# SSR 84-20a: SSR 84-20a: SECTION 202(c) (42 U.S.C. 402(c) HUSBAND'S INSURANCE BENEFITS -- GOVERNMENT PENSION OFFSET -- ONE-HALF SUPPORT -- POOLED INCOME > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_84_20a ## Section - **Citation:** SSR 84-20a - **Heading:** SSR 84-20a: SECTION 202(c) (42 U.S.C. 402(c) HUSBAND'S INSURANCE BENEFITS -- GOVERNMENT PENSION OFFSET -- ONE-HALF SUPPORT -- POOLED INCOME - **Jurisdiction:** Federal - **Kind:** Rulings - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Social Security Rulings / OASI / Husband's Insurance Benefits / SSR 84-20a ## Text 20 CFR 404.408a SSR 84-20a The issue before the Appeals Council (AC) was whether the claimant's husband's insurance benefits were subject to reduction because of his receipt of a government pension. In April 1980, the claimant's wife became entitled to OAIB and the claimant became entitled to husband's insurance benefits on her earnings record. When SSA determined that the claimant's husband's insurance benefits were subject to offset by the amount of his monthly Federal government pension, the claimant appealed. Section 202(c) of the Act provides for the payment of husband's insurance benefits if certain requirements are met. Section 404.408(a) of Regulations No. 4 provides, in pertinent part, that -- An administrative law judge (ALJ) decided that the claimant's husband's insurance benefits were not subject to offset. The ALJ noted that the claimant had received his government pension for one or more months during the period December 1977 through November 1982. The ALJ also found that the claimant met the requirements for husband's insurance benefits that were applied in January 1977, including the subsequently repealed requirement that he had been receiving at least one-half of his support from his wife when she became entitled to OAIB. As a result of these findings, the ALJ concluded that the exception to offset in § 404.408a(b) of Regulations No. 4 was applicable to the claimant. t the requirements for husband's insurance benefits that were applied in January 1977, including the subsequently repealed requirement that he had been receiving at least one-half of his support from his wife when she became entitled to OAIB. As a result of these findings, the ALJ concluded that the exception to offset in § 404.408a(b) of Regulations No. 4 was applicable to the claimant. The AC did not agree with the ALJ's decision. At the time of his wife's entitlement to OAIB, the claimant's income was $886.94 a month and his wife's income was $1,700 a month. The claimant and his wife shared equally in the total family income ($2,586.94 a month), which was used (i.e., pooled) for their living expenses. Accordingly, the cost of the claimant's support was one-half of the total family income ($1,293.47 a month). Since the claimant's own income of $886.94 a month was greater than one-half of his support from his wife at the time she became entitled to OAIB. Therefore, since the one-half support requirement was not met, the exception to offset in § 404.408a(b) of Regulations No. 4 was not applicable. Consequently, in reversing the ALJ's decision, the AC concluded that the claimant's husband's insurance benefits were subject to government pension offset. ## Nearby sections - [SSR 68-66c SSR 68-66c: Rescinded 1981](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_66c.md) - [SSR 77-26c SSR 77-26c: SECTION 202(c)(1)(C) and 202(f)(1)(D) (42 U.S.C. 402(c)(1)(C) and 402(f)(1)(D)) HUSBAND'S AND WIDOWER'S INSURANCE BENEFITS -- REQUIREMENTS FOR ENTITLEMENT -- DEPENDENCY -- CONSTITUTIONALITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_77_26c.md) - [SSR 79-36 SSR 79-36: TITLE II -- IMPLEMENTING THE DISTRICT COURT DECISION IN OLIVER VS. CALIFANO TO PAY DIVORCED HUSBANDS' BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_79_36.md) - [SSR 80-28c SSR 80-28c: SECTION 202(c)(2) (42 U.S.C. 402(c)(2)) HUSBAND'S INSURANCE BENEFITS -- GOVERNMENT PENSION OFFSET -- CONSTITUTIONALITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_80_28c.md) - [SSR 84-14c SSR 84-14c: SECTION 202(c) (42 U.S.C. 402(c)) AS AMENDED BY SECTION 334 OF PUBLIC LAW 95-216 -- HUSBAND'S INSURANCE BENEFITS -- GOVERNMENT PENSION OFFSET -- CONSTITUTIONALITY OF THE EXCEPTION PROVISION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_84_14c.md) - [SSR 84-20a SSR 84-20a: SECTION 202(c) (42 U.S.C. 402(c) HUSBAND'S INSURANCE BENEFITS -- GOVERNMENT PENSION OFFSET -- ONE-HALF SUPPORT -- POOLED INCOME](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_84_20a.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_84_20a. Check the current official text before relying on it. Not legal advice.