# 20 C.F.R. § 404.305 (2026): When you may not be entitled to benefits

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_305

## Section

- **Citation:** 20 C.F.R. § 404.305 (2026)
- **Heading:** When you may not be entitled to benefits
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 20 CFR: Employees' Benefits / Chapter III: SOCIAL SECURITY ADMINISTRATION / Part 404: FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950-  ) / Subpart D: Old-Age, Disability, Dependents' and Survivors' Insurance Benefits › Period of Disability / § 404.305: § 404.305   When you may not be entitled to benefits.

## Text

In addition to the situations described in § 404.304 when you may not receive a benefit payment, there are special circumstances when you may not be entitled to benefits. These circumstances are—
(a)
Waiver of benefits.
If you have waived benefits and been granted a tax exemption on religious grounds as described in §§ 404.1039 and 404.1075, no one may become entitled to any benefits or payments on your earnings record and you may not be entitled to benefits on anyone else's earnings record; and
(b)
Person's death caused by an intentional act.
You may not become entitled to or continue to receive any survivor's benefits or payments on the earnings record of any person, or receive any underpayment due a person, if you were convicted of a felony or an act in the nature of a felony of intentionally causing that person's death. If you were subject to the juvenile justice system, you may not become entitled to or continue to receive survivor's benefits or payments on the earnings record of any person, or receive any underpayment due a person, if you were found by a court of competent jurisdiction to have intentionally caused that person's death by committing an act which, if committed by an adult, would have been considered a felony or an act in the nature of a felony.
[44 FR 34481, June 15, 1979, as amended at 47 FR 42098, Sept. 24, 1982; 52 FR 19136, May 21, 1987, 52 FR 21410, June 5, 1987; 58 FR 64888, Dec. 10, 1993]

## Nearby sections

- [20 C.F.R. § 404.301 (2026) § 404.301   Introduction.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_301.md)
- [20 C.F.R. § 404.302 (2026) § 404.302   Other regulations related to this subpart.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_302.md)
- [20 C.F.R. § 404.303 (2026) § 404.303   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_303.md)
- [20 C.F.R. § 404.304 (2026) § 404.304   What are the general rules on benefit amounts?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_304.md)
- [20 C.F.R. § 404.305 (2026) § 404.305   When you may not be entitled to benefits.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_305.md)
- [20 C.F.R. § 404.310 (2026) § 404.310   When am I entitled to old-age benefits?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_310.md)
- [20 C.F.R. § 404.311 (2026) § 404.311   When does my entitlement to old-age benefits begin and end?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_311.md)
- [20 C.F.R. § 404.312 (2026) § 404.312   How is my old-age benefit amount calculated?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_312.md)
- [20 C.F.R. § 404.313 (2026) § 404.313   What are delayed retirement credits and how do they increase my old-age benefit amount?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_313.md)
- [20 C.F.R. § 404.315 (2026) § 404.315   Who is entitled to disability benefits?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_315.md)
- [20 C.F.R. § 404.316 (2026) § 404.316   When entitlement to disability benefits begins and ends.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_316.md)
- [20 C.F.R. § 404.317 (2026) § 404.317   How is the amount of my disability benefit calculated?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_317.md)
- [20 C.F.R. § 404.320 (2026) § 404.320   Who is entitled to a period of disability.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_320.md)
- [20 C.F.R. § 404.321 (2026) § 404.321   When a period of disability begins and ends.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_321.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_305. Check the current official text before relying on it. Not legal advice.