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  If the court convicted the child of the intentional and felonious homicide of the number holder (NH), consider the child non-existent in determining the entitlement or benefit amounts of other survivors.

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  If the child's offense is not intentional and felonious, we will pay the lump sum death payment (LSDP), and pay or continue benefits.

To consider the child convicted of killing the NH, the court of competent jurisdiction must find that the child killed the NH.

1. a. 

   Obtain information as to whether the child was convicted of killing the NH by a court of competent jurisdiction from:

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     the court having jurisdiction;

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     the State's attorney; or

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     other reliable source.

2. b. 

   Obtain a copy of the actual finding of the court or an official synopsis of the finding, if possible.

3. c. 

   If the court records are sealed and no reliable information about the court’s finding is unobtainable, no further development is necessary. Pay benefits unless we later obtain information indicating that the court found the child to have intentionally killed the NH.

Document the SSA-553 (Special Determination) with the rationale for any situation not submitted to the Office of General Counsel (OGC).

If the court finding does not clearly show whether the child's act was intentional and was an act that would be a felony if committed by an adult, submit the case to the OGC. Advise OGC that we realize the child's offense is not actually a felony, but we need to know if it would be considered intentional and felonious if committed by an adult.

NOTE: As long as legal considerations are not involved, determine whether the act was intentional, rather than submitting the case to the OGC if intent is the only unresolved issue.