410.360—Determination of dependency; widow.
(a) General.
An individual who is the miner's widow (see § 410.320) will be determined to have been dependent on the miner if, at the time of the miner's death:
(2)
She was dependent upon the miner for support or the miner has been ordered by a court to contribute to her support (see § 410.395 ); or
(5)
She had legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18; or
(6)
He had legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18; or
(8)
She was married to him for a period of not less than 9 months immediately prior to the day on which he died (but see paragraph (b) of this section).
(b) Waiver of 9-month requirement—
(1) General.
Except as provided in paragraph (b)(3) of this section, the requirement in paragraph (a)(8) of this section that the surviving spouse of a miner must have been married to him for a period of not less than 9 months immediately prior to the day on which he died in order to qualify as such miner's widow, shall be deemed to be satisfied where such miner dies within the applicable 9-month period, if his death:
(ii)
Occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in § 404.1013 (f) (2) and (3) of this chapter ), and such surviving spouse was married to such miner for a period of not less than 3 months immediately prior to the day on which he died.
(2) Accidental death.
For purposes of paragraph (b)(1)(i) of this section, the death of a miner is accidental if such individual receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than 3 months after the day on which he receives such bodily injuries. The term accident means an event that was unpremeditated and unforeseen from the standpoint of the deceased individual. To determine whether the death of an individual did, in fact, result from an accident the Administration will consider all the circumstances surrounding the casualty. An intentional and voluntary suicide will not be considered to be death by accident; however, suicide by an individual who is so insane as to be incapable of acting intentionally and voluntarily will be considered to be death by accident. In no event will the death of an individual resulting from violent and external causes be considered a suicide unless there is direct proof that the fatal injury was self-inflicted.
(3) Applicability.
The provisions of this paragraph shall not apply if the Administration determines that at the time of the marriage involved, the miner could not reasonably have been expected to live for 9 months.