Section 202(j)(1) of the law protects a beneficiary who is already receiving benefits when a new claimant becomes entitled to benefits prior to their month of filing if the existing claimant's benefit rates would be reduced under the family maximum. The new claimant is referred to as a late filer.

When the family maximum has already been paid for months in the retroactive period, no benefits are payable to the late filer.

NOTE: In life cases the adjusted maximum, (MAX minus the PIA), should be substituted for the maximum.

See RS 00615.761C.

When determining the amount due for each month in the retroactive period, if the month is:

• •

  6/82 or later, use the MBC for determination.

• •

  5/82 and before, use the MBA for determination.

Protection for the auxiliaries or survivors already receiving benefits ends with the month the late filer's application was filed. For that month and later, reduce benefits to all to conform to family maximum provisions. For more information on application filing date, see GN 00204.007A.1.

Consider a delayed claimant to be entitled when determining the amount payable to the late filer. Divide the amount payable to the family between the late filer, the beneficiaries already on the rolls (protected beneficiaries), and the delayed claimant(s), even though no benefits have been certified to the delayed claimant(s).

NOTE: If another dependant files for benefits and becomes entitled during the retroactive period and the delayed claimant has not been certified for payment, divide the benefits considering all beneficiaries including the new late filer, the protected beneficiaries, and the delayed claimant. Although you are changing the amount for the delayed claimant, do not consider the delayed claimant as a protected beneficiary in the new award.

Example: The MBR has C1, C2, C3, C4, & E with the DOE of 05/06. C4 is in delayed status. In 08/06, C5 filed for benefits and was awarded with DOE of 05/06. The TMAX was $1939.40 and the 05/06 MBA was $387.80. Benefit rates which have not been paid (for any reason) are not protected under Section 202(j)(1). Likewise, a claimant who is reflected on an award as delayed is not protected. Divide benefits not yet certified between the delayed claimant, the protected beneficiaries, and the “new” late filer. The only beneficiaries whose rates are protected by Section 202(j)(1) would be C1, C2, C3, & E.