POMS Reference

NL 00711: Numbered Paragraphs for International Operations

TN 5 (12-03)

305.  GENERAL

When a parent is receiving social security benefits or is insured at the time of his death, a dependent child may qualify for monthly benefits if unmarried and under age 18. A child over 18 who is disabled and dependent may also receive monthly benefits if he became disabled before age 22. Also, a child may continue to receive benefits until he reaches age 22 if he is unmarried and is in full-time attendance at an educational institution meeting certain requirements under the Social Security Act.

305.1  CHILD'S BENEFITS—SPECIFIC

(a) or (b) your dependent (c) or (d) under age 18 and unmarried, may qualify for monthly benefits.

305.1A  CHILD'S BENEFITS—DISABLED

Your disabled and dependent child over age 18 may receive benefits if he was disabled before age 22.

305.1B  CHILD'S BENEFITS—STUDENT

Your (e) or (f) may receive benefits until (g) or (h) reaches age 19 if (g) or (h) is unmarried and is in full-time attendance as a student at an elementary or secondary-level school.

305.1C  REQUIREMENTS NOT MET

Since none of those requirements is met, no benefits are payable to or on behalf of your (e) or (f).

  1. If you are receiving retirement or disability benefits or if you are insured at the time of your death,

  2. When you retire or become disabled, or upon your death,

  3. Child

  4. Children

  5. Son

  6. Daughter

  7. He

  8. She

307.  AMOUNT—LIVE PARENT—FAMILY MAXIMUM NOT INVOLVED

The monthly payment to each child of a parent who is receiving retirement or disability benefits is equal to one-half the amount the parent would receive at full retirement age, subject to the family maximum provision.

309.  AMOUNT—DECEASED PARENT—FAMILY MAXIMUM NOT INVOLVED

Generally, the benefit amount of each child of a deceased insured parent is equal to three-fourths of the parent's monthly benefit amount, subject to the family maximum provisions of the social security law.

309.1  CHILD—SOLE SURVIVOR—MINIMUM MONTHLY BENEFIT

If the child is the only surviving beneficiary, the minimum monthly benefit will be $   _.

313.1  EXPLANATION OF REDUCED BENEFITS TO MEET THE FAMILY MAXIMUM — GENERAL — RETIREMENT

The monthly payment to a child whose parent is receiving retirement or disability benefits is one-half the amount the parent would receive at full retirement age. However, when several persons receive monthly benefits on one earnings record, the benefits for some persons may, under certain conditions, be reduced. These reductions are made so that the total of the benefits paid is not more than the highest amount payable on the worker's social security earnings record. The maximum total benefit is based on and varies with the worker's benefit amount and ranges from $    to $   .

313.2  EXPLANATION OF REDUCED BENEFITS TO MEET THE FAMILY MAXIMUM—GENERAL—SURVIVOR BENEFITS

A child of a deceased insured parent receives three-fourths of the parent's monthly benefit amount. However, when several persons receive monthly benefits on one earnings record, the benefit for some persons may, under certain conditions, be reduced. These reductions are made so that the total of the benefits paid is not more than the highest amount payable on the worker's social security earnings record. The maximum family benefit is based on and varies with the insured person's benefit amount and ranges from $    to $   .

315.  DISABLED CHILD—GENERAL

The Social Security Act provides for the payment of benefits to a disabled child of a person who is entitled to social security benefits or who dies having done enough work covered by the program for survivors benefits to be paid on his record. To qualify for these benefits, the child must be unmarried, under a disability as defined by the social security law and which began before age 22, and dependent upon the insured parent.

Disabled child's benefits cannot be paid on this social security record at the present time because:

  1. the child is married.

  2. the child became disabled after age 22.

  3. the child is not currently disabled.

  4. the child does not meet the requirement for dependency on this parent.

316.  DOES NOT QUALIFY AS GRANDCHILD

Your grandchild is not eligible for social security benefits on your earnings record because (A) or (B).

(A) (1) or (2) was not living with you in the United States and receiving one-half support from you for a year before you became entitled to social security benefits.

  1. he

  2. she

(B) (1) or (2) parents were not disabled or deceased in the month you became entitled to social security benefits.

  1. his

  2. her

322.A  CHILD ADOPTED AFTER ENTITLEMENT DOES NOT MEET DEPENDENCY REQUIREMENT

Child's benefits are not payable on your claim because a requirement of the social security law is not met.

322.B  ADOPTED CHILD'S QUALIFICATION

To qualify for child's benefits, a child adopted after the worker's entitlement must (1) have been legally adopted by the worker in an adoption decreed by a court of competent jurisdiction in the United States, and (2) have been under age 18 when adoption proceedings were started If the child was age 18 or over when adoption proceedings were started, the adoption must have been decreed by a court of competent jurisdiction in the United States, and the child must have been living with or receiving at least one-half support from the NH for the year before the adoption is decreed.

322.C  ADOPTED CHILD NOT ENTITLED

Since (a) (Name of child) (b) (give reason) no benefits are payable.

322.D REQUIREMENTS NOT MET

Since none of the requirements are met, (c) (Name of child) does not qualify for benefits.

324.A  DOES NOT QUALIFY AS ILLEGITIMATE CHILD

Child's benefits are not payable on your claim because a requirement of the social security law is not met.

324.B  QUALIFICATION OF CHILD BORN OUT OF WEDLOCK

To qualify for child's benefits, satisfactory evidence to show that the worker is the child's biological father and was living with or contributing to the child's support must exist, or one of the following conditions must be met:

  1. A legal relationship must exist between the child and the insured person for inheritance purposes under the laws of (a) State, etc.

  2. The parents went through a marriage ceremony which meets certain requirements.

  3. The worker acknowledged in writing that the child is his.

  4. A court decreed the worker to be the child's father.

  5. A court ordered the worker to contribute to the support of the child because of paternity.

324.C REQUIREMENTS NOT MET

Since none of the requirements are met, (b) (Name of child) does not qualify for benefits.