TN 16 (09-11)

RS 00203.001 Child's Benefits for Entitlement and Non-Entitlement Provisions

Citations:

Social Security Act § Sections -- 202(d) , 202(k) , 202(m) , 202(n) , 202(t) , 202(u) , 203(b) , 203(c) , 203(d) , 216(e) , 216(k)

Regulations 20 CFR -- Sections 404.350-404.366 , RS 00203.001 - Child's Benefits - Entitlement and Non-Entitlement Provisions

A. Policy for entitlement

1. General entitlement information for child’s benefits

To be entitled to child's benefits, a parent or representative must have filed an application for child's benefits and must be:

  1. the child of a number holder (NH) entitled to a retirement insurance benefit RIB or disability insurance benefit (DIB) benefits, or of an NH who died fully or currently insured after 03/31/38. (For definition of child, see RS 00203.001C in this section.)

  2. dependent upon that NH (for support information, see RS 01301.000).

  3. unmarried. (See RS 00203.020 - When a Child Who Has Been Married May Be Considered “Unmarried”).

  4. under age 18; or if age 18 or over, be:

    • under a disability that began before age 22, or

    • a full-time elementary or secondary school student under age 19.

NOTE: For entitlement of a child over age 19 as a student, see RS 00205.001.

NOTE: For re-entitlement for a child beneficiary, see RS 00203.015 - Re-entitlement Requirements for Child's Benefits

2. Retroactivity for child’s benefits

Even though a child no longer meets all the requirements in RS 00203.001A.1., we may establish entitlement for months in the retroactive period of the claimant’s application that meets all requirements.

EXAMPLE: A married child who files an application may be entitled for months in the retroactive period before the month of marriage.

B. Policy for non-entitlement of child’s benefits

Even though a child may meet the requirements in RS 00203.001A in this section, there is no entitlement if:

  • the Railroad Retirement Board (RRB) has jurisdiction over the survivor's claim (for information on RRB, see RS 01601.130 through RS 01601.300), or

  • the child has a conviction of felonious and intentional homicide of the NH, or was found to have killed the NH by an act that, if committed by an adult, would be considered a felony. (For information on homicide by a child, see GN 00304.070 through GN 00304.080.)

C. Definition of child

The term child includes the following types of children: