Child’s benefits can be a crucial form of financial assistance for many families.
To be eligible, one must be a full-time elementary or secondary school student. This blog post will explain the criteria that must be met in order to qualify as a full-time student under § 404.367.
Criteria for Full-Time Elementary or Secondary School Students:
To be considered a full-time elementary or secondary school student, you must fulfill the following conditions:
- Attend a school providing elementary or secondary education as per the laws of the state or jurisdiction it is located in. This also includes participation in: a. Home school programs following state or jurisdiction laws. b. Independent study programs administered by the local school or school district/jurisdiction.
- Be enrolled in a day or evening noncorrespondence course of at least 13 weeks in duration, carrying a subject load considered full-time under the institution’s standards. For home-schooled students, the subject load must be considered full-time according to the state or jurisdiction’s standards.
- Attend school for at least 20 hours per week, with some exceptions. If you are in an independent study program, your total hours of attendance should include both in-school and independent study hours. Exceptions to the 20-hour rule include: a. Attending a school that does not schedule at least 20 hours per week, and no other reasonable alternatives are available. b. Having a medical condition that prevents you from attending school for 20 hours per week. In such cases, appropriate medical evidence or a statement from the school may be required.
- Not receive payment from an employer to attend school.
- Be in grade 12 or below.
- Not be subject to the provisions in § 404.468 for nonpayment of benefits to certain prisoners and certain other inmates of publicly funded institutions.
Example: Jane’s Eligibility for Child’s Benefits as a Full-Time Student
Jane is a 16-year-old high school student living in California. She is currently enrolled in a public school and is in the 11th grade. Her parents want to know if she is eligible for child’s benefits. Let’s examine her situation based on the criteria for full-time elementary or secondary school students:
- Jane attends a public high school, which is recognized as providing secondary education under California law. She meets this criterion.
- She is enrolled in a day program that runs for the entire school year, much longer than the minimum required duration of 13 weeks. Her subject load, including math, English, history, and science, is considered full-time by her school’s standards. Jane meets this criterion as well.
- Jane’s class schedule consists of 25 hours of in-school attendance per week, which is more than the minimum requirement of 20 hours per week. No exceptions are necessary in her case, so she meets this criterion.
- Jane is not receiving payment from an employer to attend school, so she meets this criterion as well.
- As an 11th-grade student, Jane is below the maximum grade level of 12, meeting this criterion.
- Jane is not subject to any provisions that would disqualify her from receiving child’s benefits, such as being a prisoner or inmate of a publicly funded institution. She meets this criterion.
Based on her situation, Jane meets all the criteria for being a full-time elementary or secondary school student and is eligible for child’s benefits.
Conclusion: Understanding the criteria for full-time elementary or secondary school student status is essential for families seeking child’s benefits. Ensure that you meet all the conditions mentioned above to be eligible for these benefits.
https://www.ssa.gov/OP_Home/cfr20/404/404-0367.htm
At Hugo Fierro & Michael Perez, we have the expertise to help you understand the intricacies of your Social Security disability claim