130.22—What documentation is required for petitions filed by survivors of persons with HIV, which are filed in cases where the person with HIV dies before filing a petition?
(a)
In those cases in which the person with HIV, as described in § 130.10, dies before filing a petition under the Act, a survivor of that person, as described in § 130.11, may file a petition.
(2)
Documentation regarding the eligibility of the survivor to receive payments as a survivor of the person with HIV.
(c)
Petitions filed by survivors must include the following information regarding the person with HIV:
(1) The individual.
Petitions filed by a survivor of the individual with a blood-clotting disorder and HIV must include the documentation described in § 130.21(b).
(2) The lawful spouse.
Petitions filed by a survivor of the lawful spouse with HIV must include the documentation described in § 130.21(c).
(3) The former lawful spouse.
Petitions filed by a survivor of the former lawful spouse with HIV must include the documentation described in § 130.21(d).
(4) The child.
Petitions filed by a survivor of the child with HIV must include the documentation described in § 130.21(e).
(d)
Petitions filed by survivors must include the following information regarding the relationship between the survivor and the person with HIV:
(1) The surviving spouse.
Petitions filed by the surviving spouse must include the following written documentation:
(ii)
A marriage certificate or other proof of a lawful marriage, which shows that the survivor was the spouse, as defined in § 130.11(d)(1), of the person with HIV; and
(iii)
A sworn statement signed by the surviving spouse which states that the surviving spouse and the person with HIV were married at the time of that individual's death.
(2) The surviving child/children.
Petitions filed by the surviving child/children must include the following written documentation:
(ii)
A birth certificate, adoption certificate, documentation that shows that the survivor is the stepchild of the person with HIV (for example, a certificate of marriage between the survivor's parent and the person with HIV), or other documentation which shows that the survivor is the child, as defined in § 130.11(d)(2), of the person with HIV; and
(A)
States that, to the best of the petitioner's knowledge, there are no other survivors who are eligible for payment under the Act, as described in § 130.11 (i.e., no eligible surviving spouses or other surviving children); or
(3) The surviving parent(s).
Petitions filed by the surviving parent(s) must include the following written documentation:
(ii)
A birth certificate, adoption certificate or other documentation which shows that the survivor is the parent, as defined in § 130.11(d)(3), of the person with HIV; and
(A)
States that, to the best of the petitioner's knowledge, there are no other survivors who are eligible for payment under the Act, as described in § 130.11 (i.e., no eligible surviving spouse, surviving children or other surviving parents); or
(Approved by the Office of Management and Budget under control number 0915-0244)