SSR 61-52. CHANGE OF CIRCUMSTANCES SHORTLY BEFORE WORKER'S DEATH

When M divorced her first husband in September 1947, she retained custody

of their 7-month-old daughter, C. M married F in July 1953 and she, F, and

C lived together in an apartment. M and F both worked and both earned

about the same amount. They pooled their incomes and paid all expenses of

the family group from the pooled funds. On November 14, 1960, F was served

with notice that M had filed suit for divorce against him and had

petitioned for a restraining order against his interfering with,

molesting, bothering, or hindering M or C in any way. F left the apartment

immediately, rented quarters elsewhere, remained away from the home and

made no further contributions or other provision for meeting the expenses

of C or M. He died on November 21, 1960, one week after leaving their

home. In December 1960, M filed an application on C's behalf for child's

insurance benefits on F's earnings record.

Under section 202(d)(1)(C) of the Social Security Act, one of the

conditions for entitlement to child's insurance benefits on the earnings

record of a deceased person is that the child must have been dependent on

that person at the time of death.

Section 202(d)(4) provides in effect that a child shall be deemed

dependent upon his stepfather at the time of the latter's death if, at

that time, the child was living with or was receiving at least one-half of

his support from the stepfather. Accordingly, C can be entitled to

benefits only if she was either living with F on November 21, 1960, or was

receiving at least one-half of her support from him at that time.

Regulations No. 4, § 404.723(a), requires that where a child is claiming

benefits on the earnings record of his deceased stepfather, to establish

that the child was living with the stepfather at the time of death, there

must be evidence showing that at that time:

if she was either living with F on November 21, 1960, or was

receiving at least one-half of her support from him at that time.

Regulations No. 4, § 404.723(a), requires that where a child is claiming

benefits on the earnings record of his deceased stepfather, to establish

that the child was living with the stepfather at the time of death, there

must be evidence showing that at that time:

When F left the household where C and M were living, M's divorce suit was

pending against him and he gave no indication that he was planning to

return. Instead, all the circumstances establish a separation from M and C

which was intended to be permanent and which in fact continued to the time

of death. The present facts do not provide a basis for a finding that C

was living with F when he died. Therefore, in order to meet the dependency

requirement in section 202(d)(1), C must have been receiving at least

one-half of her support from F at the time of his death.

The law does not require that the stepfather must actually have made a

contribution on the day of his death. However, it does contemplate the

existence of an economic relationship under which the child was dependent

upon contributions by the stepfather for at least one-half of his support

and that this relationship must have continued up to the time of the

stepfather's death.

In determining what was the dependency or support situation at the time

of death, consideration is given to the events which occurred during that

period (up to 12 months) immediately preceding death which accurately

reflects the situation at the time of death. Where events occurred during

the 12-month period before the worker's death which show that the economic

relationship had changed basically immediately before death, the

determination of dependency or support must be made on the basis of the

changed situation, even though the change occurred shortly before death

preceding death which accurately

reflects the situation at the time of death. Where events occurred during

the 12-month period before the worker's death which show that the economic

relationship had changed basically immediately before death, the

determination of dependency or support must be made on the basis of the

changed situation, even though the change occurred shortly before death.

Thus, where a stepfather had been making contributions to the support of

his stepchild, but left the family and discontinued his contributions at

some time within the 12 months before his death, the economic relationship

previously in existence has terminated before his death.

In the case at hand, there was a basic change in the economic

relationship between F and C when F left the family home. He made no

provisions for C's support after leaving, nor did he make any actual

contributions for C's support. Under the relationship from that point on,

she could not look to F for support, nor was she dependent upon F for any

contributions at all.

Therefore, it is determined that C was not in fact receiving at least

one-half of her support from F when he died.

Accordingly, it is held that C was not dependent on F at the time

of F's death and is not entitled to child's insurance benefits on F's

earnings record.