TN 16 (09-11)

RS 00203.015 Re-entitlement Requirements for Child’s Benefits

A. Re-entitlement requirements policy

1. General information on re-entitlement requirements

A child whose entitlement to child's benefits ended with the month preceding the month the child attained age 18, or with a subsequent month, may be re-entitled on the same earnings record upon filing an application, without re-establishing dependency, provided the child still meets the definition of child in RS 00203.001 and meets one of these criteria:

  • is under age 19 and is a full-time student in an elementary or secondary-level school program, or

  • is under a disability that began prior to attainment of age 22 (effective 01/73), or

  • is under a disability that began before the close of the 84th month following the month in which his or her most recent entitlement to child's benefits terminated because his or her disability ceased (effective 01/73), or

  • effective 10/01/04, reentitlement to childhood disability benefits is allowed at any time if the beneficiary's prior entitlement terminated because he or she ceased to be under a disability due to the performance of substantial gainful activity (SGA) and other reentitlement requirements are met. (For information on SGA, see DI 10505.001). If the previous entitlement to childhood disability benefits terminated because of medical improvement, the 84- month time limit still applies.

  • had his or her entitlement terminated prior to 10/72 due to an adoption;

    and

  • has not married since the child last became entitled to benefits. (A voided or annulled marriage is an exception.)

NOTE: A marriage that ended by death or divorce precludes re-entitlement. (For information on reinstating or re-entitling a child's benefits when a marriage is void or annulled, see GN 00305.125 through GN 00305.130.) (See RS 00203.020 - When a Child Who Has Been Married May Be Considered "Unmarried".)

NOTE: An application is NOT required when a child entitled to child's insurance benefits for the month before attainment of age 18, is eligible for benefit continuation, with no break in entitlement, based on disability or school attendance. (See RS 00205.001 for eligibility criteria for a student and RS 00205.400E.2 for completion requirements for the SSA-1372 (Student's Statement Regarding School Attendance). (Refer to DI 10115.001 through DI 10115.050 for eligibility requirements for a childhood disability beneficiary, and RS 00203.080 for application guidelines for childhood disability benefits (CDB)).

2. “Throughout the entire month” requirement

The first month that a child can be re-entitled to a monthly benefit is subject to the “throughout the entire month” requirement if the child:

  • is being re-entitled on the earnings record (ER) of a living number holder (NH), and

  • the child was not entitled to child's benefits on any ER for August 1981 or any preceding month.

3. Retroactive entitlement

A child can be re-entitled for months in the retroactive period, which meets the above requirements even though the child no longer meets all of them.

4. NH's disability insurance benefits entitlement terminated

If the child's prior entitlement began with the NH's entitlement to a disability insurance benefit, which terminated because the disability ceased and the NH has since died or has again become entitled to a disability insurance benefit or retirement insurance benefit, the initial entitlement provisions apply, instead of the re-entitlement provisions. (For Expedited Reinstatement, see DI 13050.060A.2. For information on Dependency Requirements, see GN 00306.232.)

B. Child re-entitled based on a disability

A child re-entitled based on a disability may also be re-entitled to Hospital Insurance (HI) benefits and eligible for Supplemental Medical Insurance (SMI) once meeting the requirements of the law. (For information on health insurance, see HI 00801.146.)