SSR 63-1: SECTION 202(b). -- WIFE'S INSURANCE BENEFITS -- IN HER CARE -- CHILD OVER 18 YEARS OF AGE

20 CFR 404.331(b); 404.725

SSR 63-1

A worker, age 65, was entitled to old-age insurance benefits; his

daughter, C, age 27 and mentally deficient since birth, became entitled to

child's insurance benefits on the worker's earnings record. The worker's

wife, W, age 58, filed application for wife's insurance benefits on his

earnings record.

To be entitled to wife's insurance benefits under section 202(b) of the

Act (besides other requirements, all of which W met), a woman must either

have attained age 62 or have in her care (individually, or jointly with

her husband) a child entitled to a child's insurance benefit on her

husband's earnings record.

Since W was under age 62, she can be entitled to wife's benefits only if

she has C in her care, individually or jointly with her husband. In this

connection the following facts were established:

W, C, and the worker live together. Because of C's peculiar preferences

in food, W must supervise her eating to assure that she gets adequate

nourishment. Also she is unable to select clothing appropriate for the

season or the occasion. She does not know the elementary rules to follow

when she is ill. Her behavior and manners similarly need and receive

supervision; for example, she sometimes has to be admonished about "making

faces" in company or at church. C plays with small children, for she has

the mentality of a child, but her strength is far greater than that of a

child, and she must be watched to prevent her from harming her playmates.

Also, C must be protected from cruel practical jokes and possible

mistreatment.

Thus, C requires constant supervision and care because of her mental

retardation. Although the worker gives such assistance as he can, the

burden of such care and supervision is largely borne by W.

The question to be decided is whether, under the facts shown above, W can

be considered to have C in her care.

Also, C must be protected from cruel practical jokes and possible

mistreatment.

Thus, C requires constant supervision and care because of her mental

retardation. Although the worker gives such assistance as he can, the

burden of such care and supervision is largely borne by W.

The question to be decided is whether, under the facts shown above, W can

be considered to have C in her care.

To have "in her care" a child under the age of 18, or a mentally

incompetent child age 18 or over, the claimant must exercise parental

control and responsibility for the welfare and care of the child.

In the present case, the facts show that C is unable to supply her own

needs and to cope with everyday needs and responsibilities, is mentally

incompetent, and receives from W (jointly with her husband, the worker)

constant care and supervision required, by the nature of her disability,

for her own protection and welfare and for the protection of others. Thus,

W is exercising parental control and responsibility sufficient for a

finding that she has C in her care.

Accordingly, it is held that W has in her care a child entitled to

child's insurance benefits on her husband's earnings record, as required

for entitlement to wife's insurance benefits since W has not attained age

62. All other requirements being met, W is entitled to wife's insurance

benefits.