TN 5 (08-11)

RS 00209.020 Deduction, Nonpayment, and Termination Events for Parent’s Benefits

A. Policy for deductions of parent’s benefits

Benefits are subject to deductions because of the parent's own work.

B. Policy for nonpayment of parent’s benefits

 

Nonpayment Event

POMS Reference

Worker is deported and parent is an alien outside U.S.

RS 02635.001

Parent is alien outside U.S. for 6 full consecutive months

RS 02610.001 -
RS 02610.015

Parent is alien residing in country to which the mailing of U.S. government checks is prohibited

RS 02650.001A

Worker or parent was granted a tax exemption as a religious group member

RS 01802.270

Parent deprived of certain rights by sentence of a court - espionage, sabotage, treason, sedition, or subversive activities

GN 02602.010

Parent is convicted of a criminal offense and confined to a correctional or mental institution for more than 30 continuous days; or a court of competent jurisdiction issues a verdict, finding or a ruling that declares the individual:

guilty but insane with respect to an offense punishable by imprisonment for more than one year; not guilty of such an offense by reason of insanity; incompetent to stand trial under an allegation of such an offense; determined to have a similar verdict or finding with respect to such an offense based on similar factors (such as mental disease, mental defect or mental incompetence) and the individual is confined to an institution at public expense or immediately upon completion of confinement in a correctional institution, (confinement in the correctional institution was based on a crime an element of which was sexual activity), the individual is confined by court order to an institution at public expense because he/she was determined to be a sexually dangerous person or a sexual predator or similar finding.

GN 02607.310
GN 02607.310

Parent has an unsatisfied warrant for more than 30 continuous days for a felony, or in jurisdictions that do not classify crimes as felonies, a crime that is punishable by death or imprisonment for more than one year (regardless of the sentence imposed) or, the parent is in violation of a condition of Federal or State probation or parole unless good cause can be established for not satisfying the outstanding warrant.

GN 02613.001

GN 02613.025

Parent does not have a Social Security number and refuses to apply for one. NOTE: This is effective with dates of entitlement of 06/1989 or later.

RS 00203.032

C. Policy for termination of parent’s benefits

Entitlement ends with the month before the month in which parent:

  • dies;

  • marries (for exceptions, see RS 00209.005); or

  • becomes entitled to an retirement insurance benefit (RIB) equal to or exceeding the amount of the parent's original benefit, One parent = 82 1/2%; Two parents = 75%. (If the parent becomes entitled to a benefit on another earning record other than RIB, see RS 00209.015.)


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0300209020
RS 00209.020 - Deduction, Nonpayment, and Termination Events for Parent's Benefits - 10/15/2015
B