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ed, 49 Stat. 623, as amended, 80 Stat. 67, as amended; section 5 of Reorganization Plan No. 1 of 1953, 67 Stat. 18, 631; 42 U.S.C. 405, 427, 1302, 402 and 428. Also, §§ 404.301404.305, §§ 404.313-404.365 issued under section 202, 64 Stat. 482, as amended, 42 U.S.C. 402; §§ 404.306-404.309 issued under section 223, 70 Stat. 815, as amended, 42 U.S.C. 423; §§ 404.310-404.312 issued under section 216 (1), 68 Stat. 1080, as amended, 42 U.S.C. 416 (1); §§ 404.366-404.373 issued under sec. 103; 42 U.S.C. 426a.

§ 404.301 Types of benefits payable; period of disability; general.

Title II of the Social Security Act provides, if certain conditions are met, for the payment of monthly benefits: to an insured individual retired because of disability or old age; to the wife, divorced wife, husband, and children of an individual entitled to disability or old-age insurance benefits; to the widow, surviving divorced wife, widower, children, and parents of a deceased insured individual. Title II of the Act also provides for the payment of a lump sum upon the death of an insured individual. There is also provision for the establishment, under certain conditions, of a period of disability for a disabled insured individual. Title II also provides for special payments, under certain conditions, for persons at age 72 who are not insured for benefits under the regular or transitional insured status requirements. The following sections of this subpart set out the conditions of eligibility for the various monthly benefits, for the lumpsum death payment, for a period of disability, and for a special payment at age 72, and also describe the events causing termination of entitlement to monthly benefits or a period of disability, and the effect of filing a waiver of benefits pursuant to section 1402 (h) of the Internal Revenue Code of 1954 and being granted a tax exemption thereunder. See also Subpart E for regulations relating to deductions from benefits and lump-sum death payments, suspension of benefit payments, and reduction and increase of benefit amounts; Subpart N of this part for circumstances under which benefits may be terminated where entitlement is based upon military service and the individual becomes entitled to another Federal benefit based in whole or in part on such military service; and Subpart O of this part for the effect of entitlement to an annuity or lump sum under the Railroad Retirement Act on

entitlement to a monthly benefit or a lump sum under title II of the Social Security Act.

[34 F.R. 12568, Aug. 1, 1969]

§ 404.302

Amount of benefit payments.

Ordinarily, a beneficiary is paid the monthly benefit or lump sum to which he is entitled in the amount indicated in the succeeding sections of this subpart. However, in some instances he may be paid more or less than such amount because of the provisions of Subparts E or F of this part. See those subparts for full explanation of the circumstances under which these changes occur. See Subpart E of this part also for conditions under which benefits will not be paid where the individual on whose earnings record benefits are claimed or based is deported, or where a claimant or beneficiary is an alien residing outside the United States or has been convicted of certain offenses. Also see § 404.377 of this subpart for reduction of special payments to persons at age 72 because of eligibility for governmental pension system benefits.

[34 F.R. 12568, Aug. 1, 1969]

§ 404.303 Old-age insurance benefits; conditions of entitlement.

An individual is entitled to an old-age insurance benefit if such individual:

(a) Is fully insured (as defined in §§ 404.108-404.113 or § 404.113a (a)); and (b) Has attained age 62; and

(c) Has filed an application (see Subpart G of this part relating to filing of applications) for old-age insurance benefits, or was entitled to a disability insurance benefit for the month before the month in which the individual attained age 65.

[34 F.R. 12568, Aug. 1, 1969]

§ 404.304 Old-age insurance benefits; duration of entitlement.

An individual is entitled to an old-age insurance benefit for each month beginning with the first month in which all of the conditions of entitlement described in § 404.303 are satisfied. The last month for which such individual is entitled to such benefit is the month before the month in which he dies. However, old-age insurance benefits may be terminated, under certain circumstances, before the death of the individual entitled to such benefits when entitlement to a Federal benefit based on military service is involved (see Subpart N of this

part) or when entitlement to benefits under the Railroad Retirement Act is involved (see Subpart O of this part). [29 F.R. 12286, Aug. 27, 1964]

§ 404.305

Old-age insurance benefits; rate of benefit.

The amount of the old-age insurance benefit to which an individual is entitled for any month is, except as provided in § 404.113a, equal to his primary insurance amount (see section 215(a) of the Act) for such month, subject to reduction under section 202(q) of the Act. [35 F.R. 14986, Sept. 26, 1970]

§ 404.306 Disability insurance benefits; conditions of entitlement.

(a) General. An individual is entitled to disability insurance benefits if such individual:

(1) Is insured for disability insurance benefits (see § 404.116) at the time specified in § 404.115 (b); and

(2) Has not attained age 65; and

(3) Has filed an application (see secs. 202(j) and 223(b) of the Act) for disability insurance benefits; and

(4) Is under a disability, as defined in section 223 (c) of the Act. Under the law in effect prior to the Social Security Amendments of 1965 (Public Law 89-97), the individual must have been under a disability at the time his application for disability insurance benefits was filed. However, in the case of applications filed after June 1965 and other applications described in § 404.312a, the disability does not have to exist at the time the application is filed, except that no benefits may be paid under this provision for months before September 1965 nor for any month more than 12 months before the month application is filed; and

(5) Has been under such a disability throughout the waiting period where such period is required (see § 404.308).

(b) Effect of prior entitlement to other benefits. With respect to benefits for months before September 1965 (or for months after August 1965 on the basis of application filed before July 1965) an individual is not entitled to disability insurance benefits if he was entitled to old-age, wife's, or husband's insurance benefits reduced under section 202(q) of the Act, or to widow's, widower's, or parent's insurance benefits, for any month before the first month for which

such individual would otherwise be entitled to disability insurance benefits. With respect to disability insurance benefits for months after August 1965, on the basis of applications filed after June 1965, prior entitlement to old-age, wife's, or husband's insurance benefits reduced under section 202(q) of the Act, or to widow's, widower's, or parent's insurance benefits, will not preclude entitlement to disability insurance benefits. For a special rule applicable to benefits for July 1962 through November 1964, see § 404.353 (b) (2) (ii). [33 F.R. 13, Jan. 3, 1968]

§ 404.307 Disability insurance benefits; duration of entitlement.

(a) General. An individual is entitled to a disability insurance benefit beginning with the first month in which all of the requirements of § 404.306 are met and ending with the earliest of the following:

(1) The month before the month in which such individual dies;

(2) The month before the month in which such individual attains age 65; or

(3) The second month following the month in which such individual's disability (as defined in sec. 223(c) of the Act) ceases (see § 404.1539).

(b) Effect of subsequent entitlement to old-age insurance benefits. Under the law in effect prior to the Social Security Amendments of 1965 (Public Law 89-97), an individual's entitlement to disability insurance benefits ended with the month before the first month for which he was entitled to an old-age insurance benefit (or, if earlier, with a month listed in par. (a) of this section). (For a special rule applicable to benefits for July 1962 through November 1964, see § 404.353(b) (2) (ii).) In the case of applications filed after June 1965 and other applications described in § 404.312a, entitlement to disability insurance benefits is not terminated by entitlement to old-age insurance benefits, except that disability insurance benefits are not payable by virtue of this change for months before September 1965.

[33 F.R. 13, Jan. 3, 1968]

§ 404.308 Disability insurance benefits; waiting period.

(a) "Waiting period” defined. A waiting period is the earliest period of six full consecutive calendar months throughout which the individual has

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