SSR 69-55: SECTION 202(d)(1). -- STEPCHILD RELATIONSHIP -- CHILD'S INSURANCE BENEFITS -- TERMINATION OF ENTITLEMENT

20 CFR 404.1109(b)

SSR 69-55

R, a fully insured worker, filed application and became entitled to

old-age insurance benefits of $123 per month beginning August 1966. In the

same month R was married to B, who subsequently became entitled to wife's

insurance benefits, and her daughter, C, became entitled to child's

insurance benefits, effective August 1967. Child's benefits were paid

initially to R on C's behalf. However, in September 1968, B and C

separated from R and C's benefits are now being paid on her behalf to her

mother.

R questioned the continued payment of child's insurance benefits based

upon his earnings record to his wife's daughter, C, even though the child

is no longer living with or being supported by him.

Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) sets

forth the conditions under which a child can become entitled to benefits

and also provides criteria for the termination of such entitlement. In

summary, the Act provides that a child's benefit will be terminated with

the month before the month in which he dies, marries, is adopted (with

certain exceptions), or attains age 18 (unless he is a full-time student

under age 22; or unless he became disabled before age 18). Once

entitlement has been established pursuant to the Act, there is no

provision for termination of such entitlement because of the separation of

a child from his stepparent or even because the steprelationship itself is

terminated.

Accordingly, it is held , in the absence of one of the terminating

events specifically stated in the Act, C's entitlement to benefits will

continue.