TN 10 (12-05)

RS 00208.030 Mothers and Fathers Termination

Citations:

Social Security Act Section 202(g);

Section 2205 — P.L. 97-35;

Regulations 20 CFR 404.341

A. Policy - mother/father

Benefits end with the month before the month when any of the following occur:

  • no child of a deceased NH under age 16 (or 18 if prior to 09/81) or disabled is entitled to a child's insurance benefit (see exception for mothers and fathers entitled in 08/81);

  • the claimant remarries. See RS 00208.035 for conditions when remarriage has no effect on entitlement;

  • the claimant becomes entitled to widow(er)'s benefits;

  • the claimant becomes entitled to a RIB equal to or exceeding the amount of his or her unadjusted mother's/father's benefit or the minimum sole survivor benefit. See RS 00208.015B if the claimant becomes entitled to other than RIB on another E/R;

  • the claimant dies.

EXCEPTION: The Omnibus Budget Reconciliation Act of 1981 (enacted August 13, 1981) provides that claimants who were entitled to a mother’s or father’s benefit for August 1981 have a grace period of two years from the date of enactment or the child’s attainment of age 18 whichever occurs first, before benefits will terminate. Benefits may continue beyond the grace period if at expiration, the parent has a disabled minor child in their care (for a child age 18 or over, childhood disability benefits still apply). (See DI 11020.001.)

NOTE: Failure of a mother/father to have a child-in-care does not terminate entitlement but results in deductions from the mother's/father's benefits. (See GN 02603.020 for effect of child-in-care suspension on the family maximum.)

B. Policy - surviving divorced mother/father

Benefits end with the month before the month when any of the following occur:

  • any of the events in RS 00208.030A;

  • no natural or legally adopted child of the claimant is under age 16 (or 18 prior to 09/81) or disabled and entitled to child's insurance benefits based on the deceased NH's E/R.

C. Policy - deemed widow(er)

Benefits end with the month before the month in which any of the following occur:

  • any event in RS 00208.030A or RS 00208.030B;

  • prior to 1/91, another person is certified for entitlement to mother's/father's or widow(er)'s benefits on the E/R of the NH as the legal widow(er). (See GN 00305.055.) Also, 12/31/90, entitlement of a legal widow(er) does not terminate benefits to a deemed widow(er).

NOTE: Prior to 1/91, if the legal widow(er) died, a deemed widow(er) could become entitled or reentitled to benefits upon filing an application.