TN 5 (12-03)
NL 00711.030 Husband's and Widower's Benefits Paragraphs
250. GENERAL—HUSBAND
A husband age 62 or older may receive benefits on his wife's social security earnings
record if she is entitled to benefits.
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(A)
at age 62 if he has been married to the worker for at least 1 year or is the natural
father of her child.
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(B)
regardless of his age, if he has in his care a child entitled to monthly benefits
on is wife’s earnings record. However, a husband’s benefit will not be paid if the
only child in his care has attained age 16 and is not disabled.
250A. HUSBAND—PRIOR
TO MARCH 1977
In order for him to receive payment prior to March 1977, his wife must have been furnishing
at least one-half of his support.
250B. HUSBAND—BENEFITS
REDUCED
If (a) or (b) decides to take benefits between age 62 and full retirement age, however, the benefits
will be reduced.
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250C. HUSBAND—MONTHLY BENEFIT
AMOUNT
A husband's monthly benefit at full retirement age is one-half of the amount his wife
would receive at full retirement age if there are no other auxiliaries entitled on
her social security record.
250D. DIVORCED HUSBAND
A divorced husband who has not remarried or whose remarriage has ended may receive
benefits at age 62 or later on his former wife’s social security record if she is
receiving benefits. He must have been married to her for at least 10 years immediately
preceding the divorce. If she is at least age 62 but has not applied for benefits,
he can receive benefits on his record if they have been divorced for at least two
years.
255. GENERAL—WIDOWER AGE
60 OR OVER
Monthly benefits may be paid to a widower at age 60 or later if his wife was fully
insured at the time of her death.
255A. WIDOWER—PRIOR TO MARCH
1977
In order for him to receive payment prior to March 1977, his wife must also have been
furnishing at least one-half of his support at the time of her death.
255B. WIDOWER—REDUCED
If he decides to take benefits before full retirement age, the amount of his monthly
payments will be reduced depending on the number of months he receives benefits before
full retirement age.
255C. WIDOWER—DISABLED
Under certain conditions, a disabled widower may receive disability benefits between
age 50 and 60.
256. WIDOWER—REMARRIED
A widower who remarried after age 60 may still be entitled to monthly benefits on
his deceased wife's earnings record. Before January 1979, his benefit will be 50 percent
of the amount his wife would have received at full retirement age. After December
1978, the remarriage will have no effect on the amount of his benefit.
257. GENERAL—WIDOWER UNDER
AGE 60
Monthly benefits may be paid to a widower before he attains age 60 if his wife was
insured at the time of her death and he has in his care a child of his deceased wife.
However, a widower's benefit will not be paid if the only child in his care has attained
age 16 and is not disabled.
When a child in the care of his widowed father is no longer entitled to benefits,
payments to the widower stop. If his wife was fully insured at death, he may receive
monthly benefits again when he reaches age 60. If a widower becomes disabled, he may
under certain conditions be entitled to disability benefits at age 50 or later.
258. DISABLED WIDOWER—BETWEEN
AGES 50-60
Monthly benefits may be paid to a widower prior to age 60 if his wife was insured
at the time of death and if he has attained age 50 and is disabled.
To be considered disabled, he must have a physical or mental impairment that is severe
enough to prevent his performing gainful work and has lasted (or is expected to last)
12 months or more. In general, the disability must have started before his wife's
death or within 7 years (84 months) after her death.
258A. DIVORCED WIDOWER
In order for a claimant to be entitled as a surviving divorced husband, the claimant
must:
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a.
Be finally divorced from the wage earner; and
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b.
Have been married to him for a period of at least 10 years immediately before the
date the divorce became final.
If he has a child in his care entitled to benefits on his former wife’s record, he
may receive benefits before age 60. In this case, he need not have been married for
10 years. However, these benefits cannot be paid if the only child in his care is
age 16 and not disabled.
260. SUPPORT NOT NECESSARY
The one-half support requirement does not apply to months prior to March 1977 if the
month before their marriage the (a)
or (b) was entitled or could have been entitled to certain types of benefits under the Social
Security Act or the Railroad Retirement Act.
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261. DISALLOWANCE OF HUSBAND'S CLAIM
To be entitled to monthly benefits on his wife's social security earnings, a husband
must (a), (b), (c).
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(b)
be married to a worker currently entitled to social security benefits.
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(c)
have for entitlement prior to March 1977 been receiving at least one-half of his support
from his wife at the time she became entitled to benefits.
Since you do not meet (a) this, (b) these requirement(s), you are not entitled to benefits.
265. AMOUNT OF WIDOWER'S BENEFITS
A widower's monthly payment at full retirement age would be equal to the amount his
wife would have received. If he decides to take benefits before full retirement age,
the amount of his benefit will be reduced.
265.1. AMOUNT OF WIDOWER'S BENEFITS—SOLE
SURVIVOR
Effective June 1978, if a widower age 62 or more is the only surviving beneficiary,
he will receive no less than $100.50 a month. If he decides to take benefits before
age 62, the amount of his monthly benefits will be reduced.
266. AMOUNT OF DISABLED WIDOWER'S
BENEFITS
Benefits for a widower who is entitled because of a disability are reduced for months
before he reaches full retirement age. The reduction is made first for each of the
60 months between age 60 and full retirement age and then for each month of his entitlement
prior to age 60 because of his disability. The reduction for months before age 60
was eliminated beginning January 1984.
271. PUBLICATION FOR DEFINITION OF
FULLY INSURED STATUS
A brief explanation of the term “work credit” will be found in the enclosed publication
on page (a) .
NOTE TO TYPIST: Enclose SSA Publication
No. 78-10035 (or current revision)
272. DEFINITION OF ONE-HALF SUPPORT
A husband is receiving at least one-half support from his wife if she is contributing
at least as much towards his support as he is receiving from all other sources. Expenses
for food, shelter, clothing, medicine, and medical services are all included in the
definition of support.