SSR 63-15: SECTION 202(d). -- TERMINATION OF ENTITLEMENT TO CHILD'S INSURANCE BENEFITS -- ATTAINMENT OF AGE 18

20 CFR 404.2(c)(4)

SSR 63-15

In 1955, G, a girl born December 1, 1944, became entitled under section

202(d) of the Social Security Act to child's insurance benefits on the

earnings record of her deceased father, a full insured worker.

Under the provisions of section 202(d), entitlement to child's insurance

benefits (after being established) continues until termination is required

by the occurrence of certain specified events. Among the events which can

require termination is the child's attainment of age 18: his entitlement

ends with the month before the month in which such attainment occurred

unless the child is under a disability (as defined in section 223(c)(2),

which began before he attained age 18.

In G's case, no event requiring termination of her entitlement occurred

until she attained age 18. At no time prior to the attainment of age 18

was she under a disability. The question presented is whether she attained

age 18 on December 1, 1962, her 18th birthday (i.e., the 18th anniversary

of her birth) or on the preceding date, November 30, 1962. If she attained

age 18 in December 1962, under section 202(d) her entitlement ends with

the month of November 1962; if she attained age 18 in November 1962, her

entitlement ends with October 1962.

Section 202(d) is only one of a number of provisions in the Act under

which benefit rights are affected by attainment of a specified age. It is

commonly necessary under other provisions in section 202 to decide in what

month a claimant "has attained age 62," as required for entitlement to

old-age, widow's, husband's, widower's, and parent's insurance benefits,

and (subject to certain exceptions) wife's insurance benefits. Similarly,

under section 203, benefits may be paid to a beneficiary beginning with

the month he attains age 72 even though his work and earnings in such

months would preclude payments if he had not attained age 72.

age 62," as required for entitlement to

old-age, widow's, husband's, widower's, and parent's insurance benefits,

and (subject to certain exceptions) wife's insurance benefits. Similarly,

under section 203, benefits may be paid to a beneficiary beginning with

the month he attains age 72 even though his work and earnings in such

months would preclude payments if he had not attained age 72.

A person attains a given age on the day before his corresponding

birthday, i.e., the anniversary of his birth corresponding to that age. (§

404.2(c)(4) of Regulations No.

4.) [1] Accordingly, for purposes

of benefits under the Act, a person born on the first day of a month

attains any specified age in the month before the month in which occurs

the corresponding birthdate. For example, a person born on May 1 attains

age 62 on the day before his 62nd birthday, that is, April 30 of that

year; and may become entitled to old-age insurance benefits beginning with

that April. Similarly, he attains age 72 in April immediately preceding

his 72nd birthdate, and may be paid benefits for that April and subsequent

months regardless of the amount of his work and earnings. Under the same

rule, he attains age 18 on April 30, immediately preceding his 18th

birthday; and, where such attainment requires termination of entitlement

to child's insurance benefits, entitlement ends with the preceding

month.

Since G's 18th birthday was December 1, 1962, it is held , that she

attained age 18 on the preceding day, November 30, 1962. Therefore, the

last month for which she was entitled to child's insurance benefits is

October 1962, the month preceding the month in which she attained age

18.

s termination of entitlement

to child's insurance benefits, entitlement ends with the preceding

month.

Since G's 18th birthday was December 1, 1962, it is held , that she

attained age 18 on the preceding day, November 30, 1962. Therefore, the

last month for which she was entitled to child's insurance benefits is

October 1962, the month preceding the month in which she attained age

18.

[1] This rule, which appears in

Blackstone's Commentaries (Vol. I, p. 463) and in Kent's Commentaries

(Vol. 2, p. 233) has been applied consistently by the courts in holding

that an individual attains majority on the day before his 21st birthday. United States v. Wright , 197 Fed. 297 (1912). Nor is the rule

confined to cases involving the attainment of majority; see, for example, Frost v. State , 45 So. 203 (1907) involving attainment of age

45.