TN 34 (08-23)

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 their 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 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 NH is a beneficiary on disability benefits and is working over SGA in the EPE that causes the suspension or termination of benefits.  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 their parent, guardian, or person acting on child's behalf refuses to apply for one. For enumeration requirements, see RM 00207.035.

    NOTE: This is effective with dates of entitlement of June 1989 or later.

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RS 00203.030 - Child's Benefits Deduction and Non-Payment Provisions - 08/30/2023
Batch run: 08/30/2023