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

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_15

## Section

- **Citation:** SSR 63-15
- **Heading:** SSR 63-15: SECTION 202(d). -- TERMINATION OF ENTITLEMENT TO CHILD'S INSURANCE BENEFITS -- ATTAINMENT OF AGE 18
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Child's Insurance Benefits / SSR 63-15

## Text

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.

## Nearby sections

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_15. Check the current official text before relying on it. Not legal advice.
