TN 16 (09-11)

RS 00203.030 Child's Benefits Deduction and Non-Payment Provisions

A. Policy regarding child’s benefit deductions

A child's benefit is subject to the following deductions:

1. Work deduction for the child

Work deductions, unless the child is age 18 or over and is under a disability that began before 22.

2. Work deductions for number holder (NH)

Deductions due to work deductions imposed against the NH on whose earnings record (ER) the child's benefits are paid.

3. Work deductions for NH married to disabled child

Deductions because of work deductions imposed against an NH to whom a disabled child age 18 or over is married. (For information on work deductions for an NH and marriage, see RS 00203.080A.5.)

B. Policy on non-payment of benefits

A child's benefit may not be payable in the following situations:

  • A monthly benefit would not be payable to the NH because of his or her deportation, and the child is an alien residing outside the U.S. (For information on deportation, see RS 02635.001.)

  • The child is an alien who has been outside the U.S. for more than six months. (For information on alien non-payment provisions and possible exceptions, see RS 02610.001 through RS 02610.020.)

  • The child lost certain benefit rights by sentence of a court after conviction for an offense involving espionage, sabotage, treason, sedition, or subversive activities committed after August 1, 1956. (For information on conviction for subversive activities, see GN 02602.010.)

  • The NH or claimant has a tax exemption as member of a religious sect. (For information on who may qualify for an exemption, see RS 01802.271.)

  • The NH is a disability insurance benefit beneficiary and is entitled to a worker’s compensation (WC) benefit that causes disability offset. (For information on worker’s compensation offset, see DI 52100.000.)

    NOTE: Partial child's benefits may be payable depending upon the amount of the WC payments.

  • The child is entitled as a childhood disability beneficiary (CDB) based on the special blindness provision and, the child engages in substantial gainful activity (SGA). (For SGA and blindness guidelines, see DI 10515.015.)

  • The child (age 13 or older or CDB) has an unsatisfied Federal, State, or international law enforcement warrant for more than 30 continuous days for a crime or attempted crime, that is punishable by death or imprisonment for more than one year (regardless of the actual sentence imposed); or is a violation of a condition of probation/parole imposed under Federal or State law.

  • The child’s confinement exists for more than 30 continuous days in a correctional institution due to the conviction for a criminal offense. These provisions apply for children entitled to Social Security benefits beginning with 04/01/2000. For additional prisoner suspension rules for children entitled to Social Security benefits before 04/01/2000, see GN 02607.160.

    NOTE: This is effective with benefits payable for May 1983 and later.

  • The child does not have a Social Security number and the child or his or her parent, guardian, or person acting on child's behalf refuses to apply for one. (For enumeration requirements, see RS 00203.032.)

    NOTE: This is effective with dates of entitlement of 06/89 or later.

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RS 00203.030 - Child's Benefits Deduction and Non-Payment Provisions - 09/09/2011
Batch run: 10/06/2015