Pub. L. 89-97, tit. III, sec. 306
payment of child’s insurance benefits after attainment of age 18 in case of child attending school
payment of child’s insurance benefits after attainment of age 18 in case of child attending school Sec. 306. (a) Section 202(d)(1)(B) of the Social Security Act is amended to read as follows: “(B) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time student and had not attained the age of 22, or (ii) is under a disability (as defined in section 223(c)) which began before he attained the age of 18, and”. 79 Stat. 371 (b) (1) So much of the first sentence of section 202(d)(1) of such Act as follows subparagraph (C) is amended to read as follows: “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 whichever of the following first occurs— “(D) the month in which such child dies, marries, or is adopted (except for adoption by a stepparent, grandparent, aunt, or uncle subsequent to the death of such fully or currently insured individual), “(E) the month in which such child attains the age of 18, but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time student during any part of such month, “(F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier ot— “(i) the first, month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, or “(G) if such child was under a disability (as so defined) at the time he attained the age of 18, the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22.” (2) The second sentence of section 202(d)(1) of such Act is repealed. (3) Section 202(d) of such Act is further amended by adding at the end thereof the following new paragraphs: “(7) A child whose entitlement to child’s insurance benefits on the basis of the wages and self-employment, income of an insured individual terminated with the month preceding the month in which such child attained the age of 18, or with a subsequent month, may again become entitled to such benefits (provided no event specified in paragraph (1)(D) has occurred) beginning with the first month thereafter in which he is a full-time student and has not attained the age of 22 if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs: The first month during no part of which he is a full-time student, the month in which he attains the age of 22, or the first month in which an event specified in paragraph (1)(D) occurs. “(8) For the purposes of this subsection— “(A) A ‘full-time student’ is an individual who is in full-time attendance as a student at an educational institution, as determined by the Secretary (in accordance with regulations prescribed by him) in the light of the standards and practices or the institutions involved, except that no individual shall be considered a ‘full-time student’ if he is paid by his employer while attending an educational institution at the request, or pursuant to a requirement, of his employer. “(B) Except to the extent provided in such regulations, an individual shall be deemed to be a full-time student during any period of nonattendance at an educational institution at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) he shows to the satisfaction of the Secretary that he intends to continue to be in full-time attendance at an educational institution immediately following such period. An 79 Stat. 372individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at an educational institution immediately following such period. “(C) An ‘educational institution’ is (i) a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof, or (ii) a school or college or university which has been approved by a State or accredited by a State-recognized or nationally-recognized accrediting agency or body, or (hi) a non-accredited school or college or university whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited.” (c) (1) Section 202 of such Act is amended by inserting immediately after subsection (r) the following new subsection: “Child Aged 18 or Over Attending School “(a) (1) For the purposes of subsections (b)(1), (g)(1), (q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4) of section 203(c), a child who is entitled to child’s insurance benefits under subsection (d) for any month, and who has attained the age of 18 but is not in such month under a disability (as defined in section 223(c)) which began before he attained such age, shall be deemed not entitled to such benefits for such month, unless he was under such a disability m the third month before such month. “(2) Subsection (f)(4), and so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as precedes the semi-colon, shall not apply in the case of any child unless such child, at the time of the marriage referred to therein, was under a disability (as defined in section 223 (c)) which began before such child attained the age of 18 or had been under such a disability in the third month before the month in which such marriage occurred. “(3) Subsections (c)(2)(B) and (f)(2)(B) of this section, so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as follows the semicolon, the last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections (b)(3)(B), (c)(6)(B), (f)(3)(B), and (g)(6)(B) of section 216 shall not apply in the case of any child with respect to any month referred to therein unless in such month or the third month prior thereto such child was under a disability (as defined in section 223(c)) which began before such child attained the age of 18.” (2) So much of subsection (c)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (3) So much of subsection (d)(6) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (4) So much of subsection (e)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (5) So much of subsection (f)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. 79 Stat. 373 (6) So much of subsection (f)(4) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (7) So much of the first sentence of subsection (g)(1) of such section 202 as follows subparagraph (F) is amended by inserting “(subject to subsection (s))” after “shall”. (8) So much of subsection (g)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (9) So much of subsection (h)(4) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (10) The next to last sentence of subsection (c) of section 203 of such Act is amended by striking out “for any month in which” and inserting in lieu thereof “for any month in which paragraph (1) of section 202 (s) applies or”. (11) The last sentence of subsection (c) of such section 203 is amended by striking out “No” and inserting in lieu thereof “Subject to paragraph (3) of such section 202 (s), no”. (12) The last sentence of subsection (f)(1) of such section 203 is amended by inserting “but subject to section 202 (s)” after “Notwithstanding the preceding provisions of this paragraph”. (13) Subsections (b), (c), (f), and (g) or section 216 of such Act are each amended by inserting before the period at the end thereof “(subject, however, to section 202 (s))”. (14) Section 222(b) of such Act is amended by adding at the end thereof the following new paragraph: “(4) The provisions of paragraph (1) shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (15) Section 225 of such Act is amended by adding at the end thereof the following new sentence: “The first sentence of this section shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for months after December 1964; except that— (1) in the case of an individual who was not entitled to a child’s insurance benefit under subsection (d) of such section for the month in which this Act is enacted, such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted, and (2) no monthly insurance benefit shall be payable for any month before the second month following the month in which this Act is enacted by reason of section 202(d)(1)(B)(ii) of the Social Security Act. as amended by this section.