[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Rules and Regulations]
[Pages 14606-14608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7271]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
RIN 0960-AD83
Benefits for Spouses, Mothers, Fathers, and Children
AGENCY: Social Security Administration (SSA).
ACTION: Final rules.
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SUMMARY: These final regulations make several clarifying technical
changes to correct language incorporated into the regulations when they
were recodified on June 15, 1979, which could potentially result in
confusion regarding the applicable law and SSA policy. They also make a
technical change to one section to reflect a longstanding SSA policy
and to another section to correct a cross-reference.
EFFECTIVE DATE: These regulations are effective April 26, 1999.
FOR FURTHER INFORMATION CONTACT: Lois Berg, Social Insurance
Specialist, Office of Process and Innovation Management, Social
Security Administration, L2109 West Low Rise, 6401 Security Boulevard,
Baltimore, MD 21235, (410) 965-1713 or TTY (410) 966-5609 for
information about these rules. For information on eligibility, claiming
benefits, or coverage of earnings, call our national toll-free number,
1-800-772-1213 or TTY 1-800-325-0778.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 1979, SSA published final regulations at 44 FR 34479
reorganizing and restating in simpler language the rules on
requirements for entitlement to Social Security benefits, when benefits
begin and end, how benefit amounts are determined, and how we determine
family relationships when benefits are sought as the insured
individual's dependent or survivor. The primary purpose of the
recodification was to restate the rules so that they would be easier
for the public to understand and use.
We have found that when the regulations were recodified in June
1979, the rewording of Secs. 404.332(b)(4), 404.341(b)(2), 404.361, and
the introductory text in 404.366(b) inadvertently resulted in
regulations that could be interpreted as inaccurately reflecting either
the statute or the operating policies followed by SSA. Those sections
could cause confusion regarding the applicable law and SSA policy.
Therefore, in these final regulations, we are making clarifying
technical corrections to those sections.
We are amending Sec. 404.357 to reflect a longstanding SSA policy
concerning stepchildren set forth in Social Security Ruling (SSR) 60-9,
C.B. 1960-1965, p. 128. In addition, we are amending Sec. 404.406 to
correct a cross-reference.
Explanation of Revisions
Sections 202(b)(1)(E)-(K) and 202(c)(1)(E)-(K) of the Social
Security Act (the Act) specify when wife's and husband's (``spouse's'')
benefits end, and section 202(g)(1) of the Act specifies when mother's
and father's benefits end. In these final regulations, we are amending
Secs. 404.332(b)(4) and 404.341(b)(2) to more accurately reflect
sections 202(b)(1)(I), 202(c)(1)(I) and 202(g)(1) of the Act. As
revised by the June 1979 recodification, Secs. 404.332(b)(4) and
404.341(b)(2) of the regulations may be incorrectly interpreted to mean
that the spouse's, mother's or father's benefits will terminate when
the child in that beneficiary's care becomes age 16 (unless disabled)
or is no longer entitled. This is true only if there is no other child
entitled to benefits on the
[[Page 14607]]
insured's earnings record who is under age 16 or disabled. If there is
another entitled child who is not in the care of the spouse, mother or
father, benefits are subject to deductions, but are not terminated,
when the entitled child who is in the care of the spouse, mother or
father attains age 16 or is no longer entitled. Therefore, in
Secs. 404.332(b)(4) and 404.341(b)(2), we clarify that benefits will
end when there is no longer any child of the insured under age 16 or
disabled who is entitled to benefits on the insured's record.
Section 202(d)(3) of the Act explains the circumstances under which
a child will be deemed dependent on his or her natural or adopting
parent. As revised by the June 1979 recodification, Sec. 404.361 states
that if a child is adopted by someone other than the natural parent
(``the insured'') during that natural parent's lifetime and the child
files an application for benefits after that adoption, he or she must
meet certain actual dependency requirements. This is not entirely
correct under the statute. We are amending Sec. 404.361 to address the
situation in which the insured had a period of disability that lasted
until the insured became entitled to disability or old-age benefits or
died. As amended, Sec. 404.361 will reflect that, under the Act, a
child is deemed dependent on the insured, and need not meet the actual
dependency requirements, if the child is adopted during the insured's
lifetime by someone other than the insured after the insured's
disability onset date.
We are amending the introductory text in Sec. 404.366(b) to change
the references ``Secs. 404.362 through 404.364'' shown in that section
to ``Secs. 404.362(c)(1) and 404.363.'' This will correct another
technical error which occurred in the June 1979 recodification.
In order to be entitled to child's benefits, section 202(d)(1)(C)
of the Act requires that an individual must be dependent (or deemed
dependent) upon the insured individual at a particular time, (e.g., at
the time the child applies for benefits). To meet this requirement,
certain children are required by the Act to have been receiving ``one-
half support'' from the insured individual at that time. To determine
if that condition is met, SSA determines whether the insured was
providing one-half support for a ``reasonable period'' prior to the
applicable time. As stated in Sec. 404.366(b), ordinarily, we consider
a reasonable period to be the 12-month period immediately preceding the
time when one-half support must be met. However, based on
Sec. 404.366(b), in some situations, SSA may set a reasonable period at
less than 12 months.
In the June 1979 recodification, the introductory text in
Sec. 404.366(b) referred to ``Secs. 404.362 through 404.364''
concerning the reasonable period for meeting the one-half support
requirement for a child. These references were over-inclusive because
Secs. 404.362(b) and 404.364 reflect sections 202(d)(8) and (9) of the
Act which mandate that dependency must be met by certain child
claimants for the entire one-year period before the applicable time.
The statutorily mandated period applies to a child age 18 or over who
is adopted after the insured individual's entitlement and to a
grandchild or stepgrandchild (except for those born during the
applicable one-year period). SSA may not set a shorter period in these
two situations. The revised references to Secs. 404.362(c)(1) and
404.363 reflect that SSA may set a shorter period for children adopted
by the insured's surviving spouse, and for the insured's stepchildren.
The statute does not require dependency for an entire one year period
for these children, and the ``reasonable period'' rules apply in
determining whether one-half support is met for them.
We are also amending Sec. 404.357 to reflect the longstanding SSA
policy that a child conceived before and born after the marriage of the
child's parent to an insured individual may be entitled as the
stepchild of the insured, if the insured is not the child's natural
parent. This policy is set forth in SSR 60-9, C.B. 1960-1965, p. 128.
Finally, we are amending Sec. 404.406 to correct a technical error.
We are changing the reference in the second sentence from Sec. 404.607
to Sec. 404.603, which is the correct reference.
Regulatory Procedures
Justification for Final Rules
Pursuant to section 702(a)(5) of the Act, SSA follows the
Administrative Procedure Act (APA) rulemaking procedures specified in 5
U.S.C. 553 in the development of its regulations. The APA provides
exceptions to its notice and public comment procedures when an agency
finds there is good cause for dispensing with such procedures because
they are impracticable, unnecessary, or contrary to the public
interest. We have determined that, under 5 U.S.C. 553(b)(B), good cause
exists for waiver of the notice of proposed rulemaking and public
comment procedures for these amendments to our regulations. Opportunity
for public comment prior to the effectuation of the amendments is
unnecessary. These amendments to the regulations contain no changes in
SSA policy and only make clarifying technical changes that would
correct inadvertent errors, would reflect more accurately provisions in
sections 202(b)(1)(I), 202(c)(1)(I), 202(d)(1)(C), 202(d)(3), (8) and
(9), 202(g)(1) and 216(e) of the Act and would reflect a longstanding
SSA policy set forth in SSR 60-9, C.B. 1960-1965, p. 128. We believe
that the public would have little interest in these minor, technical
amendments. Therefore, we are issuing these changes to our regulations
as final rules.
Regulatory Flexibility Act
We certify that these final regulations will not have a significant
economic impact on a substantial number of small entities because they
affect only individuals. Thus, a regulatory flexibility analysis as
provided in the Regulatory Flexibility Act, as amended, is not
required.
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that these rules do not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, they
were not subject to OMB review. We have also determined that these
rules meet the plain language requirement of Executive Order 12866 and
the President's memorandum of June 1, 1998.
Paperwork Reduction Act
These regulations impose no reporting/recordkeeping requirements
necessitating clearance by OMB.
(Catalog of Federal Domestic Assistance Program No. 96.001 Social
Security--Disability Insurance; 96.002 Social Security--Retirement
Insurance; and 96.004 Social Security--Survivors Insurance.)
List of Subjects in 20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability Insurance, Reporting and
recordkeeping requirements, Social security.
Dated: March 16, 1999.
Kenneth S. Apfel,
Commissioner of Social Security.
For the reasons set forth in the preamble, subparts D and E of part
404 of chapter III of title 20 of the Code of Federal Regulations are
amended as set forth below.
[[Page 14608]]
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart D--[Amended]
1. The authority citation for subpart D of part 404 continues to
read as follows:
Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225,
228(a)-(e), and 702(a)(5) of the Social Security Act (42 U.S.C. 402,
403(a) and (b), 405(a), 416, 423, 425, 428(a)-(e), and 902(a)(5)).
2. Section 404.332 is amended by revising paragraph (b)(4) to read
as follows:
Sec. 404.332 When wife's and husband's benefits begin and end.
* * * * *
(b) * * *
(4) If you are under age 62, there is no longer a child of the
insured who is under age 16 or disabled and entitled to child's
benefits on the insured's earnings record. (See paragraph (c) of this
section if you were entitled to wife's or husband's benefits for August
1981 on the basis of having a child in care.) (If you no longer have in
your care a child who is under age 16 or disabled and entitled to
child's benefits on the insured's earnings record, your benefits may be
subject to deductions as provided in Sec. 404.421.)
* * * * *
3. Section 404.341 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 404.341 When mother's and father's benefits begin and end.
* * * * *
(b) * * *
(2) There is no longer a child of the insured who is under age 16
or disabled and entitled to a child's benefit on the insured's earnings
record. (See paragraph (c) of this section if you were entitled to
mother's or father's benefits for August 1981.) (If you no longer have
in your care a child who is under age 16 or disabled and entitled to
child's benefits on the insured's earnings record, your benefits may be
subject to deductions as provided in Sec. 404.421.)
* * * * *
4. Section 404.357 is amended by adding a new sentence following
the first sentence to read as follows:
Sec. 404.357 Who is the insured's stepchild?
* * * You also may be eligible as a stepchild if you were conceived
prior to the marriage of your natural parent to the insured but were
born after the marriage and the insured is not your natural parent. * *
*
5. Section 404.361 is revised to read as follows:
Sec. 404.361 When a natural child is dependent.
(a) Dependency of natural child. If you are the insured's natural
child, as defined in Sec. 404.355, you are considered dependent upon
him or her, except as stated in paragraph (b) of this section.
(b) Dependency of natural child legally adopted by someone other
than the insured.
(1) Except as indicated in paragraph (b)(2) of this section, if you
are legally adopted by someone other than the insured (your natural
parent) during the insured's lifetime, you are considered dependent
upon the insured only if the insured was either living with you or
contributing to your support at one of the following times:
(i) When you applied;
(ii) When the insured died; or
(iii) If the insured had a period of disability that lasted until
he or she became entitled to disability or old-age benefits or died, at
the beginning of the period of disability or at the time he or she
became entitled to disability or old-age benefits.
(2) You are considered dependent upon the insured (your natural
parent) if:
(i) You were adopted by someone other than the insured after you
applied for child's benefits; or
(ii) The insured had a period of disability that lasted until he or
she became entitled to old-age or disability benefits or died, and you
are adopted by someone other than the insured after the beginning of
that period of disability.
6. Section 404.366 is amended by revising the sixth sentence of the
introductory text in paragraph (b) to read as follows:
Sec. 404.366 ``Contributions for support,'' ``one-half support,'' and
``living with'' the insured defined--determining first month of
entitlement.
* * * * *
(b) * * * Ordinarily we consider a reasonable period to be the 12-
month period immediately preceding the time when the one-half support
requirement must be met under the rules in Secs. 404.362(c)(1) and
404.363 (for child's benefits), in Sec. 404.370(f) (for parent's
benefits) and in Sec. 404.408a(c) (for benefits where the Government
pension offset may be applied). * * *
* * * * *
7. The authority citation for subpart E of part 404 continues to
read as follows:
Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c),
222(b), 223(e), 224, 225, and 702(a)(5) of the Social Security Act
(42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 422(b), 423(e),
425, and 902(a)(5)).
8. Section 404.406 is amended by revising the second sentence to
read as follows:
Sec. 404.406 Reduction of maximum because of retroactive effect of
application for monthly benefits.
* * * An application may also be effective (retroactively) for
benefits for months before the month of filing (see Sec. 404.603). * *
*
[FR Doc. 99-7271 Filed 3-25-99; 8:45 am]
BILLING CODE 4190-29-P
