Pub. L. 85-840, tit. III, sec. 304
eligibility for parent’s insurance benefits
eligibility for parent’s insurance benefits Provisions Relating to Eligibility Sec. 304. (a) (1) So much of section 202 (h) (1) of the Social Security Act as precedes subparagraph (A) is amended to read as follows: “(1) Every parent (as defined in this subsection) of an individual who died a fully insured individual after 1939, if such parent—”. (2) The amendment made by this subsection shall apply with respect to monthly benefits under section 202 of the Social Security Act for months beginning after the date of enactment of this Act, but only if an application for such benefits is filed on or after such date. Deaths Before Effective Date (b) Where— (1) one or more persons were entitled (without the application of section 202 (j) (1) of the Social Security Act) to monthly benefits under section 202 of such Act for the month in which this Act is enacted on the basis of the wages and self-employment income of an individual; and (2) a person is entitled to a parent’s insurance benefit under section 202 (h) of the Social Security Act for any subsequent month on the basis of such wages and self-employment income and such person would not be entitled to such benefit but for the enactment of this section; and (3) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act on the basis of such wages and self-employment income for such subsequent month are reduced by reason of the application of section 203 (a) of such Act, then the amount of the benefit to which each such person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall be increased, after the application of such section 203 (a), 72 Stat. 1030to the amount it would have been if no person referred to in paragraph (2) of this subsection was entitled to a parent’s insurance Benefit for such subsequent month on the basis of such wages and self-employment income. Proof of Support in Cases of Deaths Before Effective Date (c) In the case of any parent who would not be entitled to parent’s benefits under section 202 (h) of the Social Security Act except for the enactment of this section, the requirement in such section 202 (h) that proof of support be filed within two years of the date of death of the insured individual referred to therein shall not apply if such proof is filed within the two-year period beginning with the first day of the month after the month in which this Act is enacted.