In October 1958, M filed an application for parent's insurance benefits based on the earnings record of her son, A, who had died on September 15, 1958. M met all other requirements of section 202(h) of the Social Security Act for entitlement to parent's insurance benefits but must establish that she had been receiving at least one-half of her support from A at the time of his death.
Regulations No. 4, § 404.332 states:
In determining whether the one-half support requirement is met, the support situation during a reasonable period immediately preceding the insured individual's death is considered. Generally, a year prior to death is considered to be a reasonable period if the support situation did not change within that period.
During the year before A died, M had lived with him and his wife in A's home which had a rental value of $720 per year; the cost of utilities was $175; the cost of food was $1,300; making a total of $2,195 for the three members of the household. In addition, M had expenses of $18 for medicine, $25 for clothing, $17.40 for burial insurance, and $60 for life insurance, for a total of $120.40.
The cost of M's support is her proportionate share of the rental value of the home, utilities, and food (1/3 of $2,195 or $731.66) in addition to her own personal expenses ($120.40). Thus the cost of M's support for the year prior to A's death was $825.06. During that year, M received old-age assistance payments in the amount of $383, which represents her contribution to the cost of her own support. The balance of her support ($469.06) was provided by A.
Since A provided more than one-half the cost of M's support and all other requirements are met, M is entitled to the parent's insurance benefits for which she applied.
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