Understanding Child’s Benefits Entitlement: When It Begins and Ends, § 404.352

Child’s benefits are an essential part of social security, providing financial assistance to eligible children of insured individuals.

Understanding when the entitlement to these benefits begins and ends is crucial for families seeking support. This blog post aims to explain the key aspects of entitlement to child’s benefits, from the start of entitlement to its termination under various circumstances.

When Entitlement to Child’s Benefits Begins:

Entitlement to child’s benefits generally starts at the following times:

  1. If the insured is deceased, it begins with the first month covered by your application in which you meet all other requirements for entitlement.
  2. If the insured is living and your first month of entitlement is September 1981 or later, it begins with the first month covered by your application throughout which you meet all other requirements for entitlement.
  3. If the insured is living and your first month of entitlement is before September 1981, it begins with the first month covered by your application in which you meet all other requirements for entitlement.

When Entitlement to Child’s Benefits Ends:

Entitlement to child’s benefits can end under various circumstances, including:

  1. The month before you turn 18 years old if you are not disabled or a full-time student.
  2. The second month following the month your disability ends if you are disabled and turn 18 years old.
  3. The last month you are a full-time student or the month before you turn 19 years old, depending on specific conditions.
  4. The month before you get married, with some exceptions for disabled individuals marrying certain beneficiaries.
  5. The month before the insured’s entitlement to old-age or disability benefits ends for reasons other than death or attainment of full retirement age, with some exceptions.
  6. The month before the month you die.
  7. The month in which your parent’s divorce from the insured stepparent becomes final if you are entitled to benefits as a stepchild.

Additional Conditions for Disabled Children:

For disabled children aged 18 or older with drug addiction or alcoholism contributing to their disability, entitlement to benefits may end under specific conditions, such as failure to comply with treatment or receiving benefits for 36 months.

Continuation of Benefits after Disability Ends:

In some cases, benefits may continue after your impairment is no longer disabling if you participate in an appropriate program of vocational rehabilitation services, employment services, or other support services.

Example: Jane’s Entitlement to Child’s Benefits

Jane is a 16-year-old girl whose father, John, is deceased. John was insured under Social Security, making Jane eligible for child’s benefits.

To begin receiving these benefits, Jane’s mother submits an application on her behalf. Jane meets all other requirements for entitlement, so her entitlement to child’s benefits starts from the first month covered by the application.

As Jane is not disabled and currently a full-time high school student, her entitlement to child’s benefits will end the month before she turns 18 years old, unless she becomes disabled or continues her education as a full-time student.

Suppose Jane remains a full-time student after turning 18. In that case, her entitlement to child’s benefits will continue until the last month she is a full-time student or the month before she turns 19 years old, whichever comes first.

Conclusion: Understanding when entitlement to child’s benefits begins and ends is crucial for families seeking financial support. By being aware of the various circumstances that can affect entitlement, families can better navigate the process and ensure they receive the benefits they need.

https://www.ssa.gov/OP_Home/cfr20/404/404-0352.htm

At Hugo Fierro & Michael Perez, we have the necessary expertise to aid you in understanding the complexities of your Social Security disability claim.

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