Understanding Dependency of Natural Children for Social Security Benefits, § 404.361

The Social Security Administration (SSA) provides benefits to children who are dependent on an insured parent.

In this blog post, we will explore the concept of dependency for natural children, as outlined in § 404.361. We will discuss the criteria for dependency and the impact of legal adoption on a child’s dependency status.

1. Dependency of natural child:

A natural child, as defined in § 404.355, is considered dependent on their insured parent by default. However, there are exceptions to this rule as described in the following section.

2. Dependency of natural child legally adopted by someone other than the insured:

Legal adoption by a person other than the insured parent can affect a natural child’s dependency status. The following scenarios will help clarify when a child is still considered dependent on their natural parent:

a) If a child is legally adopted by someone other than the insured parent during the insured’s lifetime, the child is considered dependent on the insured parent only if:

i) The insured parent was living with the child or contributing to their support when the child applied for benefits;

ii) The insured parent was living with the child or contributing to their support when the insured parent died;

iii) The insured parent had a period of disability that lasted until they became entitled to disability or old-age benefits, or died. In this case, the insured parent must have been living with the child or contributing to their support at the beginning of the period of disability or when they became entitled to benefits.

b) A child is considered dependent on their natural parent if:

i) The child was adopted by someone other than the insured parent after applying for child’s benefits;

ii) The insured parent had a period of disability that lasted until they became entitled to old-age or disability benefits or died, and the child was adopted by someone other than the insured parent after the beginning of that period of disability.

Example:

John is an insured parent with a natural child named Sarah. John has been contributing to Sarah’s support since her birth. When Sarah is 10 years old, John goes through a period of disability that lasts until he becomes entitled to disability benefits.

During John’s period of disability, Sarah’s mother remarries, and her new husband, Mark, legally adopts Sarah. However, John continues to contribute to Sarah’s support even after the adoption.

In this scenario, Sarah is still considered dependent on her natural father, John, despite being legally adopted by Mark. This is because John was contributing to Sarah’s support during his period of disability, and the adoption took place after the beginning of that period of disability. As a result, Sarah remains eligible for child’s benefits based on John’s Social Security record.

Conclusion: Understanding the dependency criteria for natural children is crucial when determining eligibility for Social Security benefits. In general, a natural child is considered dependent on their insured parent. However, legal adoption by someone other than the insured parent can affect this dependency status. It is essential to be aware of the specific circumstances outlined in § 404.361 to determine a child’s dependency accurately.

https://www.ssa.gov/OP_Home/cfr20/404/404-0361.htm