TN 26 (01-04)

A. Policy - general

The Social Security Act provides that a child entitled to child's benefits on more than one SSN will receive benefits on only one. That child is actually entitled (paid) on one SSN and “technically entitled” on the other. Maximums from all SSNs that the child is entitled on may be combined on the SSN where payment is actually made.

NOTE: ICF program 29 can help determine combined family maximum rates.

B. Policy - entitlement

1. Simultaneous entitlement

Simultaneous entitlement exists when a claimant is entitled to a child’s benefit on two records.

2. Triple entitlement

Triple entitlement exists when a claimant is entitled to a child’s benefit on three records.

3. Splitting of entitlement not permitted

Splitting of entitlement is not permitted because all eligible children on the same SSNs are handled as an indivisible group. Section 202(k)(2)(A) of the Social Security Act requires that all must be entitled on each record where all are eligible. A child can be entitled individually only on a record where the others are not eligible. For example, Bob and Alice have four children. Both become disabled and file for disability benefits. All the children must be entitled on each record. They can not be split up. If one of the children is from Bob's prior marriage that child can be entitled on the prior wife's record but he still must be entitled on the two records with the other children.

4. Amount of combined family maximum

A combined family maximum equals the sum of the table or formula maximums on the records on which the child is simultaneously entitled, but not more than the maximum allowable limits established in the chart in the following section.

5. When to combine family maximums

A combined maximum must be considered whenever

• The simultaneously entitled child will receive a higher benefit based on the combined maximums, or

• The simultaneously entitled child's benefit will not change but another beneficiary will receive a higher benefit based on the combined maximums. RS 00615.768F.4. shows an example of when the combined maximum allows another beneficiary to receive a higher benefit even though the simultaneously entitled beneficiary's rate remains unchanged, or

• A higher total payment to the family will apply, even if the person causing the CFM receives a lower rate. For example, a disabled wage earner with three children and a PIA of 930.00 and a maximum of 1395.00 has three children. Each gets 155.00. One child is eligible on his deceased father’s record with a PIA of 810.70 and a maximum of 1418.80. If he files on that record his benefit would be 608.00 and the two remaining children would get 232.50 each for a total payable of 1,073.00. If we combine the maximums on the higher PIA each child can receive 465.00. The total payable to the three children would therefore be a 1,395.00.

6. Follows qualifying child

Combined family maximums must be combined on the record on which the simultaneously entitled child is paid.

7. Apportionment (rates)

Rates are figured as under a table maximum.

8. Rates paid on “Other” SSN

Disregard the simultaneously entitled child when determining rates for the other beneficiaries.

9. Disability maximums

A Disability maximum may be combined with any other maximum, even if the maximum is equal to the PIA.

10. Recombined maximums

When determining the highest possible CFM, recombined means one of two things.

• If a CFM is in effect, stops for at least one month and then becomes applicable again, the CFM is recombined.

• If a CFM is in effect and entitlement begins on another SSN which can be included in the CFM, the CFM is recombined to include the new maximum.

In both cases the highest maximum limit is based on the first month of the new recombined CFM.

Changes in the CFM because of PIA changes or the death of a numberholder do not cause recombining. In those cases the highest maximum limit is still determined by the initial combining of the maximums.

C. Policy - upper limits for combined family maximums

The law introduced a new method of determining the upper limit applicable when combining family maximums beginning 1/79.

Before 1/84 increases in the highest maximum each January were payable. After 12/83, if one or both of the PIAs are new law PIAs (established 1979 or later), the highest maximum is selected from the applicable chart for that year.

If both PIAs are Old Law (established before 1979) or Special Minimum PIAs (or one of each), use the limits in section one. If at least one of the PIAs is a New Law PIA or established 1979 or later, find and use the limits in the applicable section based on the year the maximums are combined or recombined. This is the first month of entitlement or re-entitlement, not the eligibility year.

1. Both PIAs are old law or special minimum PIAs

2. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1979-1983

3. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1984

4. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1985

5. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1986

6. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1987

7. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1988

8. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1989

9. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1990

10. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1991

11. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1992

12. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1993

13. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1994

14. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1995

15. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1996

16. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1997

17. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1998

18. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 1999

19. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2000

20. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2001

21. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2002

22. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2003

23. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2004

24. At least one of the PIA’s is a new law PIA and maximums are first combined or recombined in 2005

25. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2006

26. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2007

27. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2008

28. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2009

29. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2010

30. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2011

31. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2012

32. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2013

33. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2014

34. At least one of the PIAs is a new law PIA and maximums are first combined or recombined in 2015

35. At Least One of the PIAs is a New Law PIA and Maximums Are First Combined or Recombined in 2016

36. At Least One of the PIAs is a New Law PIA and Maximums are First Combined or Recombined in 2017

37. At Least One of the PIAs is a New Law PIA an Maximums Are First Combined or Recombined in 2018