Identification Number:
RS 00203 TN 18
Intended Audience:See Transmittal Sheet
Originating Office:ORDP OISP
Title:Childs Benefits
Type:POMS Transmittals
Program:Title II (RSI)
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part RS – Retirement and Survivors Insurance
Chapter 002 – Benefits and Payments
Subchapter 03 – Child's Benefits
Transmittal No. 18, 06/26/2019

Audience

PSC: ADS, BA, CA, CCRE, CRTA, CS, DS, ICDS, IES, ILPDS, IPDS, ISRA, PETE, RECONR, TSA, TST;
OCO-OEIO: BTE, CC, CR, CTE, FCR, PETL, RECONR;
OCO-ODO: BTE, CR, CST, CTE, CTE TE, PETE, PETL;
FO/TSC: CS, CS TII, CSR, CTE, DRT, DT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

OISP

Effective Date

Upon Receipt

Background

We revised RS 00203.030 based on feedback from the field asking us to add information about work activity for a childhood disability beneficiary who is not blind. In some situations, a child’s benefit may not be payable. Specifically, we revised this section to provide more information about non-payment of a childhood disability benefit (CDB) due to work activity by the adult child, updated the non-payment provisions related to fugitive felon and prisoner suspension rules to reflect existing policy that is in other sections, and added references. We are not introducing any new policy.

 

Summary of Changes

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

In addition to the specific changes listed below, we made editorial changes throughout this section.

Subsection A:

  • Reformatted the subsection by deleting the numerals and adding bullet points for consistency throughout the section. We also revised this section to comply with plain writing standards.

Subsection B:

  • Revised first bullet point about deportation to include details about what information is available in the reference provided.

  • Revised second bullet point about the child who is an alien to reference the POMS subchapter on alien non-payment provisions rather than just one section, and included more details about what information is available in the new reference.

  • Revised third bullet point about court sentence to lose certain benefit rights for clarity. We also removed the date since this policy has been in effect since 1956.

  • Added fourth bullet point about non-payment under the Hiss Act.

  • Revised fifth bullet point, formerly the fourth bullet point, about tax exemptions to include tax exemption as a minster and added reference.

  • Made editorial revisions in sixth bullet point about worker's compensation, formerly the fifth bullet point.

  • Added seventh bullet point stating that a CDB may not be payable if the adult child engages in substantial gainful activity (SGA) and is in an extended period of eligibility (EPE). We included references to POMS sections that provide more information on work activity by a childhood disability beneficiary, SGA, and EPE requirements.

  • Revised eighth bullet point, formerly sixth bullet point, about CDB entitlement based on the special blindness provision to clarify that this non-payment provision applies to an adult child, age 55 or over.

  • Revised ninth bullet point, formerly seventh bullet point, about a child who has an unsatisfied Federal, State, or international law enforcement warrant to comply with the terms of the Martinez court settlement and added references.

  • Added tenth bullet point about non-payment for violation of probation or parole, including references.

  • Revised eleventh bullet point about child's confinement in a correctional institution, formerly eighth bullet point, for clarity. We also removed the note in this section referring to the 1983 date when we first imposed prisoner suspension on all auxiliary beneficiaries, including children, and provided more information about references.

  • Made editorial revisions in twelfth bullet point about enumeration.

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 deductions due to work by:

  • the child, unless the child is age 18 or over and under a disability that began before age 22 (see RS 02501.021 and RS 02501.095B.3);

  • the number holder (NH) on whose earnings record (ER) the child's benefits are paid (see DI 10115.001G and RS 02501.095B.2); and

  • a NH to whom a disabled child age 18 or over is married (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 effects of deportation and exceptions to payment suspension, see RS 02635.001.

  • The child is an alien who has been outside the U.S. for more than six months. For information on the alien non-payment provision, exceptions to the provision, and the additional 5-year U.S. residency requirement for dependents and survivors, see RS 02610.000.

  • The NH or child receives a court sentence to lose certain benefit rights after conviction for an offense involving espionage, sabotage, treason, sedition, or subversive activities. For information on conviction for subversive activities, see GN 02602.010.

  • The NH or child is a former or current Federal employee and commits an offense against national security. For more information about non-payment under the Hiss Act, see GN 02602.015.

  • The NH or claimant has a tax exemption as a member of a religious sect or minister. For more information, see RS 01802.271 and RS 01802.064.

  • 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 WC offset, see DI 52100.000.

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

  • The adult child entitled as a childhood disability beneficiary (CDB) engages in substantial gainful activity (SGA) and is in their extended period of eligibility (EPE). For more information on SGA, see DI 10501.000. For more information on EPE requirements, see DI 13010.210.

  • The adult child, age 55 or over, is entitled as a CDB based on the special blindness provision and engages in 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 crimes or attempted crimes of escape from custody (offense code 4901), flight to avoid prosecution or confinement (offense code 4902), and flight-escape (offense code 4999). For general information on this non-payment provision, see GN 02613.001A. For additional fugitive felon suspension rules for children entitled to Social Security benefits based on the Martinez court settlement, see GN 02613.860.

  • The child, age 13 or older or CDB, is violating a condition of probation or parole imposed under Federal or State law for more than 30 continuous days. For information on non-payment for violation of probation or parole, see GN 02613.001A. This non-payment provision is effective January 1, 2005. For information on the Clark court case, see GN 02615.100.

  • The child’s confinement exists based on a sentence of 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 April 1, 2000. For more information about prisoner suspension policies, see GN 02607.160A for policies beginning April 1, 2000, and GN 02607.160B for policies prior to April 1, 2000.

  • 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 June 1989 or later.


RS 00203 TN 18 - Childs Benefits - 6/26/2019