or exceeds one-half of the primary insurance amount of his wife; or

(e) His wife's entitlement to disability nsurance benefits terminates and she is not entitled to old-age insurance benefits; or

(f) In the case of a man entitled to husband's insurance benefits based on a purported marriage (as described in 404.1101 (c) (2)), to the woman upon whose earnings such benefit is based:

(1) He enters into a valid marriage with someone other than such woman; or =(2) Another man is certified for etitlement to husband's insurance berefits based on such woman's earnings and this other man is the husband (or is deemed to be the husband) of such woman under the provisions of section 216(b) (1) (A) of the Act.

|29 F.R. 12288, Aug. 27, 1964]

§ 404.318 Husband's insurance benefits; rate of benefit.

I The amount of the husband's insurance benefit for any month is equal to one-half of his wife's primary insurance amount. (For months after January 1968 and before January 1970, a husband's insurance benefit for any such month is equal to one-half of the wife's primary insurance amount or $105. whichever is the smaller amount.) However, such husband's insurance benefit may be reduced by a specified percentage, as provided in section 202 (q) of the Act.

[35 F.R. 14986, Sept. 26, 1970]

$ 404.319 Husband's insurance benefits; time at which support requirement must be met; period within which evidence must be filed.

The time at which the support requirement must be met, and the period within which evidence of such fact must be filed with the Administration, is determined as follows:

(a) Time at which support requirement must be met; period of disability existing up to time of entitlement to benefits. If his wife had a period of disability established (see § 404.310) and such period of disability did not end before the month in which she became entitled to disability or old-age insurance benefits, the support requirement must be met:

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

(2) At the time she became entitled to disability insurance beneЯts; or

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

(b) Time at which support requirement must be met; no period of aisability in effect at time of entitlement. I his wife did not have a period of disability established (see § 404.310) which continued until she became entitled to disability or old-age insurance benefits, the support requirement must be met either:

(1) At the time she became entitled to disability insurance benefits; or

(2) At the time she became entitled to old-age insurance benefits.

(c) Period within which evidence must be filed establishing that support requirement is met. For the purposes of entitlement to husband's insurance benefits, evidence establishing that the husband was receiving at least one-half his support from his wife must be filed within a specified 2-year period determined as follows:

(1) If the support requirement is met at the beginning of a period of disability, as provided in paragraph (a)(1) of this section, evidence of such support must be filled within 2 years after the month in which the wife filled application to establish such period of disability, or before September 1960, whichever is later.

(2) If the support requirement is met at the time the wife became entitled to disability Insurance benefits, as provided in paragraphs (a) (2) and (b)(1) of this section, evidence of such support must be filed within 2 years after the month in which she became entitled to such benefits, or before September 1960, whichever is later.

(3) If the support requirement is met at the time the wife became entitled to old-age insurance benefits, as provided in paragraphs (a) (3) and (b)(2) of this section, evidence of such support must be filed within 2 years after the month in which she became entitled to such benefit.

(4) Notwithstanding the provisions of subparagraphs (1), (2), and (3) of this paragraph:

(1) In any case in which there would not be entitlement to husband's insurance benefits except for enactment of the Social Security Amendments of 1960, and the time at which the support requireinent was met (determined in accordance with paragraph (a) or (b) of this section) occurred before September 1960, evidence of such support may be

filled within the 2 years after September 1960; and

(ii) In any case in which there would not be entitlement to husband's insurance benefits except for enactment of the Social Security Amendments of 1967, and the time at which the support requirement was met (determined in accordance with paragraph (a) or (b) of Chis section) occurred before January 1968, evidence of such support may be filed within the 2 years after February 1968.

Evidence of support (see Subpart H of this part) must be filed with the Administration within the appropriate 2-year period even though the husband may not be eligible for husband's insurance benefits until after the expiration of such period because one of the conditions of entitlement (see § 404.316) will not be met during such period. See 8404.616 and $404.617 for provisions regarding the deemed filing of evidence within the appropriate period in cases where good cause exists for failure to file such evidence before the expiration of the period specified in subparagraphs (1), (2), (3), or (4) of this paragraph. See also § 404.612 for provisions of the Soldiers' and Sailors' Civil Relief Act of 1940. extending, under certain conditions, the period for filing evidence of support. [29 F.R. 12288, Aug. 27, 1964, as amended at 34 F.R. 12569, Aug. 1, 1969]

§ 404.320 Child's insurance benefits; conditions of entitlement.

(a) Entitlement. A child is entitled to a child's insurance benefit if he:

(1) Is the child (as defined in § 404.1109) of:

(1) An individual entitled to old-age insurance benefits or disability insurance benefits; or

(ii) An individual who was fully insured (see §§ 404.108-404.113) or currently insured (see § 404.114) at the time of death; and

(2) Has filed application for, except as provided in § 404.353 (d), the child's insurance benefits; and

(3) Is unmarried at the time such application is filed; and

(4) At the time such application is filed:

(i) Has not attained age 18, or

(ii) Has not attained the age of 22 (except as provided in paragraph (c) (4) of this section) and is a full-time student

(as defined in paragraph (c) (1) of this section), or

(iii) Is under a disability which began before attainment of age 22, and

(5) Was dependent (see §§ 404.324404.327a) at a time specified in § 404.323, upon the individual on whose earnings child's insurance benefits are claimed.

(b) Reentitlement. A child whose entitlement to benefits terminated with the month before the month in which he attained age 18 or later, may thereafter, provided he has not been married since his last entitlement (see § 404.321(b) (2)), again become entitled to such benefits upon filing application for such reentitlement beginning with:

(1) The first month after such termination in which he is a full-time student and has not attained the age of 22 (except as provided in paragraph (c) (4) of this section); or

(2) The first month after such termination in which he is under a disability if he became disabled prior to attainment of age 18; or

(3) The first month after such termination in which he is under a disability but no earlier than January 1973, if he became disabled prior to attainment of age 22, except that if he was not entitled to a monthly benefit under section 202 of the Act for December 1972, the application for reentitlement must be filed after September 1972; or

(4) The first month after such termination in which he is under a disability but no earlier than January 1973 if he became disabled before the close of the 84th month following the month in which his most recent entitlement to child's benefits terminated because his disability ceased, except that if he was not entitled to a monthly benefit under section 202 of the Act for December 1972, the application for reentitlement must be filed after September 1972; or

(5) November 1972 if such termination was due to the child's adoption, provided that the application for reentitlement is filed after October 30, 1972.

(c) Definitions of terms-(1) Fulltime student. The term "full-time student" means a student who is in fulltime attendance (as defined in subparagraph (2) of this paragraph) at an educational institution (as defined in subparagraph (5) of this paragraph), except that no student shall be considered a full-time student if he is paid by his employer while attending an edu

cational institution at his employer's request or pursuant to a requirement of his employer.

(2) Full-time attendance. Ordinarily, a student is in "full-time attendance" at an educational institution if he is enrolled in a noncorrespondence course and is carrying a subject load which is considered full time for day students under the institution's standards and practices. However, a student will not be considered in "full-time attendance" (i) if he is enrolled in a junior college, college, or university in a course of study of less than 13 school weeks' duration; or, (1) if he is enrolled in any other educational institution and either the course of study is less than 13 school weeks' duration or his scheduled attendance is at the rate of less than 20 hours a weeks. A student whose full-time attendance begins or ends in a month is in full-time attendance for that month except that a student will not be considered in fulltime attendance in the month in which he graduates if he completed his course of study and ceased carrying a full-time subject load in a month before the month immediately preceding the mcnth of graduation.

(3) Deemed full-time student during period of nonattendance. An individual will be deemed a full-time student during any period of nonattendance (including part-time attendance) at an educational institution if the period is 4 consecutive calendar months or less, and the individual:

(1) Establishes that he intends to be in full-time attendance at an educational institution in the month immediately following such period, or

(ii) Is in full-time attendance at en educational institution in the month immediately following such period.

However, an individual will not be deemed a full-time student during any period of non attendance if the nonattendance is due to expulsion or suspension, notwithstanding such individual intends to. or does in fact, resume full-time attendance within 4 calendar months after the beginning of such period of nonattendance.

(4) Attainment of age 22 while in fulltime attendance. A full-time student (as defined in subparagraph (1) of this paragraph) who, in the month in which he attains age 22, has not completed the requirements for, or received, a degree

from a four-year college or university will be deemed, beginning January 1973, to attain age 22 on the first day of the month following the month in which ends the quarter or semester for which he was enrolled full-time in the month in which he attains age 22. If such college or university or other educational institution (as defined in subparagraph (5) of this paragraph) does not operate on a quarter or semester system, a fulltime student will be deemed to attain age 22 on either the first day of the month following the completion of the course in which he was enrolled full-time in the month in which he attained age 22, or if earlier, the first day of the third month following the month in which he attained age 22.

(5) Educational institution. An educational institution, as used in this paragraph (c), is a school (including a technical, trade, or vocational school), junior college, college, or university which meets any of the conditions described in the following subdivisions (i), (ii), and (iii) of this subparagraph (5):

(i) It is operated or directly supported by the United States or by any State or local government or political subdivision thereof; or

(ii) It is approved by a State or accredited by a State-recognized or nationally recognized accrediting agency or body. A nationally recognized accrediting agency or body is an agency or body that has been determined to be such by the U.S. Commissioner of Education. A State-recognized accrediting agency or body is an agency or body designated or recognized by a State as proper authority for accrediting schools, colleges, or universities as meeting educational standards. Approval by a State includes approval of a school, college, or university as an educational institution, or of one or more of the school's, college's, or university's courses, by a State agency or subdivision of the State. This approval may be indirect, as, for example, if attendance at the school satisfies the State's compulsory education laws, or if the school has a tax exemption as a school, or if the school receives financial aid, loans, or scholarship allowances; or

(iii) In the case of a nonaccredited school, college, or university, its credits are accepted, on transfer, by not less than three institutions which have been accredited by a State-recognized or na

tionally recognized accrediting agency or body, for credit on the same basis as if transferred from an institution so accredited. Acceptance of credits on transfer includes, in addition to acceptance of laterally transferred credits between similar educational institutions, acceptance of credits completed in an institution at a lower grade level for entrance into an institution at a higher grade level.

[39 FR 43712, Dec. 18, 1974]

§ 404.321 Child's insurance benefits; duration of entitlement.

(a) A child is entitled to a child's insurance benefit for each month beginning with the first month in which all of the conditions of entitlement described in § 404.320 (a) or (b) are met. However, no entitlement to child's benefits may be established for any month:

(1) Before January 1957 if the child's entitlement is based on his disability as defined in section 223 (c) (2) of the Act as in effect prior to September 1965, or before September 1965 if entitlement is based on his disability as defined in section 223 (c) (2) of the Act, as amended by section 303 (a) (2) of P.L. 89-97, enacted on July 30, 1965;

(2) Before September 1958, if benefits are based on the earnings of a parent entitled to disability insurance benefits;

(3) Before October 1960, if the parent on whose earnings record the benefits are claimed died before 1940;

(4) Before January 1965, if child's entitlement is based on his status as a full-time student (see 8 404.320 (a) (4) (ii) );

(5) Before September 1965, if child's entitlement is based on his status as described in § 404.1101 (d);

(6) Before January 1973, if the child's entitlement is based on his disability which began after attainment of age 18 and before attainment of age 22, or if the child's reentitlement is based on his disability which began before the close of the 84th month following the month in which his most recent entitlement to child's benefits terminated because his disability ceased.

(7) Before January 1973, if the child's entitlement is based on his status as a grandchild or stepgrandchild (as defined in § 404.1109(c)).

(8) Before the month of the child's birth.

(b) The last month for which a child is entitled to a child's insurance benefit is the month before the month in which any one of the following events first

occurs:

(1) The child dies;

(2) The child marries (except as provided in paragraph (d) of this section); (3) The child attains age 18, and

(1) Is not under a disability at that time, and

(ii) Is not a full-time student (as defined in § 404.320 (c)) during any part of the month in which he attains age 18;

(4) If the child's entitlement is based on his status as a full-time student, the earlier of:

(i) The first month during no part of which he is a full-time student, or

(ii) The month in which he attains age 22, or a later month under the circumstances described in § 404.320 (c) (4);

(5) If the child's entitlement is based on his disability, the third month following the month in which he ceases to be under a disability, unless he is a fulltime student during any part of such third month and has not attained age 22 in or before such month. (See subparagraph (4) of this paragraph);

(6) The insured individual on whose earnings the child's entitlement to benefits is based ceases to be entitled to disability insurance benefits for reasons other than death or attainment of age 65.

(c) Where a woman who is entitled to child's insurance benefits is married to a man entitled to disability insurance benefits or to child's insurance benefits because under a disability (see paragraph (d) of this section), her entitlement to child's insurance benefits will terminate with the month in which her husband's entitlement to such benefits ends for a reason other than his death or his entitlement to old-age insurance benefits.

(d) The marriage of a child, age 18 or over and entitled to child's insurance benefits based on a disability, will not terminate such entitlement (however, see paragraph (c) of this section for termination because of a subsequent event) if the marriage is to:

(1) A person age 18 or older entitled to child's insurance benefits based on a disability; or

(2) A person entitled to old-age, widow's, widower's, mother's, father's (for months after February 1975), parent's or disability insurance benefits, or, effective

after August 1965, wife's insurance benefits.

[31 FR 13126, Oct. 11, 1966, as amended at 39 FR 43713, Dec. 18, 1974; 41 FR 13334, Mar. 30, 1976]

§ 404.322 Child's insurance benefits; rate of benefit.

The amount of the child's insurance benefit for each month is determined as follows:

(a) Parent is alive. If the parent upon whose earnings the child's insurance benefit is based is entitled to old-age or disability insurance benefits for a month, the child's insurance benefit for such month is equal to one-half of the primary insurance amount of such parent for such month.

(b) Parent is deceased. If the parent upon whose earnings the child's insurance benefit is based is deceased, the amount of each child's insurance benefit for the month in which such parent died, or any subsequent month, subject to the provisions of § 404.352, is equal to threefourths of the primary insurance amount of the deceased parent. (For months before December 1960, the child's insurance benefit was one-half the deceased parent's primary insurance amount plus one-fourth of such primary insurance amount divided by the number of children entitled on that parent's earnings.) [29 F.R. 12289, Aug. 27, 1964]

§ 404.323 Child's insurance

benefits;

time at which child must be depend ent upon insured individual.

(a) Months after September 1972 (or months after December 1967 based on an application filed after September 30, 1972, and before May 1, 1973). For months after September 1972, the dependency requirements must be met:

(1) If the insured individual is living, at the time the application is filed, subject to the limitations in subparagraph (4) of this paragraph; or

(2) If the insured individual is deceased, at the time of such insured individual's death; or

(3) Subject to the limitations in subparagraph (4) of this paragraph, if the insured individual had established a period of disability which continued until he became entitled to disability or oldage insurance benefits (or, if he died, such period of disability continued until his death), at the beginning of such pe

riod of disability, or at the time he became entitled to such benefits.

(4) If the child of an insured individual was adopted after the insured individual became entitled to old-age or disability insurance benefits, the dependency of such child may not be established at the times specified in subparagraph (1) or (3) of this paragraph unless such child:

(i) Is the natural child or stepchild of such insured individual (including a natural child or stepchild who was legally adopted by such insured individual), or

(ii) (A) Was legally adopted by such insured individual in an adoption decreed by a court of competent jurisdiction within the United States, and

(B) Had not attained the age of 18 before he began living with such insured individual; and

(C) Was living with such insured individual in the United States and receiving at least one-half of his support from such insured individual:

(1) If the insured individual is an individual entitled to old-age insurance benefits (other than an individual refered to in subdivision (2) of this subparagraph (4) (ii) (C)), for the year immediately before the month in which such individual became entitled to oldage insurance benefits, or if such insured individual had a period of disability which continued until he became entitled to old-age insurance benefits, the month in which such period of disability began;

or

(2) If the insured individual is an individual entitled to disability insurance benefits, or an individual entitled to oldage insurance benefits who was entitled to disability benefits for the month preceding the first month for which he was entitled to old-age insurance benefits, for the year immediately before the month in which began the period of disability of such individual which still exists at the time of the adoption (or, if such child was adopted by such individual after such individual attained age 65, the period of disability of such individual which existed in the month preceding the month in which he attained age 65), or the month in which such individual became entitled to disability insurance benefits;

or

(3) Effective for months after July 1973 based on an application filed on or