Effective Dates: 06/17/2013 - Present Previous | Next

TN 41 (06-19)

GN 00306.100 Overview of Section 216(h)(3) – Federal Standard for a Parent-Child Relationship for Title II Child's Benefits

CITATIONS:

Social Security Act - Sec. 216(h)(3); 202(d)(3)
Regulations No. 4 - Secs. 404.355, 404.731

A. Policy for establishing a parent-child relationship under the Federal standard in section 216(h)(3) of the Social Security Act (Act)

If the child is the number holder’s (NH) biological child, he or she may meet the relationship requirement under the Federal standard set out in section 216(h)(3) of the Act. If we establish a parent-child relationship under the criteria in section 216(h)(3), we deem the child dependent on the NH unless someone other than the NH adopted the child during the NH's lifetime (see GN 00306.100D).

Apply section 216(h)(3) when you cannot establish the parent-child relationship under State law. You may explore all possible relationship provisions consecutively or concurrently (see GN 00306.315A).

Section 216(h)(3) requires that the child must be the NH's son or daughter. Therefore, even if one of the requirements in GN 00306.100C is met, you must consider evidence showing that the NH is not the child's biological parent.

NOTE: If evidentiary standards for section 216(h)(3) are met, the NH's biological child may be deemed the child for benefit purposes regardless of the child's status under State law. The child may qualify under this provision even if presumed to be the child of another person under State law.

B. When you should not apply the 216(h)(3) policy

Do not use these instructions to determine:

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    relationship status for entitlement to parent’s benefits (see RS 00209.000); or

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    entitlement to benefits for a posthumously conceived child. The criteria in section 216(h)(3) require actions that occurred during the NH’s lifetime. Therefore, the child must have been conceived during the NH’s lifetime. We can only entitle a posthumously conceived child if the child has inheritance rights under State intestacy law. Refer all cases involving conception after the NH’s death for a legal opinion following instructions in GN 01010.815.

C. How to meet the relationship requirement under section 216(h)(3)

A child satisfies the relationship requirements under section 216(h)(3) based on meeting any one of the following three standards:

1. Written acknowledgment establishing the child as the NH’s child

We may establish a parent-child relationship under section 216(h)(3) based on the NH’s written acknowledgment that the child is his or her biological son or daughter.

For instructions on establishing a parent-child relationship using written acknowledgment, see GN 00306.105.

NOTE: For death claims, written acknowledgment must occur prior to NH’s death.

2. Court decree or court order for support establishing the child as the NH’s child

We may also establish a parent-child relationship under section 216(h)(3) when:

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    a court decrees that the child is the NH’s biological son or daughter; or

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    the court orders the NH to contribute to the child’s support because the child is the NH’s biological son or daughter.

For instructions on establishing a parent-child relationship using a court decree or court order, see GN 00306.110.

NOTE: For death claims, a court decree or order must have been issued prior to the NH's death.

3. Other satisfactory evidence establishes the child as the NH’s child and the NH was living with or contributing to the child’s support

We may also establish a parent-child relationship under section 216(h)(3) when:

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    other satisfactory evidence establishes that the child is the NH’s biological son or daughter; and

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    the NH was either living with the child or contributing to the child’s support at the time of application or the NH’s death. If the NH died after the child was conceived but before the child was born, this support requirement is satisfied if the NH was living with the child's mother or contributing to her support at the time of death.

For instructions on establishing a parent-child relationship under this provision, see GN 00306.125.

D. Deem dependency for a child based on section 216(h)(3)

We deem a section 216(h)(3) child dependent under section 202(d)(3) of the Act.

NOTE: If someone other than the NH adopts the child during the NH's lifetime, follow instructions in GN 00306.165.

E. Effective date of parent-child relationship based on section 216(h)(3)

Follow these instructions to determine the effective date of the parent-child relationship.

1. Written acknowledgment, court decree, or court order

The parent-child relationship does not begin until the date of the written acknowledgment, court order, or court decree, unless the evidence points to an earlier date. Therefore, you may need to develop other evidence of parentage where retroactivity is at issue. For more information on retroactivity for child's benefits, see RS 00203.001A.2.

NOTE: For information on using a Record of Claimant's Intent to File (SSA-2514) to protect the date of a written acknowledgment, see GN 00306.105G.

2. Other satisfactory evidence and living with or contributing to support

The parent-child relationship can begin no earlier than the date of the evidence, unless the evidence points to an earlier date. The living with or contributions requirement must also be met.

EXCEPTION: If a signed statement attesting to a person's knowledge about a child's parentage is being used as evidence, the date to which the statement points may be used as the effective date of the relationship.

F. Month of entitlement to child's insurance benefits based on section 216(h)(3)

To determine the child's first month of entitlement when we base the relationship on section 216(h)(3);

G. Consider all options before disallowing a child for failure to meet the section 216(h)(3) relationship requirement

Before ruling out entitlement to child's benefits based on section 216(h)(3), consider all possible sources of information suggested on the SSA-2519 Child Relationship Statement (see GN 00306.300). Form SSA-2519 must be included in the claim file before disallowing the claim.

Do not disallow benefits solely because the child does not meet the provisions of section 216(h)(3). You must also consider the child's status under applicable State intestacy law (see GN 00306.405 through GN 00306.680).

Follow instructions in GN 00306.305, GN 00306.310, and GN 00306.315, as applicable.

H. References

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    GN 00306.105 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Written Acknowledgment

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    GN 00306.110 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Court Decree or Court Order for Support

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    GN 00306.125 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Other Satisfactory Evidence and Living With or Support

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    GN 00306.165 Entitlement Requirements - Child Adopted by Someone Other Than NH

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    GN 00306.280 Support Requirement for 216(h)(3)(C)(ii) Child (Survivor Cases) – McNeal/Jones/Boyland Acquiescence Rulings for Title II Child’s Benefits

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    GN 00306.285 Support Requirement Under 216(h)(3)(C)(ii) for Posthumous Child – Adams/Parsons/Doran/Wolfe Acquiescence Rulings for Title II Child’s Benefits

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    GN 00306.300 Child Relationship Statement – Form SSA-2519

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    GN 00306.305 Determining Status as Number Holder's Child: When to Request a Legal Opinion

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    GN 00306.310 Challenges to a Parent-Child Relationship Determination

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    GN 00306.315 Disallowing a Title II Child Claim Based on Failure to Establish Relationship

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    RS 00203.005 Child’s Benefits First Month of Entitlement (MOET) in Death Cases

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    RS 00203.010 Child’s Benefits First Month of Entitlement (MOET) in Life Cases

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306100
GN 00306.100 - Overview of Section 216(h)(3) – Federal Standard for a Parent-Child Relationship for Title II Child's Benefits - 06/17/2013
Batch run: 06/21/2019
Rev:06/17/2013