child’s insurance benefits for children who are disabled before attaining age eighteen

child’s insurance benefits for children who are disabled before attaining age eighteen Sec. 101. (a) Section 202 (d) (1) of the Social Security Act is amended to read as follows: “(1) Every child (as defined in section 216 (e)) of an individual entitled to old-age insurance benefits, or of an individual who died a fully or currently insured individual after 1939, if such child— “(A) has filed application for child’s insurance benefits, “(B) at the time such application was filed was unmarried and either (i) had not attained the age of eighteen, or (ii) was under a disability (as defined in section 223 (c) which began before he attained the age of eighteen, and “(C) was dependent upon such individual at the time such application was filed, or, if such individual has died, was dependent upon such individual at the time of such individual’s death, shall be entitled to a child’s insurance benefit for each month, beginning with the first month after August 1950 in which such child becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: such child dies, marries, is adopted (except for adoption by a stepparent, grandparent, aunt, or uncle subsequent to the death of such fully or currently insured individual), attains the age of eighteen and is not under a disability (as defined in section 223 (c)) which began before he attained such age, or ceases to be under a disability (as so defined) on or after the day on which he attains age eighteen.” (b) (1) Paragraphs (3), (4), and (5) of section 202 (d) of such Act are each amended by striking out “A child” wherever it appears and inserting in lieu thereof “A child who has not attained the age of eighteen”. (2) Section 202 (d) of such Act is further amended by adding at the end thereof the following new paragraph: “(6) A child who has attained the age of eighteen and who is under a disability (as defined in section 223 (c)) which began before he attained the age of eighteen shall be deemed dependent upon his natural or adopting father, his natural or adopting mother, his stepfather, or his stepmother at the time specified in paragraph (1) (C) if the child— “(A) was or would, upon filing an application therefor, have been entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such father, mother, stepfather, or stepmother for any month before the month in which he attained the age of eighteen, or 70 Stat. 808 “(B) was, at the time specified in paragraph (1) (C), receiving at least one-half of his support from such father, mother, stepfather, or stepmother.” (c) Section 202 (h) (1) of such Act (relating to parent’s benefits) is amended by striking out “or an unmarried child under the age of eighteen deemed dependent on such individual under subsection (d) (3), (4), or (5)” and inserting in lieu thereof “an unmarried child under the age of eighteen deemed dependent on such individual under subsection (d) (3), (4), or (5), or an unmarried child who has attained the age of eighteen and is under a disability (as defined in section 223 (c)) which began before he attained such age and who is deemed dependent on such individual under subsection (d) (6)”. (d) The first sentence of section 203 (a) of such Act (relating to maximum benefits) is amended by striking out “after any deductions under this section,” each place it appears and inserting in lieu thereof “after any deductions under this section, after any deductions under section 222 (b), and after any reduction under section 224,”. (e) Section 203 (b) of such Act (relating to deductions from benefits on account of certain events) is amended by adding after paragraph (5) the following: “For purposes of paragraphs (3), (4), and (5), a child shall not be considered to be entitled to a child’s insurance benefit for any month in which an event specified in section 222 (b) occurs with respect to such child. No deduction shall be made under this subsection from any child’s insurance benefit for the month in which the child entitled to such benefit attained the age of eighteen or any subsequent month.” (f) Section 203 (d) of such Act (relating to occurrence of more than one event) is amended by inserting after “(c)” the following: “and section 222 (b)”. (g) Section 203 (h) of such Act (relating to circumstances under which deductions not required) is amended to read as follows: “Circumstances Under Which Deductions and Reductions Not Required “(h) In the case of any individual— “(1) deductions by reason of the provisions of subsection (b), (f), or (g) of this section, or the provisions of section 222 (b), shall, notwithstanding such provisions, be made from the benefits to which such individual is entitled, and “(2) any reduction by reason of the provisions of section 224 shall, notwithstanding the provisions of such section, be made with respect to the benefits to which such individual is entitled, only to the extent that such deductions and reduction reduce the total amount which would otherwise be paid, on the basis of the same wages and self-employment income, to such individual and the other individuals living in the same household.” (h) (1) The amendments made by this section, other than subsection (c), shall apply with respect to monthly benefits under section 202 of the Social Security Act for months after December 1956, but only, except as provided in paragraph (2), on the basis of an application filed after September 1956. For purposes of title II of the Social Security Act, as amended by this Act, an application for wife’s, child’s, or mother’s insurance benefits under such title II filed, by reason of this paragraph, by an individual who was entitled to benefits prior to, but not for, December 1956 and whose entitlement terminated as a result of a child’s attainment of age eighteen shall be treated as the application referred to in subsection (b), (d), and (g), respectively, of section 202 of such Act. 70 Stat. 809 (2) In the case of an individual who was entitled, without the application of subsection (j) (1) of such section 202, to a child’s insurance benefit under subsection (d) of such section for December 1956, such amendments shall apply with respect to benefits under such section 202 for months after December 1956. (3) The amendment made by subsection (c) shall apply in the case of benefits under section 202 (h) of the Social Security Act based on the wages and self-employment income of an individual who dies after August 1956.