# SSR 76-20c: SSR 76-20c: SECTIONS 202(d) and 204(b) (42 U.S.C. 402(d) and 404(b)) -- CHILD'S INSURANCE BENEFITS -- OVERPAYMENTS -- CHILD OVER AGE 18 NO LONGER STUDENT > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_76_20c ## Section - **Citation:** SSR 76-20c - **Heading:** SSR 76-20c: SECTIONS 202(d) and 204(b) (42 U.S.C. 402(d) and 404(b)) -- CHILD'S INSURANCE BENEFITS -- OVERPAYMENTS -- CHILD OVER AGE 18 NO LONGER STUDENT - **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 76-20c ## Text 20 CFR 404.506 and 404.507 SSR 76-20c MUNCE v. MATHEWS, 1A Unempl. Ins. Rep. #14,611 (S.D. Ohio 1976) DUNCAN, District Judge: This is an action under the Social Security Act, 42 U.S.C. Section 405(g), for review of a final decision of the Secretary of Health, Education and Welfare refusing to waive repayment of an overpayment of social security benefits. This matter is before the Court on plaintiff's motion for summary judgment. Since 1959, plaintiff and her children have been receiving survivor benefits under the Social Security Act. A child is entitled to benefits until he reaches the age of 18. If a child continues in regular school attendance, he is entitled to benefits from age 18 to age 22. Plaintiff's daughter, Alice M. Estep, was born January 1, 1953. In June, 1972, she graduated from high school. She did not thereafter attend school; thus, she became ineligible for further benefits in June, 1972. Neither plaintiff nor her daughter notified the Social Security Administration of the daughter's ineligibility. An overpayment of $1,255.70 resulted. The administrative law judge made the following findings of fact which are fully supported by the record before the Secretary: Under the provisions of 20 C.F.R. § 404.506 the Secretary will waive recovery of an overpayment if the recipient was "without fault" and the recovery would either "(1) Defeat the purpose of Title II of the Act of eligibility. An overpayment of $1,255.70 resulted. The administrative law judge made the following findings of fact which are fully supported by the record before the Secretary: Under the provisions of 20 C.F.R. § 404.506 the Secretary will waive recovery of an overpayment if the recipient was "without fault" and the recovery would either "(1) Defeat the purpose of Title II of the Act of (2) Be against equity in good conscience." Fault is defined in 20 C.F.R. §404.507: The administrative law judge's determination that plaintiff was not without fault is supported by substantial evidence. Plaintiff's theory is that she thought the Social Security Administration would make the adjustments to the social security payments when the child reached age 18 or finished school. She further states that she was so informed by a local social security administration office. Assuming these facts to be true, plaintiff knew that her daughter's benefits should have been terminated in June, 1972 when she quit school. She was merely under the belief that the Social Security Administration would automatically terminate the payments. When the administration did not, plaintiff then, of necessity, knew that she had received an overpayment of social security benefits. Plaintiff, therefore, accepted, the payment on behalf of her daughter knowing it to have been incorrect. WHEREUPON, the Court HOLDS that plaintiff's motion for summary judgment is without merit, and therefore it is DENIED. The decision of the Secretary of Health, Education and Welfare is AFFIRMED. ## Nearby sections - [SSR 06-02p SSR 06-02p: Title II: Adjudicating Child Relationship Under Section 216(h)(2)(A) of the Social Security Act When Deoxyribonucleic Acid (DNA) Test Shows Sibling Relationship Between Claimant and a Child of the Worker Who Is Entitled Under Section 216(h)(3) of the Social Security Act](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_06_02p.md) - [SSR 60-1 SSR 60-1. CHILD MARRIED AND DIVORCED BEFORE FILING EFFECTIVE APPLICATION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_1.md) - [SSR 61-18 SSR 61-18. EFFECTIVE DATE OF ADOPTION WHERE ADOPTING PARENT DIES AFTER INTERLOCUTORY DECREE BUT BEFORE FINAL DECREE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_18.md) - [SSR 61-30 SSR 61-30. IRREVOCABLE SURRENDER OF CHILD TO PERSON WHO AGREES TO RAISE CHILD](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_30.md) - [SSR 61-52 SSR 61-52. CHANGE OF CIRCUMSTANCES SHORTLY BEFORE WORKER'S DEATH](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_52.md) - [SSR 61-64 SSR 61-64. LEGITIMATION OF CHILD BY INTERMARRIAGE OF PARENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_64.md) - [SSR 62-53 SSR 62-53. RELATIONSHIP -- EFFECTIVE DATE OF LEGITIMATION OF CHILD BY INTERMARRIAGE OF PARENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_53.md) - [SSR 63-15 SSR 63-15: SECTION 202(d). -- TERMINATION OF ENTITLEMENT TO CHILD'S INSURANCE BENEFITS -- ATTAINMENT OF AGE 18](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_15.md) - [SSR 63-28 SSR 63-28: SECTIONS 202(d), 216(e), and 216(h)(2)(A). -- RELATIONSHIP -- ADOPTED CHILD'S RIGHTS OF INHERITANCE FROM NATURAL PARENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_28.md) - [SSR 65-18 SSR 65-18: SECTION 202(d). -- CHILD'S INSURANCE BENEFITS -- LEGAL ADOPTION INSTITUTED BY WORKER IN OR BEFORE MONTH PERIOD OF DISABILITY BEGAN](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_18.md) - [SSR 65-20c SSR 65-20c: SECTIONS 202(d)(1), 216(e), and 216(h)(2). -- DEFINITION OF "CHILD" -- EQUITABLE ADOPTION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_20c.md) - [SSR 65-35 SSR 65-35: SECTION 202(d). -- CHILD'S INSURANCE BENEFITS -- LEGAL ADOPTION BY CLAIMANT ENTITLED TO DISABILITY INSURANCE BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_35.md) - [SSR 65-36c SSR 65-36c: SECTIONS 202(d) and 216(h)(2)(A). -- RELATIONSHIP -- LEGITIMATION UNDER CALIFORNIA LAW](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_36c.md) - [SSR 65-51 SSR 65-51: SECTIONS 202(d) and 205(a). -- FINALITY OF DECISION -- REOPENING ON BASIS OF NEW AND MATERIAL EVIDENCE -- GOOD CAUSE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_51.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_76_20c. 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