Rescinded 1981
SSR 68-30: [*]Section 202(d)(9).—Child's Insurance Benefits— Dependency of Child Adopted by Old-Age Insurance Beneficiary
20 CFR 404.323(a)(6)
SSR 68-30
Where a worker filed application for, and became entitled to, old-age insurance benefits in September 1964, adopted his grandchild in November 1966, and in December 1966, an application for child's insurance benefits was filed on behalf of the adopted child, held, under section 202(d)(9) of the Act, the child is deemed not to meet the dependency requirement for entitlement to child's insurance benefits because she was not the worker's natural child or stepchild, and she was not legally adopted within the 24- month period beginning with the month after the month in which the worker became entitled to old-age insurance benefits; accordingly, she is not entitled to child's insurance benefits on the worker's earnings record.
R, a fully insured worker, filed application for, and became entitled to, old-age insurance benefits in September 1964. In June 1965, R and his wife, W, took their granddaughter, C, into their home, and in August 1966 filed a petition in court for her adoption. A final order of adoption was issued on November 18, 1966. C has lived in R's household and has been supported by him continuously since June 1965.
In December 1966, W, who was under age 62, filed application for wife's insurance benefits and for child's insurance benefits on behalf of C.
In order for W to qualify for wife's insurance benefits, she must, among other requirements under section 202(b)(1) of the Act, have attained age 62, or have in her care at the time of her application is filed a child entitled to child's insurance benefits on R's earnings record. Since W is not yet age 62, she can become entitled to wife's insurance benefits only if C is entitled to child's insurance benefits on R's earnings record.
Under section 202(d)(1) of the Act, as pertinent here, a legally adopted child of a worker entitled to old-age insurance benefits can upon the filing of an application become entitled to child's insurance benefits if (in addition to other requirements not her at issue) such child:
(C) was dependent upon such individual—
(i) * * * at the time [the child's] applicant was filed * * *.
However, section 202 (d)(9) of the Act provides in pertinent part:
(9) If an individual entitled to old-age insurance benefits * * * adopts a child after such individual becomes entitled to such benefits, such child shall be deemed not to meet the requirements of clause (i) of paragraph (1)(C) [section 202(d)(1)(C)(i), supra] unless such child—
(A) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or
(B) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual became entitled to old-age insurance benefits, but only if—
(i) such child had been receiving at least one-half of his support from such individual for the year before such individual filed his application for old-age insurance benefits * * * and
(ii) either proceedings for such adoption of the child had been instituted by such individual in or before the month in which the individual filed his application for old-age insurance benefits or such adopted child was living with such individual in such month. (Emphasis added.)
In general, the provisions of section 202(d)(9) of the Act are applicable to applications for child's insurance benefits filed on or after July 30, 1965. (However, the 24-month time limit therein is not applicable in cases where the adoption occurs prior to August 1966.)
The purpose of section 202(d)(9) is to make the provisions of the Act relating to adoptions by retired workers comparable to those relating to adoptions by disabled workers and surviving spouses of deceased workers, and thus to assure that benefits will be paid to adopted children only when there is a basis for assuming that the child lost a source of support when the worker retired. Moreover, the provisions provide safeguards against the adoption of children solely to qualify them for benefits. (See Senate Report No. 404, Part I, 89th Congress, 1st Session, p. 108.)
Since the application on behalf of C was filed after July 29, 1965, the provisions of section 202(d)(9) are applicable in their entirely to this case. R became entitled to old-age insurance benefits in September.
[*]This section was numbered 202(d)(10) prior to enactment of the Social Security Amendments of 1967 (P.L. 90-248) on January 2, 1968.