attainment of age 60 in the case of widow's benefits; attain ment of age 62 in the case of parent's benefits. A "surviving divorced mother" (that is, a woman whose marriage to the deceased insured person was terminated by divorce), in addition to meeting the above requirements, must also have been receiving at least one-half her support from the deceased worker, or have been receiving substantial contributions from him pursuant to a written agreement, or there must have been a court order in effect for substantial contributions to her support from him, at the time specified in § 430. The child in the care of the surviving divorced mother must be her natural or legally adopted son or daughter. Further, the child's benefits must be payable on the deceased worker's social security earnings record. 424. THE REMARRIAGE OF A WIDOW OR SURVIVING DIVORCED MOTHER will prevent her from becoming entitled to mother's benefits on her prior deceased husband's social security record except where her subsequent marriage ends, whether by death, divorce, or annulment. If the subsequent marriage ends, she may become entitled or reentitled to mother's benefits on her prior deceased husband's (or former husband's) earnings record beginning with the month the subsequent marriage ends, or with September 1965, whichever is later. If the remarriage was absolutely void or has been annulled from the beginning, see § 1852. 425. THE MOTHER'S INSURANCE BENEFIT RATE is equal to threefourths of the deceased worker's primary insurance amount. The actual benefit amount payable may be less if: A. The "family maximum" is involved (see §§ 733-735), in which case all benefits payable on that earnings account are decreased; or B. The mother is also entitled to a smaller retirement or disability insurance benefit. In this case, an amount equal to the difference between the mother's benefit rate and the other benefit rate is payable as the mother's benefit and is paid in addition to the other benefit. For the effect of simultaneous entitlement to other social security benefits, see §§ 736–741. 426. MOTHER'S INSURANCE BENEFITS MAY NOT BE PAYABLE FOR SOME MONTHS IF: A. She works and earns over $1,500 a year ($1,200 for years before 1966); or B. She is an alien living outside the U.S. for 6 months or more; or C. The deceased worker had been deported and she is an alien living outside the U.S.; or D. The widow does not have in her care a child of the deceased worker under age 18 or disabled who is entitled to benefits on any social security record; or, in the case of the surviving divorced mother, she does not have in her care her natural or legally adopted child, under age 18 or disabled, entitled to benefits on the deceased worker's record; or E. She is married to an individual entitled to retirement benefits and his benefit is not payable because of his work activity; or F. She is married to an individual entitled to disability insurance benefits and his benefit is not payable because of his refusal to accept vocational rehabilitation. The provisions regarding nonpayment of benefits are discussed in chapter 18. 427. MOTHER'S BENEFITS END WHEN: A. She becomes entitled to a widow's insurance benefit; or B. In the case of a widow, the deceased worker's child has attained age 18 (unless he was disabled before he attained 18); or C. In the case of the surviving divorced mother, her child, entitled on the earnings record of her deceased former husband, attains age 18 (unless the child was disabled before age 18); or D. She dies; or E. She becomes entitled to retirement insurance benefits in an amount equal to or greater than the amount of the mother's benefits after any increase to the minimum (see § 722); or F. She marries; however, if she marries a man entitled to retirement, disability, widower's, parent's, or childhood disability benefits, see § 1851. If the subsequent marriage ends, she may be reentitled. (See § 424.) G. In the case of a widow who qualified for benefits only under the provisions explained in § 402 (B), monthly benefits are awarded on the same earnings record to another individual who is validly married to the worker or who has the same status under State law with respect to the taking of intestate personal property as would the widow. The widow (or surviving divorced mother) is not entitled to mother's benefits for the month in which the terminating event Occurs. 428. A PARENT OF A DECEASED INSURED PERSON IS ENTITLED TO PARENT'S INSURANCE BENEFITS IF: A. The insured person was fully insured at the time of death (applicable only to deaths after 3/31/38); and B. The parent files an application for parent's benefits; and D. The parent is not entitled to a retirement insurance benefit that is equal to or larger than the amount of the parent's insurance benefit, after any increase to the minimum (see § 722); and E. The parent was receiving at least one-half support from the insured person (see §§ 325-327); and F. Evidence that the support requirement was met has been filed with the Social Security Administration within the appropriate time limit (see § 431); and G. The parent has not remarried since the insured person's death (but see § 434(C) for exceptions); and H. One of the following conditions is met: 1. The parent would be eligible under the law of the State of the worker's domicile to share in the intestate personal property of the worker as his father or mother, as the case may be; or 2. The parent had legally adopted the insured person before he attained age 16; or 3. The person claiming benefits became the deceased's stepparent by a marriage entered into before the deceased had attained age 16. 429. A CLAIMANT IS THE PARENT OF THE INSURED PERSON IF, under applicable law, it would be found that, at the time the insured person died, the claimant would have the status of parent with respect to the taking of intestate personal property. Applicable law is that law which would be applied by the courts of: A. The State in which the insured person was domiciled at the time he died; or B. The District of Columbia if he was not then domiciled in any State. 430. THE SUPPORT REQUIREMENT MUST be met at: A. The time that the insured person died; or B. The beginning of a period of disability that was established for the deceased if it continued up until the month in which he died. 431. EVIDENCE OF SUPPORT MUST BE FILED WITHIN THE 2-YEAR PERIOD: A. After the date of the death of the insured person, if the support requirement was met at the time of death; or B. After the month in which the insured person had filed application to establish a period of disability if the support requirement was met at the time the disability began. Evidence of support must be filed within the appropriate period even though the parent may not be eligible for benefits at that time (e.g., has not reached retirement age). The time limit may be extended for good cause, see §§ 1521-1522. 432. THE PARENT'S INSURANCE BENEFIT RATE where only one parent is entitled to benefits is equal to 8211⁄2 percent of the deceased worker's primary insurance amount. Where two parents are entitled to parent's benefits on the same earnings record, each parent receives 75 percent of the deceased worker's primary insurance amount. However, the benefit actually payable to the parent may be less when: A. The "family maximum" is involved (see §§ 733-735) in which case all benefits payable on this earnings record may be proportionately reduced; or B. The parent is entitled to a retirement or disability insurance benefit which is less than the parent's benefit (in this case, only the difference between the amount of the parent's benefit and the other benefit is payable as the parent's benefit). For the effect of simultaneous entitlement to other social security benefits, see §§ 736-741. 433. PARENT'S INSURANCE BENEFITS MAY NOT BE PAYABLE OR MAY BE PAID ONLY IN PART IF: A. The parent works and earns over $1,500 a year ($1,200 for years before 1966); or B. The parent is an alien living outside the U.S. for 6 months or more; or C. The worker had been deported and the parent is an alien living outside the U.S. The provisions regarding nonpayment of benefits are explained in chapter 18. 434. PARENT'S INSURANCE BENEFITS END when the parent: A. Dies; or B. Becomes entitled to a retirement insurance benefit that is equal to or larger than the amount of the parent's insurance benefit, after any increase to the minimum (see § 722); or C. Marries; however, if marriage is to a person entitled to social security benefits as a divorced wife, a widow or surviving divorced wife, a widower, mother, parent, or a disabled child age 18 or over, see § 1851. If the remarriage was absolutely void or has been annulled from the beginning, see § 1852. Parent's insurance benefits cannot be paid for the month in which the event occurs ending the parent's right to benefits. 435. A LUMP-SUM DEATH PAYMENT may be made on the social security record of a worker who dies either fully or currently insured. The lump-sum payment may be as much as three times the worker's primary insurance amount, but in no case can it be more than $255. The lump sum may be paid in addition to any monthly survivor's insurance benefits that are due. 436. A LUMP-SUM DEATH PAYMENT CANNOT BE MADE on the social security record of a deceased worker regardless of his insured status, if: A. The worker had been deported after 9/1/54, and, at his death, had not as yet been lawfully readmitted to the U.S. (see § 1840 for a discussion of this provision); or B. The worker could not have been paid a monthly benefit for the month before the month in which he died because at that time he was an alien living outside the U.S. for 6 months or more (see § 1844 for a discussion of this provision). 437. APPLICATION FOR THE LUMP-SUM DEATH PAYMENT MUST BE FILED WITHIN THE 2-YEAR PERIOD ending with the second anniversary of the insured person's death. The filing period may, however, be extended under certain conditions as explained in §§ 1518-1521. |