339. When are child's insurance benefits NOT payable (or only partly payable)?

A child's insurance benefits may not be payable or may be payable only in part if any of the conditions below are met:

1. Some or all of the parent's retirement insurance benefits are not payable because the parent is under age 70, works, and earns more than the exempt amount (see §1803); or works outside the U.S. for more than 45 hours in a month (see §1823);

2. The child works and earns over the exempt amount (see §1803) or works outside the U.S. for more than 45 hours in a month (see §1823);

3. The parent has been deported or removed from the U.S. and the child is an alien who is outside the U.S.(see §1842). For information on payments while outside the U.S., see www.socialsecurity.gov/international/your_ss.html;

4. The child is neither a citizen nor an alien lawfully present in the U.S. For information on payments while outside the U.S., see www.socialsecurity.gov/international/your_ss.html;

5. 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 www.socialsecurity.gov/international/your_ss.html;

6. The child is an alien living in a country where it is not permitted to mail U.S. Government checks (see §1848). For information on payments while outside the U.S., see www.socialsecurity.gov/international/your_ss.html;

7. The parent or child was granted a tax exemption as a member of a religious group opposed to insurance (see §§1128-1129);

8. The parent is receiving disability insurance benefits which are subject to offset because of workers' compensation payments; or

9. The child is entitled to childhood disability benefits and is married to a retirement insurance beneficiary whose benefit is not payable because he or she is working;

10. The child is confined within the U.S. to a correctional institution for more than 30 continuous days, as a result of a conviction of a criminal offense or a court of competent jurisdiction issues a verdict, finding or a ruling that declares the child is:

    • guilty but insane with respect to a criminal offense;

    • not guilty of such a criminal offense by reason of insanity;

    • incompetent to stand trial under an allegation of a criminal offense;

    • determined to have a similar verdict or finding with respect to a criminal offense based on similar factors (such as mental disease, mental defect or mental incompetence) and

    the child is confined to an institution at public expense for more than 30 continuous days;

    or

    Immediately upon completion of confinement in a correctional institution (confinement in the correctional institution was based on a crime; an element of which was sexual activity), the child is confined by court order to an institution for more than 30 continuous days at public expense because he/she was determined to be a sexually dangerous person or a sexual predator or similar finding.

11. A court imposed an additional penalty upon conviction of the child of subversive activities. (See §1837).

12. The child has an outstanding warrant for a crime or attempted crime that carries a penalty of death or imprisonment for more than one year, or an outstanding warrant for a Federal or State probation or parole violation.

(The provisions regarding nonpayment of benefits are explained in Chapter 18.)

Last Revised: Oct. 24, 2005