Citations:

SOCIAL SECURITY ACT, SECTION 202 (D)(7); CFR 404.350, 404.351, 404.352, 404.367 AND 404.368

TN 14 (03-01)

A. Policy

An individual is a student and is eligible for student benefits if he/she:

• Meets the requirements for child's benefits (RS 00203.001);

• Attained age 18;

• Is in full-time attendance (FTA) (RS 00205.300);

• Is attending an educational institution (EI) that provides elementary or secondary level courses (courses at grade 12 or below) (RS 00205.200); and

• Has not attained age 19, or has attained age 19 in a month he/she is in FTA and meets the conditions in RS 00205.325 for benefits beyond that month.

NOTE: If the student graduated (i.e., received a diploma) but is continuing to take elementary or secondary level courses (RS 00205.200), benefits may continue as long as he/she is in FTA. Graduation does not become an issue for entitlement purposes until the student reaches age 19 (see RS 00205.325).

B. Procedure

To determine if an individual is eligible as a student, establish that:

1. The requirements for child's benefits are met (RS 00203.001);

2. The child attained age 18 or will attain that age within 6 months of processing the application (see GN 00302.400 for determining age attainment);

3. The student is in FTA (RS 00205.300);

4. The school is an EI (RS 00205.200 and RS 00205.250);

5. The student is not being paid by an employer who has requested or required that he/she attend school (see RS 00205.125); and

6. The student is not a prisoner (RS 00205.130).