Special Circumstances Affecting Social Security Benefit Entitlements, § 404.305

While there are general rules that govern Social Security benefit amounts, certain special circumstances may render you ineligible for benefits.

This blog post outlines these specific situations, as described in § 404.305, to help you better understand your entitlement to Social Security benefits.

Special Circumstances Affecting Benefit Entitlements:

1. Waiver of benefits for religious reasons: If you have waived your Social Security benefits and have been granted a tax exemption on religious grounds, as detailed in §§ 404.1039 and 404.1075, you and others will not be eligible to receive any benefits or payments based on your earnings record. Additionally, you will not be entitled to benefits on anyone else’s earnings record.
2. Person’s death caused by an intentional act: If you have been convicted of a felony or an act in the nature of a felony that intentionally caused a person’s death, you are not eligible to receive any survivor’s benefits or payments based on the deceased person’s earnings record. This also applies to any underpayment due to the deceased person. A similar rule applies if you were subject to the juvenile justice system and found by a court of competent jurisdiction to have intentionally caused the person’s death through an act considered a felony or an act in the nature of a felony if committed by an adult.

Example: John, a 45-year-old, has been a member of a religious group that opposes the acceptance of Social Security benefits. Due to his strong religious beliefs, John decides to waive his Social Security benefits and applies for a tax exemption on religious grounds. His application is approved, and he is granted the tax exemption as outlined in §§ 404.1039 and 404.1075.

As a result of John’s waiver of benefits, he becomes ineligible to receive any Social Security benefits or payments based on his earnings record. Furthermore, no one, including his spouse or children, can become entitled to any benefits or payments on John’s earnings record. Additionally, John will not be entitled to benefits on anyone else’s earnings record, such as his spouse or parents.

In a different scenario, Sarah is convicted of a felony for intentionally causing her husband’s death. Due to her conviction, Sarah becomes ineligible to receive any survivor’s benefits or payments on her deceased husband’s earnings record. She is also barred from receiving any underpayment that might have been due to her husband.

Conclusion: Understanding the special circumstances that may impact your entitlement to Social Security benefits is crucial for navigating the complex world of benefits. By familiarizing yourself with the situations outlined in § 404.305, you can better comprehend how specific actions and decisions might affect your eligibility for benefits.

https://www.ssa.gov/OP_Home/cfr20/404/404-0305.htm