# SSR 61-6: SSR 61-6. DOMESTIC SERVICE BY FAMILY MEMBER

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_6

## Section

- **Citation:** SSR 61-6
- **Heading:** SSR 61-6. DOMESTIC SERVICE BY FAMILY MEMBER
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Definition of Wages / SSR 61-6

## Text

A and B, who are sister and brother, have maintained a common household
on B's farm since 1927. B has always done the farm work, and A has kept
house and cooked for him and has received her room and board in return. It
is alleged that in July 1956, A became an employee of B under an oral
agreement. Under the alleged agreement, A was to be paid $100 a month for
the same services that she had formerly performed without pay. Both before
and after the agreement A worked at her own discretion. She was not
required to work any specific hours; she received no instructions from B
as to how to do her work; and B had no right to give A instructions or to
dismiss her.

Section 209 of the Social Security Act provides that the term "wages"
means all remuneration for employment, with certain exceptions are not
material here.

Section 210(j) of the Social Security Act provides that the term
"employee" means any individual who, under the usual common-law rules
applicable in determining the employer-employee relationship, has the
status of an employee. The guides for determining, under such rules,
whether an employer-employee relationship exists are found in Regulations
No. 4, § 404.1004(c). Generally, these guides provide that such a
relationship exists if the person for whom the services are performed has
the right to control and direct the individual who performs the services,
not only as to the result to be accomplished by the work but also as to
the details and means by which that result is accomplished.
relationship exists are found in Regulations
No. 4, § 404.1004(c). Generally, these guides provide that such a
relationship exists if the person for whom the services are performed has
the right to control and direct the individual who performs the services,
not only as to the result to be accomplished by the work but also as to
the details and means by which that result is accomplished.

In determining whether an employment relationship exists in those cases
where a member of one's family performs domestic service in his home, the
existence of a contract of employment, the dependency status of the
alleged employee, the work history of the alleged employee, and the
details as to remuneration are major factors to be considered. In several
cases where services had previously been performed without remuneration
under a family cooperative arrangement and where there was no change in
the method of operation after the alleged employment relationship began,
the courts have ruled that no employment relationship existed. See Norment
v. Hobby, 124 F.Supp. 489 (1953); Thurston v. Hobby, 133 F.Supp. 205
(1955); Folsom v. O'Neal, 250 F.2d 946 (1957).

In the present case, the relationship between A and B was a close family
cooperative arrangement based on mutual love and affection. A had
performed her services without pay since 1927 and had received a home and
support in return. There was no change in the relationship or in A's
duties after July 1956, when she allegedly became an employee. B at no
time had any right to direct A in the performance of her services or to
dismiss her. These factors clearly negate the existence of the right to
control necessary to establish the common-law relationship of employer and
employee. The payment of money, though a factor in establishing an
employer-employee relationship, is not sufficient of itself to establish
such a relationship.
B at no
time had any right to direct A in the performance of her services or to
dismiss her. These factors clearly negate the existence of the right to
control necessary to establish the common-law relationship of employer and
employee. The payment of money, though a factor in establishing an
employer-employee relationship, is not sufficient of itself to establish
such a relationship.

Accordingly, it is held that A was not the employee of her brother and,
therefore, any payments made to her by her brother are not wages within
the meaning of section 209 of the Social Security Act.

## Nearby sections

- [SSR 61-6 SSR 61-6. DOMESTIC SERVICE BY FAMILY MEMBER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_6.md)
- [SSR 61-25 SSR 61-25. RAILROAD COMPENSATION CREDITABLE AS WAGES UNDER SOCIAL SECURITY ACT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_25.md)
- [SSR 62-29 SSR 62-29. WAGES -- DOMESTIC SERVICE -- IDENTITY OF EMPLOYER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_29.md)
- [SSR 62-63 SSR 62-63: Rescinded 1984](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_63.md)
- [SSR 63-18 SSR 63-18: SECTION 209. -- WAGES -- TRAVEL EXPENSES EXCEEDING ALLOWANCE FOR TRAVEL](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_18.md)
- [SSR 63-42c SSR 63-42c: SECTION 209. -- WAGES -- EXTENT AND VALUE OF SERVICES](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_42c.md)
- [SSR 64-8 SSR 64-8: SECTIONS 209 and 215. -- COMPUTATION OF BENEFITS -- ACCRUED WAGES PAID AFTER WORKER'S DEATH BUT WITHIN YEAR OF DEATH](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_8.md)
- [SSR 64-59 SSR 64-59: SECTIONS 209(b), (c), and (e). -- WAGES -- PURCHASE OF ANNUITIES BY SCHOOL DISTRICTS FOR THEIR EMPLOYEES THROUGH VOLUNTARY SALARY REDUCTION PLANS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_59.md)
- [SSR 67-41a SSR 67-41a: SECTION 209(g)(1). -- WAGES -- NONCASH PAYMENTS -- DOMESTIC EMPLOYMENT WHEN CHURCH IS THE EMPLOYER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_67_41a.md)
- [SSR 70-10 SSR 70-10: SECTION 209(h). -- WAGES -- CASH REMUNERATION FOR AGRICULTURAL LABOR -- COUPON BOOKS ISSUED BY EMPLOYER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_10.md)
- [SSR 70-11 SSR 70-11: SECTION 209(h). -- WAGES -- CASH REMUNERATION FOR AGRICULTURAL LABOR -- UNITED STATES SAVINGS BONDS, SERIES E](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_11.md)
- [SSR 70-43 SSR 70-43: SECTION 209. -- WAGES -- STATUS OF UNIFORM ALLOWANCES TO EMPLOYEES OF A STATE OR POLITICAL SUBDIVISION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_43.md)
- [SSR 72-56 SSR 72-56: SECTION 209(b) and (d) (42 U.S.C. 409(b) AND (d)). -- STATE AND LOCAL COVERAGE -- WAGES -- STATUS OF REMUNERATION PAID TO PUBLIC EMPLOYEES ABSENT FROM WORK DUE TO ILLNESS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_56.md)
- [SSR 72-57 SSR 72-57: SECTION 209(g)(2) and 214(a) (42 U.S.C. 409(g)(2) and 414(a)). -- WAGES -- DOMESTIC SERVICE -- IDENTITY OF EMPLOYER -- INSURED STATUS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_57.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_6. Check the current official text before relying on it. Not legal advice.