qualification of children not qualified under state law

qualification of children not qualified under state law Sec. 339. (a) Section 216(h) of the Social Security Act is amended by adding at the end thereof the following new paragraph: “(3) An applicant who is the son or daughter of a fully or currently insured individual, but who is not (and is not deemed to be) the child of such insured individual under paragraph (2), shall nevertheless be deemed to be the child of such insured individual if: “(A) in the case of an insured individual entitled to old-age insurance benefits (who was not, in the month preceding such entitlement, entitled to disability insurance benefits)— 79 Stat. 410 “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made not less than one year before such insured individual became entitled to old-age insurance benefits or attained age 65, whichever is earlier; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of the applicant at the time such insured individual became entitled to benefits or attained age 65, whichever first occurred; “(B) in the case of an insured individual entitled to disability insurance benefits, or who was entitled to such benefits in the month preceding the first month for which he was entitled to old-age insurance benefits— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made before such insured individual’s most recent period of disability began; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of that applicant at the time such period of disability began; “(C) in the case of a deceased individual— “(i) such insured individual— “(I) had acknowledged in writing that the applicant is his son or daughter, “(II) had been decreed by a court to be the father of the applicant, or “(III) had been ordered by a court to contribute to the support of the applicant because the applicant was his son or daughter, and such acknowledgment, court decree, or court order was made before the death of such insured individual, or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to have been the father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died.” (b) Section 202(d) of such Act is amended by inserting after “216(h)(2)(B)” the following: “or section 216(h)(3)”. 79 Stat. 411 (c) The amendments made by subsections (a) and (b) shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month in which this Act is enacted but only on the basis of an application filed in or after the month in which this Act is enacted.