SOCIAL SECURITY ACT, SECTION 202 (D)(7); CFR 404.350, 404.351, 404.352, 404.367 AND 404.368
TN 14 (03-01)
RS 00205.001 Who Is Eligible For Student Benefits
An individual is a student and is eligible for student benefits if he/she:
Meets the requirements for child's benefits (RS 00203.001);
Attained age 18;
Is in full-time attendance (FTA) (RS 00205.300);
Is attending an educational institution (EI) that provides elementary or secondary level courses (courses at grade 12 or below) (RS 00205.200); and
Has not attained age 19, or has attained age 19 in a month he/she is in FTA and meets the conditions in RS 00205.325 for benefits beyond that month.
NOTE: If the student graduated (i.e., received a diploma) but is continuing to take elementary or secondary level courses (RS 00205.200), benefits may continue as long as he/she is in FTA. Graduation does not become an issue for entitlement purposes until the student reaches age 19 (see RS 00205.325).
To determine if an individual is eligible as a student, establish that:
The requirements for child's benefits are met (RS 00203.001);
The child attained age 18 or will attain that age within 6 months of processing the application (see GN 00302.400 for determining age attainment);
The student is in FTA (RS 00205.300);
The school is an EI (RS 00205.200 and RS 00205.250);
The student is not being paid by an employer who has requested or required that he/she attend school (see RS 00205.125); and
The student is not a prisoner (RS 00205.130).