20 CFR 404.320(c)(3)
C, age 20, the daughter of a deceased insured worker, entitled to benefits as a student, attended X University as a full-time student from January 1966 to June 1966. In the following month she enrolled in Y University for a summer course, carrying a total of ten and a half credit hours. Y University requires that a student carry twelve credit hours in a quarter in order to be considered a full-time student. However, she fully intended to resume full-time attendance in October 1966 and maintained this intent during each of the months July through October 1966. Commencing October 1966, she again enrolled at Y University but carried only eleven credit hours. Beginning with the January 1967 quarter, she carried sixteen credit hours, a full-time academic load.
Section 202(d)(1) of the Social Security Act provides, as pertinent here, for the payment of child's insurance benefits to a child of a deceased insured individual if such child is over the age of 18, is a full-time student and has not attained the age of 22.
The term "full-time student" is defined in section 202(d)(7)(A) of the Social Security Act, in pertinent part, as:
In the case of a college student the term "full-time attendance" means a student at an educational institution who is enrolled in a noncorrespondence course and is carrying a subject load which is considered full-time for day students under the institution's standards and practices. In addition, the course of study must be of not less than 13 school weeks' duration. (Section 404.320(c)(2) of the Social Security Administration Regulations No. 4 (20 CFR 404.320(c)(2)).)
Section 202(d)(1)(F) of the Act provides, in pertinent part, that entitlement as a student to child's insurance benefits ends with the month preceding the first month during no part of which the child is a full-time student.
The question to be resolved is whether C is entitled to child's insurance benefits for any month or months after June 1966 and before January 1967, during no part of which she was a full-time student under the standards and practices of the institution involved but was in part-time attendance for all of such period. All other requirements were met.
Section 404.320(c)(3) of Social Security Administration Regulations No. 4 (20 CFR 404.320(c)(3)), implementing section 202(d)(7)(B) of the Act, provides,
Section 404.320(c)(2) of the Regulations also provides that a student whose full-time attendance begins or ends in a month is in full-time attendance for that month.
As indicated by the preceding portions of the Social Security Act and Regulations, the duration of a period of nonattendance during which a child may be deemed a full-time student is limited to a maximum of 4 consecutive calendar months. However, to qualify as a full-time student during one or more months of such 4-month period, the child must have previously established an intent to be in full-time attendance in the month immediately after such period, or actually have entered full-time attendance in the month immediately following such period. In the instant case, C was in full-time attendance from January 1966 through at least a portion of June 1966 and again in January 1967. C, having established her intent to resume full-time attendance in October 1966, may be deemed a full-time student for the months of July, August, September, and October 1966. However, since she enrolled for the fall semester in October in a course of study which the school did not consider full-time, she was not, nor was she deemed to be a full-time student during November and December.
Accordingly, it is held that C may be deemed to have been in full-time attendance during July, August, September, and October 1966 and entitled to benefits for such months, and since she was not a full-time student in November and December 1966, she is not entitled to benefits for these months.