Are you a parent wondering about the beginning and end dates of mother’s or father’s benefits? § 404.341

Look no further than section 404.341 of the Social Security Administration’s regulations.

According to the regulation, you are entitled to mother’s or father’s benefits beginning with the first month covered by your application in which you meet all the other requirements for entitlement. This means that as long as you meet the eligibility criteria, you can start receiving benefits as soon as the month after you apply.

However, your entitlement to benefits will end with the month before the month in which one of the following events first occurs:

  1. You become entitled to a widow’s or widower’s benefit or to an old-age benefit that is equal to or larger than the full mother’s or father’s benefit.
  2. There is no longer a child of the insured who is under age 16 or disabled and entitled to a child’s benefit on the insured’s earnings record. If you no longer have a child under age 16 or disabled and entitled to child’s benefits on your record, your benefits may be subject to deductions as provided in § 404.421.
  3. You remarry. However, if you marry someone who is also entitled to Social Security benefits, your benefits will not end.
  4. You pass away.

If you were entitled to spouse’s benefits on the basis of having a child in care or to mother’s or father’s benefits for August 1981, your entitlement will continue until September 1983, until the child reaches 18 (unless disabled) or is otherwise no longer entitled to child’s benefits, or until one of the events described in paragraph (b) (1), (3), or (4) of this section occurs, whichever is earliest.

Example:

Let’s say that John is a father who is eligible for father’s benefits from the Social Security Administration. He applies for benefits in May 2023 and meets all the other eligibility criteria. John will start receiving father’s benefits starting from June 2023.

However, John’s entitlement to benefits will end with the month before the month in which one of the following events first occurs:

  1. If John becomes entitled to an old-age benefit that is equal to or larger than the full father’s benefit or a widow’s or widower’s benefit, his father’s benefits will stop.
  2. If John’s child turns 16 years old and is no longer disabled or entitled to child’s benefits on John’s earnings record, his father’s benefits may be subject to deductions as provided in § 404.421.
  3. If John decides to remarry someone who is not entitled to Social Security benefits, his father’s benefits will stop. However, if John marries someone who is also entitled to Social Security benefits, his father’s benefits will not end.
  4. If John passes away, his father’s benefits will stop.

It’s important to keep in mind that if John was entitled to father’s benefits for August 1981, his entitlement will continue until September 1983, until his child reaches 18 (unless disabled) or is otherwise no longer entitled to child’s benefits, or until one of the events described above occurs, whichever is earliest.

Understanding the beginning and end dates of mother’s or father’s benefits is crucial for parents who rely on these benefits to support their families. Keep this regulation in mind as you plan for your financial future.

https://www.ssa.gov/OP_Home/cfr20/404/404-0341.htm

At Hugo Fierro & Michael Perez, we possess the necessary expertise to provide comprehensive guidance regarding your social security disability claim. Our team is equipped to assist you in gaining a thorough understanding of the intricate process, enabling you to make informed decisions pertaining to your claim.

Leave a Comment

Your email address will not be published. Required fields are marked *