A surviving child is entitled to child's insurance benefits if the conditions below are met:
The worker-parent died either fully or currently insured;
The child is the child of the deceased;
The child is:
Under age 18;
Under age 19 and a full-time elementary or secondary school student; or
Age 18 or over and under a disability as defined in §507.1 (which began before age 22); and
The child was dependent upon the deceased parent (see§§ 334-337 for the dependency "tests");
The child is not married; and
An application for child's insurance benefits is filed. (See §511 for completing application forms.)
Note: An application is not required if the child was entitled to child's insurance benefits on the deceased parent's earnings record for the month before the month in which the parent died.
The child's insurance benefit may not be payable for some months if any of the conditions below are met:
The child works and earns more than the yearly exempt amount (see §1803);
The child works outside the U.S. for more than 45 hours in a month (see §1823);
The child is an alien who is outside the U.S. for more than six calendar months in a row. For information on payments while outside the U.S., see http://www.ssa.gov/international/your_ss.html;
The insured parent had been deported, and the child is an alien who is outside the U.S. For information on payments while outside the U.S., see http://www.ssa.gov/international/your_ss.html;
The disabled child, age 18 or over, refuses to accept vocational rehabilitation services without good cause;
Note: The child's insurance benefit may be payable for all months while the disabled child is still under age 19, if a full-time student, as defined in §344.
The disabled child, age 18 or over, is married to a retirement insurance beneficiary whose benefit is not payable because of work activity;
The disabled child, age 18 or over, is married to a disability insurance beneficiary whose benefit is not payable because of refusal to accept vocational rehabilitation services without good cause;
The child is confined within the U.S. in a jail, prison, or other penal institution or correctional facility for conviction of a felony;
Note: The benefit may still be payable if the child is participating in a rehabilitation program that has been specifically approved for the child by a court of law. It must be expected that the child will be able to engage in substantial work upon release within a reasonable time.
The child does not have a Social Security Number, and the child or his or her parent, guardian, or person acting on the child's behalf refuses to apply for one; or
The child is in the United States and is neither a U.S. citizen nor an alien lawfully present.
The conditions regarding nonpayment of benefits are discussed in more detail in Chapter 18.