42 CFR 130.11 - Who is eligible for payment under the Act

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§ 130.11 Who is eligible for payment under the Act—survivors of persons with HIV.
(a) Survivors of persons with HIV, as described in § 130.10, are eligible for payment under the Act if:
(1) The person with HIV dies before filing a petition under the Act. In this case, an eligible survivor may file a petition as a survivor of the person with HIV, as set forth in § 130.22; or
(2) The person with HIV has filed a petition under the Act, but dies before payment is made. In this case, an eligible survivor must file an amendment to the petition in order to retain the assigned order number and to receive payment under the Act, as set forth in § 130.23.
(b) Payments to survivors shall be made in the following order:
(1) If the person with HIV is survived by a spouse who is living at the time of payment, the payment shall be made to the surviving spouse (hereinafter referred to as “the surviving spouse”).
(2) If the person with HIV is not survived by a living spouse, the payment shall be made in equal shares to all children of the individual who are living at the time of payment (hereinafter referred to as “the surviving child/children”).
(3) If the person with HIV is not survived by a spouse or children who are living at the time of payment, the payment shall be made in equal shares to the parents of the individual who are living at the time of payment (hereinafter referred to as “the surviving parent(s))'.
(c) If the person with HIV is not survived at the time payment is to be made by any of the survivors listed in paragraph (b) of this section, no payments will be made for the person with HIV and the payment will revert back to the Fund.
(d) For purposes of this section, the following definitions apply:
(1) The term spouse means a person who was lawfully married to the person with HIV according to the laws of the place where the person resided at the time of death.
(2) The term child includes a recognized natural child, a stepchild who lived with the person with HIV in a regular parent-child relationship, and an adopted child.
(3) The term parent includes fathers and mothers through adoption.

Title 42 published on 2013-10-01

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