(1) He was under a disability as defined in section 216(1) of the Act; and (2) He was insured for establishment of a period of disability (see 8 404.116) at the time specified in § 404.115(a); and (3) He has filed an application to establish a period of disability within the time period specified in paragraph (b) or (c) of this section; and

(4) Except as provided in paragraph (d) of this section.

(1) Not less than 6 full consecutive calendar months have elapsed from the date on which a period of disability could begin (as determine under § 404.311) for such individual and before the date on which such period of disability could end (as determined under § 404.311a); or

(11) Not less than 5 full consecutive calendar months have elapsed from the date on which a period of disability could begin (as determined under § 404.311) for such individual and before the date on which such period of disability could end (as determined under § 404.311a), provided an application is filed:

(a) After September 1972; or (b) Before October 1972, and (1) Notice of the final decision of the Secretary was not given to the applicant before October 1972; or

(2) Notice of the final decision of the Secretary was given to the applicant before October 1972 but a civil action with respect to such final decision is commenced under section 205(g) of the Act (whether before, in, or after October 1972) and the decision in such civil action did not become final before October 1972.

For purposes of this paragraph (a)(4) where the beginning date of the period of disability is the first day of a month and the disability continues through the last day of the month, such month is considered a full calendar month.

(b) Time limit for filing application to establish a period of disability—(1) General. An application to establish a period of disability filed after June 1965 or other application described in § 404.312a is effective for such purpose if filed while the individual is under such disability or no later than 12 months after the month in which the period of disability would end (see 8 404.311a). Certain applications filed more than 12 months after the month the period of disability

would end may be effective to establish a period of disability under the provisions of paragraph (c) of this section.

(2) Applications filed before July 1965. An application to establish a period of disability filed before July 1965, excluding applications described in § 404.312a (a) (2), is effective for such purpose only if filed while the individual is under such disability.

(c) Certain applications filled more than 12 months after the month the period of disability would end-(1) General. An application to establish a period of disability filed more than 12 months after the month a period of disability would end may be effective to establish a period of disability only under the conditions described in subparagraphs (2) and (3) of this paragraph.

(2) Period of disability ending after January 1968. An application filed more than 12 months after the month in which a period of disability would end shall be effective to establish a period of disability if:

(1) The disability ended after January 1968; and

(11) The application is filed not more than 36 months after the month in which the disability ended; and

(1) The individual is alive at the time the application is filed; and

(iv) The individual's failure to file an application within the period specified in paragraph (b) of this section was due to his physical or mental condition as described in subparagraph (4) of this paragraph which rendered him incapable of executing such an application.

(3) Period of disability ending before February 1968 An application filed more than 12 months after the month in which a period of disability would end shall be effective to establish a period of disability if:

(1) The application is filed before February 1969; and

(1) A previous application for a period of disability or disability insurance benefits has been filed before February 1968 and not more than 36 months after the month in which the individual's disability ended; and

(iii) The individual's failure to file an application within the time period specified in paragraph (b) of this section was due to a physical or mental condition as described in subparagraph (4) of this paragraph which rendered him incapable of executing such an application.

(4) Failure to file due to a physical or mental condition. An individual's failure to file an application for a period of disability within the time period for filing specified in paragraph (b) of this section will be deemed to be due to a physical or mental condition, if during such specified period:

(1) His physical condition restricted his activities to such an extent as to render him incapable of executing an application; or

(11) He was mentally incompetent.

(5) Effective date. No monthly insurance benefits are payable or may be Increased for any month before Januery 1968 by reason of the provisions of this paragraph.

(d) Period of disability of less than 6 months. A period of disability beginning after August 1960 may be less than 6 months if the individual was entitled to disability insurance benefits for 1 or more months in such period.

(e) Effect of prior entitlement to other title II benefits. With respect to benefits for months before September 1965, or for months after August 1965 on the basis of applications filed before July 1965, a period of disability could not begin for an individual if for any month before the month in which the period of disability could otherwise begin such individual 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.

[35 FR 14128, Sept. 5, 1970, as amended at 39 FR 21047, June 18, 1974]

§ 404.311 Period of disability; beginning date.

(a) General. Except as provided in paragraphs (b) and (c) of this section, an individual's period of disability begins:

(1) On the day such disability began provided he had disability insured status (see § 404.116) on such day; or

(2) If he did not have disability insured status on such day, on the first day of the first quarter thereafter in which he has disability insured status.

(b) Application filed after June 1962 and before December 1964. An individual's period of disability based upon ar application filed after June 1962 and before December 1964 could not begin earlier than 18 months before the day application was filled unless such individual:

(1) Was under a disability (as defined in sec. 216(1) of the Act, as in effect prior to the Social Security Amendments of 1965 (Pub. Law 89-97)) continuously throughout the period beginning with the date such application was filed and up to whichever of the following first occurred:

(1) December 1, 1964, or

(ii) The first day of the month in which he attained age 65, and

(2) Was alive on the date specified in subparagraph (1)(i) of this paragraph.

(c) Individual attained age 65. No period of disability may begin after the individual attains age 65.

[33 FR 14, Jan. 3, 1968]

§ 404.311a Period of disability; ending date.

A period of disability established for an individual terminates with the earlier of the following dates:

(a) The last day of the month preceding the month in which such individual attains age 65; or

(b) The last day of the second month following the month in which such individual's disability (as defined in sec. 216(1) of the Act) ceases.

[33 F.R. 14, Jan. 3, 1968]

§ 404.312 Period of disability; when disregarded.

None of the provisions relating to periods of disability shall be applicable, and all of the periods of disability established for an individual shall be disregarded, in any case where the application of such provisions:

(a) Would result in the denial of a claim for monthly benefits or the lumpsum death payment, and such monthly benefits or lump sum would be payable if no period of disability had been established for the individual upon whose earnings such monthly benefit or lump sum is claimed; or

(b) Would result in the payment of a monthly benefit or lump-sum death payment in an amount smaller than would otherwise be payable if no period of disability had been established for the individual upon whose earnings such benefit or lump sum is based.

[29 F.R. 12287, Aug. 27, 1964]

§ 404.312a Applicability of section 303 of the Social Security Amendments of 1965 (Pub. L. 89–97).

(a) The amendments to the Act reflected in §§ 404.306 (a) (4), 404.307(b), 404.308(b), 404.310(b), and 404.353 (c)

(1), and the amendments reflected in sections 216(1) (2) and 223(b) of the Act apply with respect to:

(1) Applications filed after June 1965 for disability insurance benefits or to establish a period of disability, or

(2) Applications filed before July 1965 for disability insurance benefits or a period of disability, if the applicant is alive 'n such month and:

(i) Notice of the final decision of the Secretary was not given to the applicant before July 1965; or

(ii) Notice of the final decision of the Secretary was given before July 1965 but a civil action with respect to such final decision is commenced under section 205 (g) of the Act (whether before, in, or after such month) and the decision in such civil action did not become final before such month.

(b) The amendments to the Act referred to in paragraph (a) of this section also apply in the case of applications for monthly insurance benefits under Title II of the Act based on the wages and self-employment income of the individual with respect to whose application for disability insurance benefits paragraph (a) of this section applies. [33 F.R. 14, Jan. 3, 1968]

§ 404.313 Wife's insurance benefits; conditions of entitlement.

(a) Conditions of entitlement after August 1965. The wife (as defined in 404.1103) and every divorced wife (as defined in § 404.1105 (a)) of an individual entitled to old-age or disability insurance benefits is entitled to wife's insurance benefits if she

(1) Has filed application for wife's insurance benefits (see Subpart G of this part); and

(2) Has attained age 62 or (in the case of a wife) has in her care (see §§ 404.342404.349) individually or jointly with such individual at the time of filing such application a child, other than a child specified in paragraph (c) of this section, entitled to a child's insurance benefit on the basis of the earnings record of such individual; and

(3) In the case of a divorced wife:
(i) Is not married; and

(ii) With respect to entitlement to benefits for months prior to January 1973, at the time specified in paragraph (b) of this section, was receiving at least one-half of her support from such individual (see § 404.350), or was receiving substantial contributions from such in

dividual pursuant to a written agreement (see § 404.351(a)), or there was in effect a court order for substantial contributions (see § 404.351(c)) to her support from such individual; and

(4) Is not entitled to old-age or disability insurance benefits based on a primary insurance amount which equals or exceeds one-half of the primary insurance amount of such individual.

(b) Time when divorced wife must meet the requirement for support, contributions, or court order. If the individual on whose account benefits are being claimed had a period of disability which did not end before the month in which he became entitled to old-age or disability insurance benefits, the requirement specified in paragraph (a) (3) (il) of this section must be met

(1) At the beginning of such period of disability, or

(2) At the time he became entitled to disability insurance benefits, or

(3) At the time he became entitled to old-age insurance benefits.

If the individual did not have such a period of disability, the requirement specified in paragraph (a)(3)(ii) must be met at the time he became entitled to old-age insurance benefits.

(c) Child over 18 not disabled. For the purposes of paragraph (a) (2) of this section and § 404.314 (a) (5), a child age 18 or over who is entitled to child's insurance benefits for any month but is not under a disability (as defined in section 223 (d) of the Act, and which, for months before January 1973, began before he attained age 18) is deemed not entitled to child's insurance benefits for such month, urless he was under such a disability in the third month before such month.

(d) Conditions of entitlement before September 1965. A woman is entitled to wife's insurance benefits if she:

(1) Is the wife (as

defined in

§ 404.1103) of a man who is entitled to either old-age or disability insurance benefits; and

(2) Has filed an application (see Subpart G of this part) for wife's insurance benefits; and

(3) Has attained age 62 or, if she has not attained age 62 at the time of her application, has in her care (see §§ 404.342-404.349), individually or jointly with her husband, a child entitled to a child's insurance benefit (see § 404.320) based upon her husband's earnings record; and

(4) Is not entitled to old-age or disability insurance benefits based on a primary insurance amount which equals or exceeds one-half of the primary insurance amount of her husband.

(e) Applicability of the provisions of this section. The provisions of paragraphs (a) and (b) of this section apply in determining entitlement to wife's inurance benefits for any month after August 1965 but, in the case of an individual who did not meet the requirements specified in paragraph (d) of this section, only on the basis of an application filed after June 1965. The provisions of paragraph (d) of this section apply in determining entitlement to wife's insurance benefits for months prior to September 1965.

[34 FR 12568, Aug. 1, 1969, as amended at 40 FR 31775, July 29, 1975; 41 FR 13334, Mar. 30, 1976]

§ 404.314

Wife's insurance benefits; duration of entitlement.

(a) Duration of entitlement after August 1965. A wife or a divorced wife of an individual entitled to old-age or disability insurance benefits is entitled to a wife's insurance benefit for each month beginning with the first month in which all of the applicable conditions of entitlement described in § 404.313(a) are satisfied. The last month for which she is entitled to such benefit is the month before the first month in which any of the following events occur:

(1) She dies;

(2) Such individual dies;

(3) In the case of a wife, her marriage was terminated by a final divorce and either:

(i) She has not attained age 62, or

(li) She has attained age 62 but has not been married to such individual for a period of 20 years (as defined in § 404.1105(a)) immediately before the date the divorce became effective;

(4) In the case of a divorced wife, she marries a person other than such individual, except as otherwise provided in paragraph (b) of this section:

(5) In the case of a wife who has not attained age 62, no child of such individual is entitled to a child's insurance benefit (see § 404.313 (c));

(6) She becomes entitled to an old-age or disability insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of the primary insurance amount of such individual; or

(7) Such individual is not entitled to old-age or disability insurance benefits;

(8) In the case of a woman entitled to wife's insurance benefits based on a purported marriage (see § 404.1101 (c) (2)) to the individual upon whose earnings record such benefit is based:

(1) She enters into a valid marriage with someone other than such individual;

or

(li) Another woman is certified for entitlement to wife's insurance benefits based on such individual's earnings record and such other woman is the wife (or is deemed to be the wife) of such individual under the provisions of section 216(h) (1) (A) of the Act.

(b) Remarriage of a divorced wife. If a divorced wife entitled to a wife's insurance benefit marries an individual entitled to widower's, father's (for months after February 1975) or parent's insurance benefits, such divorced wife's entitlement to wife's insurance benefits is not terminated by reason of such marriage. If a divorced wife who is entitled to wife's insurance benefits marries an individual who has attained the age of 18 and is entitled to child's insurance benefits, and was under a disability (as defined in section 223 (d) of the Act, and which, for months before January 1973 began before such child attained the age of 18) or had been under such a disability in the third month before the month in which such marriage occurred, such divorced wife's entitlement to wife's insurance benefits is not terminated by reason of such marriage; except that her entitlement to such benefits will end with the last month for which such individual is entitled to child's insurance benefits, provided his entitlement ends for a reason other than death.

(c) Duration of entitlement before September 1965. A woman is entitled to a wife's insurance benefit for each month beginning with the first month in which all of the applicable conditions in § 404.313(d) are satisfied. The last month for which she is entitled to such benefit is the month before the first month in which any of the events specified in paragraph (a) of this section occurs or her marriage is terminated.

(d) Applicability of provisions of this section. The provisions of paragraphs (a) and (b) of this section apply with respect to the duration of wife's insurance benefits for months after August 1965. The provisions of paragraph (c) of this section apply with respect to the

duration of wife's insurance benefits for months prior to September 1965. [34 FR 12569, Aug. 1, 1969, as amended at 41 FR 13334, Mar. 30, 1976]

§ 404.315

Wife's insurance benefits; rate of benefit.

The amount of a wife's insurance benefit for any month is equal to onehalf of the husband's (or former husband's) primary insurance amount except as provided in § 404.113a (b). (For months after January 1968 and before January 1970, a wife's insurance benefit for any such month is equal to one-half of the husband's (or former husband's) primary insurance amount or $105, whichever is the smaller amount.) However, such wife's insurance benefit may be reduced by a specified percentage, as provided in section 202(q) of the Act. [35 FR. 14986, Sept. 26, 1970]

§ 404.316 Husband's insurance benefits; conditions of entitlement.

(a) Conditions of entitlement after January 1968. A husband (as defined in § 404.1106) of an individual entitled to old-age or disability insurance benefits is entitled to husband's insurance benefits if he

(1) Has filed application for husband's insurance benefits (see Subpart G of this part relating to filing of applications); and

(2) Has attained age 62; and

(3) Was receiving (except as provided In paragraph (c) of this section) at least one-half of his support (as defined in 404.350) from his wife at a time specIfied in § 404.319 and, within a 2-year period specified in § 404.319 (c), submitted evidence that he was receiving such support; and

(4) Is not entitled to old-age or disability insurance benefits based on a primary insurance amount which equals or exceeds one-half of the primary insurance amount of such individual.

(b) Conditions of entitlement before February 1968. A husband (as defined in § 404.1106) of an individual entitled to old-age or disability insurance benefits is entitled to husband's insurance benefits if he meets all of the requirements specified in paragraph (a) of this section, as applicable, and such individual (except as provided in paragraph (c) of this section) is currently insured as defined in Subpart B of this part.

(c) When the "currently insured” and "one-half support" conditions for en

titlement do not apply. The "currently insured" and "one-half support" requirements do not apply in determining whether a man is entitled to husband's insurance benefits if in the month before the month of his marriage to his wife, on whose earnings record he is claiming husband's insurance benefits, he (based on the earnings record of a third party):

(1) Was entitled to widower's or parent's insurance benefits or he met all the requirements for entitlement to widower's or parent's insurance benefits other than filing an application or attainment of age 62 (age 65 for months before August 1961); or

(2) Had attained age 18 and was entitled to child's insurance benefits (based on disability), or he met all the requirements for entitlement to child's insurance benefits (based on disability) other than filing an application; or

(3) Was entitled under the Raliroad Retirement Act to a widower's, child's (after attainment of age 18), or parent's insurance annuity or he met all requirements for entitlement to such a benefit other than filing an application or attainment of the required age (if any). (This subparagraph (3) is effective for benefits for months after August 1965, but only on the basis of an application filled after June 1965.)

(d) Applicability of the provisions of paragraph (a). The provisions of paragraph (a) of this section apply in determining entitlement to husband's Insurance benefits for any month after January 1968 but only on the basis of an application filled in or after January 1968 134 F.R. 12569, Aug. 1, 1969]

§ 404.317 Husband's insurance benefits; duration of entitlement.

A man is entitled to a husband's insurance benefit for each month beginning with the first month in which all of the conditions of entitlement described in 404.316 are satisfied, but not before September 1958 where benefits are based on the earnings of a woman entitled to disability insurance benefits. The last month for which he is entitled to such benefit is the month before the first month in which any of the following events occurs:

(a) He dies; or

(b) His wife dies; or

(c) His marriage is terminated: or (d) He becomes entitled to old-age or disability insurance benefits based on a primary insurance amount which equals