20 C.F.R. § 725.233

Support and contributions

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(a) Support defined. The term “support” includes food, shelter, clothing, ordinary medical expenses, and other ordinary and customary items for the maintenance of the person supported.

(b) Contributions defined. The term “contributions” refers to contributions actually provided by the contributor from such individual's property, or the use thereof, or by the use of such individual's own credit.

(c) Regular contributions and substantial contributions defined. The terms “regular contributions” and “substantial contributions” mean contributions that are customary and sufficient to constitute a material factor in the cost of the individual's support.

(d) Contributions and community property. When a spouse receives and uses for his or her support income from services or property, and such income, under applicable State law, is the community property of the wife and her husband, no part of such income is a “contribution” by one spouse to the other's support regardless of the legal interest of the donor. However, when a spouse receives and uses for support, income from the services and the property of the other spouse and, under applicable State law, such income is community property, all of such income is considered to be a contribution by the donor to the spouse's support.

(e) Court order for support defined. References to a support order in this subpart means any court order, judgment, or decree of a court of competent jurisdiction which requires regular contributions that are a material factor in the cost of the individual's support and which is in effect at the applicable time. If such contributions are required by a court order, this condition is met whether or not the contributions were actually made.

(f) Written agreement defined. The term “written agreement” in the phrase “substantial contributions pursuant to a written agreement”, as used in this subpart means an agreement signed by the miner providing for substantial contributions by the miner for the individual's support. It must be in effect at the applicable time but it need not be legally enforceable.

(g) One-half support defined. The term “one-half support” means that the miner made regular contributions, in cash or in kind, to the support of a divorced spouse at the specified time or for the specified period, and that the amount of such contributions equalled or exceeded one-half the total cost of such individual's support at such time or during such period.

(h) Totally dependent for support defined. The term “totally dependent for support” as used in § 725.225(b) means that the miner made regular contributions to the support of the miner's parents, brother, or sister, as the case may be, and that the amount of such contributions at least equalled the total cost of such individual's support.

Notes of Decisions

Cited in 9 cases, 1983–2005 · leading case: Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Aleen E. Ball, 826 F.2d 603 (7th Cir. 1987).

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Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Aleen E. Ball, 826 F.2d 603 (7th Cir. 1987). · cites it 4× “20 C.F.R. § 725.233 (g) (1986). Mrs. Ball’s sole source of income since 1973 has been her receipt of social security benefits.”

Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Orpha Hill (86-3906), Jenna L. Holmes (86-3925), 831 F.2d 635 (6th Cir. 1987). · cites it 5× “20 C.F.R. § 725.233 (g). “Contributions” is defined as follows: The term “contributions” refers to contributions actually provided by the contributor from such individual’s property, or the use thereof, or by the use of such individual’s own credit.”

Mary Lombardy (Surviving Divorced Spouse of Frank Lombardy) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 355 F.3d 211 (3rd Cir. 2004). · cites it 2× “20 C.F.R. § 725.233 (g). “Contributions” are defined as “contributions actually provided by the contributor from such individual’s property, or the use thereof, or by the use of such individual’s own credit.”

Irene Taylor v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 967 F.2d 961 (4th Cir. 1992). · cites it 3× “See 20 C.F.R. § 725.233 . In this case, we are presented with the question of whether a divorced wife of a miner, whose primary source of income derives from social security payments she receives as a result of the miner’s prior employment, is entitled to augmented black lung…”

Virginia Ensinger v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 833 F.2d 678 (7th Cir. 1987). “” 20 C.F.R. § 725.233 (b); see also Ball, 826 F.”

Blevins v. Blevins, 300 S.E.2d 743 (Va. 1983). “395 (b) (1982); 20 C.F.R. § 725.233 (b) (1982). Clearly, black lung benefits themselves do not constitute contributions within this definition.”

Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Alberta A. Logan, (Widow of Raleigh v. Logan), 868 F.2d 285 (8th Cir. 1989). “The accompanying regulations in 20 C.F. R. § 725.233 define some of the relevant terms: (b) “Contributions” defined.”

Lombardy v. Dir. OWCP (3rd Cir. 2004). · cites it 2× “20 C.F.R. § 725.233 (g). “Contributions” are defined as “contributions actually provided by the contributor from such individual’s property, or the use thereof, or by the use of such individual’s own credit.”

May W. Tucker v. Dir., OWCP, 155 F. App'x 413 (11th Cir. 2005). “” 20 C.F.R. § 725.233 (g). Because this claim was filed in 2002, more than one year after the 1980 claim, Tucker must demonstrate that a condition of entitlement — here, her dependency on the miner — has changed since 1980.”

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