RS 00203.001:
Entitlement and Non-Entitlement Provisions for Child’s Benefits
Effective Dates: 01/12/2017 - Present- Effective Dates: 07/09/2018 - Present
TN 16 (09-11)- TN 17 (07-18)
RS 00203.001 Child's Benefits for Entitlement and Non-Entitlement Provisions- RS 00203.001 Entitlement and Non-Entitlement Provisions for Child’s Benefits
- Citations:
Social Security Act § Sections -- 202(d) , 202(k) , 202(m) , 202(n) , 202(t) , 202(u) , 203(b) , 203(c) , 203(d) , 216(e) , 216(k)- Social Security Act §§ 202(d) and 216(e)
Regulations 20 CFR -- Sections 404.350-404.366 , RS 00203.001 - Child's Benefits - Entitlement and Non-Entitlement Provisions- 20 CFR § 404.350
A. Policy for entitlement- A. Policy for entitlement to child’s benefits
1. General entitlement information for child’s benefits- 1. Requirements for entitlement to child’s benefits
To be entitled to child's benefits, a parent or representative must have filed an application for child's benefits and must be:* the child of a number holder (NH) entitled to a retirement insurance benefit RIB or disability insurance benefit (DIB) benefits, or of an NH who died fully or currently insured after 03/31/38. (For definition of child, see RS 00203.001C in this section.)* dependent upon that NH (for support information, see RS 01301.000).* unmarried. (See RS 00203.020 - When a Child Who Has Been Married May Be Considered “Unmarried”).* under age 18; or if age 18 or over, be:- Child’s benefits include benefits for minor children, students, and disabled adult children.
- To be entitled to child's benefits,
- * a proper applicant for the child must file an application. For information on who is a proper applicant for a child, see GN 00204.003B.2 and RS 00203.065B; (410) 965-1585
- In addition, the child must be:
- * the child of a number holder (NH) entitled to Retirement Insurance Benefits (RIB) or Disability Insurance Benefits (DIB), or a NH who died fully or currently insured. For information on determining who is a child of the NH, see GN 00306.000;
- * dependent upon that NH, see GN 00306.006 through GN 00306.009;
- * unmarried, including never married and unmarried as defined in RS 00203.020; and
- * under age 18, or if age 18 or over, be:
- * under a disability that began before age 22, or
* a full-time elementary or secondary school student under age 19.- * a full-time elementary or secondary school student under age 19. For more information on student benefits, see RS 00205.000.
NOTE: For entitlement of a child over age 19 as a student, see RS 00205.001.- NOTE: Under certain circumstances, we may deem a student not to have attained age 19. For more information, see RS 00205.001A.
NOTE: For re-entitlement for a child beneficiary, see RS 00203.015 - Re-entitlement Requirements for Child's Benefits- IMPORTANT: For requirements for re-entitlement to child’s benefits, see RS 00203.015.
- 2. Retroactivity for child’s benefits
Even though a child no longer meets all the requirements in RS 00203.001A.1., we may establish entitlement for months in the retroactive period of the claimant’s application that meets all requirements.- If a child does not meet the requirements outlined in RS 00203.001A at the time he or she applies for child’s benefits, we may be able to find the applicant entitled to child’s benefits by:
- * establishing entitlement for months in a retroactive period during which the child met all requirements in RS 00203.001A; and
- * terminating the child’s entitlement with the month before the month in which any of the terminating events in RS 00203.035 occurred.
- For example, a child who is married at the time she files her application for benefits, may be entitled to benefits for months prior to the month of her marriage. If benefits are payable for a retroactive period, the marriage is a terminating event.
- IMPORTANT: Consider protective filing (see GN 00204.010) and retroactivity for Title II benefits (see GN 00204.030) when determining a child’s eligibility for a retroactive period.
EXAMPLE: A married child who files an application may be entitled for months in the retroactive period before the month of marriage.- For policy on the first month of entitlement to child’s benefits, see RS 00203.005 for death cases and RS 00203.010 for life cases.
B. Policy for non-entitlement of child’s benefits- B. Policy for non-entitlement to child’s benefits
Even though a child may meet the requirements in RS 00203.001A in this section, there is no entitlement if:* the Railroad Retirement Board (RRB) has jurisdiction over the survivor's claim (for information on RRB, see RS 01601.130 through RS 01601.300), or* the child has a conviction of felonious and intentional homicide of the NH, or was found to have killed the NH by an act that, if committed by an adult, would be considered a felony. (For information on homicide by a child, see GN 00304.070 through GN 00304.080.)- Even if a child meets the requirements in RS 00203.001A in this section, there is no entitlement if:
- * the Railroad Retirement Board (RRB) has jurisdiction over the survivor's claim according to instructions in RS 01601.130 through RS 01601.300; or
- * the child has a conviction of felonious and intentional homicide of the NH, or was found to have killed the NH by an act that, if committed by an adult, would be considered a felony. For information on homicide by a child, see GN 00304.060 through GN 00304.080.
C. Definition of child- C. Policy for child’s entitlement to Medicare
The term child includes the following types of children:* Natural legitimate child, GN 00306.010* Child of void or voidable marriage, GN 00306.030* Legitimated child, GN 00306.050* Illegitimate child with inheritance rights, GN 00306.055* Child of invalid ceremonial marriage, GN 00306.090* Child under section 216(h)(3) of the Act, GN 00306.100* Legally adopted child, GN 00306.135* Equitably adopted child, GN 00306.175* Step-child, GN 00306.230* Grandchild or step-grandchild of NH or spouse, GN 00306.235- A child who has been entitled to Childhood Disability Benefits (CDB) for 24 calendar months is entitled to premium-free Hospital Insurance (HI) or Part A beginning with the 25th consecutive month of CDB entitlement.
D. Policy for hospital insurance (HI) and supplementary medical insurance (SMI) entitlement- A child who is entitled to premium-free HI based on CDB entitlement is also eligible for Supplementary Medical Insurance (SMI) or Part B.
A child entitled based on a disability, which has been entitled as a disabled child for 24 consecutive calendar months, is entitled to hospital insurance (HI) benefits beginning with the 25th consecutive month.- For more information on HI and SMI based on CDB entitlement, see HI 00801.146, HI 00801.152, and HI 00805.005.
The child is also eligible for the supplementary medical insurance (SMI) program at the same time. (For information on medical insurance, see HI 00801.146.)- NOTE: Prior to 12/1/80, the 24 months had to be consecutive (see HI 00801.146B).
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