in which she attained age 62, or was entitled after attainment of age 62 to a wife's insurance benefit for the month before the month in which the insured individual died.

(d) When remarriage not bar to entitlement or reentitlement. (1) For purposes of paragraph (a)(1) of this section, a remarriage is deemed not to have Occurred if a widow remarries after attainment of age 60 (see § 404.330(c)).

(2) For purposes of paragraph (c)(3) of this section, a remarriage is deemed not to have occurred if such marriage is terminated by the husband's death within 1 year of the date of the marriage and he was not then fully insured at the time of death.

(3) A wonian may reestablish entitlement to widow's insurance benefits after August 1965 if such entitlement was terminated because of her remarriage (see § 404.329 (c)), if such remarriage occurred as described in subparagraph (1) of this paragraph or such remarriage terminated under the conditions described in subparagraph (2) of this paragraph and subsequently she again meets the conditions described in paragraphs (a) and (b) of this section, as applicable, for entitlement to widow's insurance benefits on her prior deceased husband's earnings.

(e) Widow's entitlement based on disability—(1) When disability must begin. For the purposes of paragraph (a)(3) (ii) of this section a widow or surviving divorced wife must be under age 60 and be under a disability as defined in section 223 (d) of the Act which began before the month she attained age 60 or, if earlier, before the close of the 84th month following the latest of

(1) The month in which the wage earner died, or

(11) The last month for which she was entitled to a mother's insurance benefit on the basis of the earnings of such individual, or

(iii) The month in which a previous entitlement to widow's insurance benefits on the basis of the earnings record of such individual terminated because her disability had ceased.

(2) "Waiting period" defined—(1) Benefits payable for months prior to January 1973. The "waiting period," for purposes of entitlement of a widow or surviving divorced wife by virtue of a disability to benefits payable for months

prior to January 1973, is the earliest period of 6 full consecutive calendar months throughout which she was under a disability and which began no earlier than the later of:

(a) The first day of the 18th month before the month in which she files application for widow's insurance benefits,

or

(b) The first day of the sixth month before the month in which the period described in paragraph (e) (1) of this section began.

(ii) Benefits payable for months after December 1972. (a) The "waiting period," for purposes of entitlement of a widow or surviving divorced wife by virtue of a disability to benefits payable for months after December 1972, is the earliest period of 5 full consecutive calendar months throughout which she was under a disability, provided the application is filed:

(1) After September 1972; or (2) Before October 1972, and

(i) Notice of the final decision of the Secretary was not given to the applicant before October 1972; or

(ii) 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.

(b) However, the waiting period can begin no earlier than the later of:

(1) The first day of the 17th month before the month in which she files application for widow's insurance benefits, or

(2) The first day of the fifth month before the month in which the period described in paragraph (e)(1) of this section began. Months in which a widow was disabled before the month of the wage earner's death, and such months before the months of termination of entitlement to mother's insurance benefits may be counted as months in the waiting period if they otherwise meet the requirements of paragraph (e) (1) (1) (a), (b) or (e) (1) (ii) (b), of this paragraph (e) (2) as applicable. If the widow was previously entitled to a widow's insurance benefit based on disability, entitlement to which benefit terminated prior to the month in which she again becomes disabled, a waiting period is not

required if she again becomes disabled and meets all other requirements for entitlement. For purposes of this paragraph (e) (2) where the widow's disability begins on the first day of the month and continues through the last day of the month, such month is considered as a full calendar month.

(1) Applicability of the provisions of Chis section. The provisions of paragraphs (a) and (b) (except paragraph (a)(3) (ii)) of this section apply in determining entitlement to widow's insurance benefits for any month after August 1965 but, in the case of an individual who was not entitled to a widow's insurance benefit for August 1965 and did not meet the requirements of paragraph (c) of this section, only on the basis of an application filed after June 1965. The provisions of paragraphs (a) (3) (ii) and (e) of this section apply in determining entitlement to widow's insurance benefits for any month after January 1968 but only on the basis of an application filed in or after January 1968. The provisions of paragraph (c) of this section apply in determining entitlement to widow's insurance benefits for months prior to September 1965.

[34 FR 12570, Aug. 1, 1969, as an.ended at 39 FR 21047, June 18, 1974; 40 FR 31775, July 29, 1975]

§ 404.329 Widow's insurance benefits; duration of entitlement.

(a) Duration of entitlement after August 1965. A widow or surviving divorced wife is entitled to widow's insurance benefits beginning with the first month in which all the conditions of entitlement described in § 404.328(a) are satisfied and ending with the month before the first month in which any of the following events occurs:

(1) She dies; or

(2) She remarries (except as provided In paragraph (b) of this section); or

(3) She becomes entitled to an oldage insurance benefit which is equal to or exceeds the amount of the widow's insurance benefit as determined in accordance with § 404.330(a); or

(4) In the case of a woman entitled to widow's insurance benefits based on a purported marriage (see § 404.1101(c) (2)) to the deceased individual, another woman is certified for entitlement to widow's or mother's insurance benefits based on such deceased individual's earnings record and such other woman is the widow (or is deemed to be the

widow) of the deceased individual under the provisions of section 216(h) (1) (A) of the Act; or

(5) If she is married to a person age 18 or over, under a disability, and entitled to child's insurance benefits, her husband's entitlement to such benefits (see paragraph (b) of this section) terminates for a reason other than his death; or

(6) In the case of a woman entitled to benefits prior to age 60, the third month after her disability ceases provided that in such third month she has not attained:

(i) age 65 if such month is after December 1972, or

(ii) age 62 if such month is before January 1973.

(b) Effect of remarriage on entitlement after August 1965. (1) A widow or surviving divorced wife's entitlement to widow's insurance benefits is not terminated by reason of her remarriage to a man who is entitled to widower's, father's (for months after February 1975), or parent's insurance benefits or to a man who has attained age 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 he attained age 18) or had been under such a disability in the third month before the month in which such marriage occurred. (2) A widow's entitlement to widow's insurance benefits is not terminated by reason of her marriage after attainment of age 60. However, if the marriage is to a man not entitled to any of the benefits described in subparagraph (1) of this paragraph, beginning with the month in which such marriage occurs and each month thereafter prior to termination of such marriage, the amount of the widow's insurance benefits is determined in accordance with § 404.330(c).

(3) If a surviving divorced wife entitled to widow's insurance benefits marries a man not entitled to any of the benefits described in subparagraph (1) of this paragraph, her entitlement to that benefit is terminated effective with the month of the remarriage. Upon termination of the subsequent marriage she may become reentitled to widow's insurance benefits provided all other conditions of entitlement are satisfied (see § 404.328 (a)).

(c) Duration of entitlement before September 1965. A woman is entitled to a widow's insurance benefit beginning

with the first month all of the conditions in 404.328 (c) are satisfied. The last month for which she is entitled to such benefit is the month before the month any of the following events occurs:

(1) She dies; or

(2) She remarries (except as provided in paragraph (d) of this section); or

(3) She becomes entitled to an oldige insurance benefit which is equal to or exceeds the widow's insurance benefit as determined in accordance with § 404.330 (a); or

(4) In the case of a woman entitled to widow's insurance benefits based on a purported marriage (see § 404.1101(c) (2)) to the deceased individual, another woman is certified for entitlement to widow's or inother's insurance benefits based on such individual's earnings record and such other woman is the widow (or is deemed to be the widow) of the deceased individual under the provisions of section 216(h) (1) (A) of the Act; or

(5) If she is married to a person who is age 18 or over, under a disability which began before attainment of age 18, and who is entitled to child's insurance benefits, her husband's entitlement to such benefits (see paragraph (d) of this section) terminates for a reason other than his death.

(d) When remarriage will not terminate entitlement before September 1965. A woman's entitlement to widow's insurance benefits is not terminated by her remarriage if the man she marries:

(1) Is entitled to widower's or parent's Insurance benefits; or

(2) Is age 18 or over, under a disablilty (as defined in section 223 (d) of the Act) which began before age 18, and is entitled to child's insurance benefits.

(e) Applicability of the provisions of this section. The provisions of paragraphs (a) and (b) (except paragraph (a) (6)) of this section apply with respect to benefits after August 1965 provided that in the case of a widow or surviving divorced wife who did not meet the requirements of § 404.328 (c) and was not entitled to a widow's insurance benefit for August 1965, an application for such benefit is filed after June 1965. The provision of paragraph (a) (6) of this section applies with respect to benefits after January 1968 provided that an application for such benefits is filed in or after January 1968. The provisions of paragraph (d) of this section apply with respect to widow's insurance benefits for months prior to September 1965, and

with respect to such benefits for months after August 1965 where paragraphs (a) and (b) of this section do not apply. [34 FR 12571, Aug. 1, 1969, as amended at 40 FR 31775, July 29, 1975; 41 FR 13334, Mar. 30, 1976]

§ 404.330 Widow's insurance benefits; rate of benefit.

(a) For months prior to January 1973. (1) Basic benefit rate. Except as provided in paragraphs (a)(2), (b), and (c) of this section, the amount of the widow's insurance benefit for any month prior to January 1973 is equal to 822 percent of the primary insurance amount of the deceased individual upon whose earnings record such benefit is based. (See § 404.113a (c) for benefit rate under transitional insured status provision and § 404.352 for minimum survivor's insurance benefit rate.)

(2) Benefit rate; entitlement prior to age 62. If a woman becomes entitled to widow's insurance benefits for months prior to January 1973 before attainment of age 62, the amount of such benefit for each such month is equal to 822 percent of the primary insurance amount of the deceased individual upon whose earnings record such benefit is based reduced in accordance with the provisions of section 202(q) (1) of the Act.

(b) For months after December 1972. (1) Basic benefit rate. Except as provided in paragraphs (a), (b) (2), (b) (3), and (c) of this section, the amount of the widow's insurance benefit for any month after December 1972 is equal to the primary insurance amount of the deceased individual upon whose earnings record such beneñt is based. (See § 404.113a (c) for benefit rate under transitional insured status provision and § 404.352 for minimum survivor's insurance benefit rate.)

(2) Benefit rate; entitlement prior to age 65. If a woman becomes entitled to widow's insurance benefits (for any month after December 1972) before attainment of age 65, the amount of such benefit for each such month is equal to the primary insurance amount of the deceased individual upon whose earnings records such benefit is based reduced in accordance with the provisions of section 202 (q) (1) of the Act.

(3) Benefit rate; deceased wage earner entitled to reduced old-age insurance benefits prior to death. Where a widow's benefit reduced under paragraph (b) (2) of this section is greater than 821⁄2 per

cent of the primary insurance amount and the benefit rate to which the deceased wage earner would have been entitled if he were still living is lower than the rate described in paragraph (b) (2) of this section, the widow will receive the higher of:

(i) 822 percent of the deceased wage earner's primary insurance amount, or (ii) The benefit rate to which the deceased wage earner would have been entitled if he were still living.

(c) Benefit rate after remarriage. If after attaining age 60, a widow marries a man who is not entitled to widower's, parent's, or child's (after attainment of age 18) insurance benefits, the widow's Insurance benefit is equal to one-half of the primary insurance amount of the deceased individual on whose earnings record her benefit is based. For benefits for months after January 1968 and before January 1970, such benefit is equal to one-half of the primary insurance amount of such deceased individual or $105, whichever is the smaller amount This paragraph is applicable to benefits for months after August 1965, but in the case of an individual who was not entitled to a widow's insurance benefit for August 1965, only on the basis of an application filled after June 1965.

[34 FR 12572, Aug. 1, 1969, as amended at 35 FR 14986, Sept. 26, 1970; 40 FR 31775, July 29, 1975]

§ 404.331 Widower's insurance benefits; conditions of entitlement.

(a) Conditions of entitlement. A man is entitled to widower's insurance benefits if:

(1) His wife was, at her death, fully insured (see §§ 404.103-404.113) and, for benefits for months before February 1968, was currently insured except as provided in paragraph (b) of this section; and

(2) He is her widower as defined in § 404.1107: and

(3) (i) He has attained age 60 (age 62 for months prior to January 1973), or

(ii) For benefits for months after January 1968, but only on the basis of an application filed in or after January 1968, has attained age 50 but is under age 60 (age 62 for months prior to January 1973) and (A) is under a disability as defined in section 223 (d) of the Act which began during the period specified in paragraph. (c) (1) of this section, and (B) has been under such disability throughout the waiting period as defined

in paragraph (c) (2) of this section where such period is required; and

(4) He has not remarried since the death of his wife, except that if he remarries after attaining age 60 (age 62 for months prior to January 1973) the marriage is deemed not to have occurred for purposes of determining if he is entitled to widower's insurance benefits for months after August 1965 provided that he was entitled to such benefits for the month of August 1965 or an application for such benefits was filed after June 1965; and

(5) (i) He has filed an application (see Subpart G of this part) for widower's insurance benefits; or

(ii) was entitled to husband's insurance benefits based on his wife's earnings for the month before the month in which she died, and for monthly benefits payable after December 1972, and

(A) Has attained age 65, or

(B) Is not entitled to either retirement or disability benefits.

(6) He was, at a time specified in § 404.334, receiving at least one-half of his support (see § 404.350) from his wife, except as provided in paragraph (b) of this section, and within a 2-year period specified in § 404.334 (c) submitted evidence that he was receiving such support; and

(7) He is not entitled to an old-age insurance benefit which equals or exceeds the amount of the widower's insurance benefits determined in accordance with paragraphs (a) (1) or (b) (1) of § 404.333. (b) Conditions under which "one-half support" and "currently insured" requirements do not apply. The “one-half support" requirement and, for benefits for months before February 1968, the "currently insured" requirement do not apply in determining whether a man is entitled to widower's insurance benefits if in the month before the month of his marriage to his deceased wife on whose earnings record he is claiming such benefits, he (based on the earnings record of a third party):

(1) Was entitled to widower's or parent's insurance benefits or met all requirements for entitlement to such benefits other than filing an application or attainment of age 62; or

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

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

(c) Widower's entitlement based on disability. (1) When disability must begin. For the purposes of paragraph (a) (3)(ii) of this section a widower must be under age 60 (age 62 for months prior to January 1973) and under a disability as defined in section 223(d) of the Act which begar. before the month he attained age 60 (age 62 for months prior to January 1973) or if earlier before the close of the 84th month following the latest of:

(1) The month in which the wage earner died, or

(ii) The month in which a previous entitlement to widower's insurance benefits on the basis of the earnings record of such individual terminated because his disability had ceased.

(2) "Waiting period" defined—(1) Benefits payable for months prior to January 1973. The "waiting period," for the purposes of entitlement to a widow by virtue of a disability to benefits payable for months prior to January 1973, is the earliest period of 6 full consecutive calendar months throughout which he was under a disability and which began no earlier than the later of:

(a) The first day of the 18th month before the month in which he files application for widower's insurance benefits, or

(b) The first day of the sixth month before the month in which the period described in paragraph (c) (1) of this section began.

(ii) Benefits payable for months after December 1972. (a) The "waiting period," for purposes of entitlement of a widower by virtue of a disability to benefits payable for months after December 1972, is the earliest period of 5 full consecutive calendar months throughout which he was under a disability, provided the application is filed

(1) After September 1972; or (2) Before October 1972; and (i) Notice of the final decision of the Secretary was not given to the applicant before October 1972; or

(ii) 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.

(b) However, the waiting period can begin no earlier than the later of:

(1) The first day of the 17th month before the month in which he files application for widower's insurance benefits, or

(2) The first day of the fifth month before the month in which the period described in paragraph (c)(1) of this section began. Months in which a widower was disabled before the month of the wage earner's death may be counted as months in the waiting period if they otherwise meet the requirements of paragraphs (c) (2) (i) (a), (b) or (c) (2) (ii) (a) of this section as applicable. If the widower was previously entitled to a widower's insurance benefit based on disability, entitlement to which benefit terminated prior to the month in which he again becomes disabled, a waiting period is not required if he again becomes disabled and meets all other requirements for entitlement. For purposes of this subparagraph, where the widower's disability begins on the first day of the month and continues through the last day of the month, such month is considered a full calendar month.

[29 F.R. 12291, Aug. 27, 1964, as amended at 34 FR 12572, Aug. 1, 1969; 39 FR 21048, June 18, 1974; 40 FR 31776, July 29, 1975] § 404.332 Widower's insurance benefits; duration of entitlement.

(a) General. A man is entitled to widower's insurance benefits beginning with the first month in which all the conditions of entitlement described in § 404.331(a) are satisfied and ending with the month before the first month in which any of the following events

occurs:

(1) He dies; or

(2) He remarries (except as provided in paragraph (b) of this section); or

(3) He becomes entitled to an oldage insurance benefit which is equal to or exceeds the amount of the widower''s insurance benefit as determined in accordance with § 404.333 (a) or (b); or (4) In the case of a man entitled to widower's insurance benefits based on a