titled to a child's insurance benefit shall be re-entitled to such benefit if such child has filed application, has not married or been adopted (with certain exceptions), is a full-time student, and has not attained the age of 22. The payment of benefits to a child-student is effective no earlier than January 1965, as provided in section 306(d) of P.L. 89–97. A certification submitted by the Registrar of X University indicated that although C had been enrolled during the period September 1964 through September 1965, she was not in full-time attendance prior to September 1965. Accordingly, in a determination dated December 28, 1965, child's insurance benefits were awarded to C beginning with the month of September 1965. On January 17, 1966, W filed a request for reconsideration, contending that on the basis of C's continuous attendance at the school, C should also be entitled to benefits for the months of January through August 1965. Thus, all other requirements having been met, the question to be resolved is whether C was a "full-time student," as required by section 202(d) (1) of the Act, during the months January through August 1965. The term "full-time student" is defined in section 202(d) (8) of the Act in pertinent part, as: “(A) a student in an individual who is in full-time attendance as at an educational institution, as determined by the Secretary * the light of the standards and practices of the institutions involved “(B) *** an individual shall be deemed to be a full-time student during any period of non attendance 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 individual 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." The Social Security Administration bases its determination as to whether a child is a "full-time student" on section 202 (d) (8) (A) of the Act. Under this authority, which requires reference to "the standards and practices of [each of] the institutions involved", the Administration with respect to junior colleges, colleges, and universities generally accepts the school's determination as to whether a claimant is in full-time attendance. Here, University X enrolls students and conducts classes on a semester basis, and to be considered a full-time student the university requires enrollment in 12 semester hours. C was enrolled in 7 semester hours during the term beginning September 15, 1964, and ending in January 1965; for 10 semester hours in the term ending May 28, 1965; for 3 semester hours during the summer term and for 13 semester hours for the term beginning September 14, 1965. Therefore, the university did not consider her a fulltime student prior to September 14, 1965. Since C was not in full-time attendance during the semester which ended in May 1965, she could not be deemed a "full-time student" during June-August 1965, the period of not more than 4 calendar months referred to in section 202(d) (8) (B) of the Act. Accordingly, it is held that C was not a "full-time student" from January through August 1965, and therefore is not entitled to child's insurance benefits for months prior to September 1965. SECTIONS 202(d)(1)(B) and 202 (d) (7) *.—CHILD'S INSURANCE BENEFITS FULL-TIME ATTENDANCE AT EVENING HIGH SCHOOL -20-HOUR PER WEEK REQUIREMENT 20 CFR 404.320 (c) (1) and (2) HABERMAN v. GARDNER, 296 F Supp. (S.D.N.Y., 1969) SSR 69-33c Plaintiff's daughter was enrolled in a fully accredited college preparatory program in an evening high school. Her scheduled classroom hours were approximately 161⁄2 hours a week. Held, since the daughter's scheduled attendance was at the rate of less than 20 hours per week, as required under § 404.320(c) (2) of Social Security Administration Regulations No. 4 (20 CFR 404.320(c) (2)), she did not meet the "full-time attendance" requirement to qualify as a "full-time student," under section 202(d) of the Act. It is immaterial that she was otherwise a full-time student. Further held, the 20-hour attendance requirement is consistent with the intent of Congress. RYAN, District Judge: Plaintiff filed this suit on September 8, 1967 under Section 205 (g) of the Social Security Act (Title 42 U. S. C. Section 405g), to review a final decision of the defendant which held that she was not entitled to insurance benefits under Section 202 (d) (1) (B) of the Social Security Act (Title 42 U. S. C. section 402(d) for her daughter, Ellen. The suit challenges the administrative determination that Ellen was not a bonafide, full-time, high school student qualified for student benefits under the statute for the period from April 1966 through June 1967. Plaintiff moves for summary judgment reversing defendant's determination. There is no factual issue for the parties have agreed that there is no genuine issue of material fact and that plaintiff's Rule 9(g) statement is complete and correct. I accept this Rule 9(g) statement as stipulated and annex a copy of it.1 The sole issue of law presented is whether on the entire administrative record the defendant's determination is correct. The denial of student benefits for Ellen by the Social Security Administration is predicated upon the undisputed fact that although she was a duly enrolled student at a New York State Regent fully accredited college prepara *Section 151 (c) of the 1967 Social Security Amendments (P.L. 90-248) renumbered section 202 (d) (8) of the Act (42 U.S.C. 402 (d) (8)) as section 202 (d) (7). 1Copy attached [not included herewith-Ed.]. tory program in the Rhodes School's evening high school session, her scheduled classroom hours, including compulsory laboratory work, was approxi mately 161⁄2 hours a week. It was, therefore, held that since Ellen's scheduled classroom attendance was less than 20 hours a week, she did not meet the "full time attendance" provisions of Social Security Administration Regulation No. 4, Section 404.320 (c) (2), 20 C. F. R. 404.320 (c) (2) 2and could not qualify as a "full time student" under the provisions of Section 202 (d) of the Act, 42 U. S. C. 402 (d) (8) (B).3 It is argued on behalf of plaintiff that Ellen is within the class of students which Congress intended to assist by the Social Security Amendments of 1965 [approved July 30, 1965; Public Law 89-97, Section 306(b) (3)] and that the "twenty hour rule" of the Administrative agency regulation (404.320 (c) (1) and (2) has not been rationally applied, and that the facts render the regulation inapplicable to the claim here rejected. I agree with defendant's contentions and reluctantly have concluded that the rejection of this claim must be affirmed. The Congress left the determination of what constitutes "full-time attendance" under the statute to the Secretary. The legislative history of this 1965 amendment shows that the Congress intended that it be liberally construed (See Senate Report No. 404, June 30, 1965, 1965 U.S. Code Cong. & Adm. News, Vol. I, p. 2037) but it recognized the need for the establishment of minimum standards which would, of necessity, be national and impartial in scope and application. 2 Social Security Administration Regulations-20 C. F. R. 404.320 (c) (1) and (2). (1) Full-Time Student. The term "full-time student" means a student who is in full-time attendance (as defined in subparagraph (2) of this paragraph) at an educational institution.... (2) Full-Time Attendance. Ordinarily, a student is in "full-time attendance" at an educational institution if he is enrolled in a noncorrespondence course and is carrying a subject load which is considered full-time for day students under the institution's standards and practices. However, a student will not be considered in "full-time attendance" (i) if he is enrolled in a junior college, college, or university in a course of study of less than 13 school weeks' duration or (ii) if he is enrolled in any other educational institution and either the course of study is less than 13 school weeks' duration or his scheduled attendance is at the rate of less than 20 hours a week. A student whose full-time attendance begins or ends in a month is in full-time attendance for that month. 3 Section 202 (d), 42 U. S. C. 402 (d) (1); (B); (8) (A). § 202(d) (1) Every child [shall be entitled to a child's insurance benefit] if such child (B) ... was unmarried and (1) tained the age of 22 was a full-time student and had not at (8) (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 of 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. Section 402(8) (A) provides that a "full-time student" is "an individual who is in full-time attendance at an educational institution as determined by the Secretary (in accordance with regulations prescribed by him) in the light of standards and practices of the institutions involved. . . .” The Secretary, when drafting Regulation 404.320 (c) (2), recognized that school locations and facilities, school requirements, hours of attendance, and standards and practices of the various institutions would vary according to the residence of the student beneficiary. To meet these conditions and to permit of a just and fair national application of the regulation, we find that the very first word of the regulation “Ordinarily” lays down a policy of liberality as the statute requires. That this sentence is narrowed by the definition of "full-time student" as one who is so engaged for a minimum of 20 weekly hours, does not do violence to the definition or to the liberal purpose of the statute. The minimum standards set by the Secretary, judged in the light of his experience and the administrative expertise of the agency, are found to be reasonable and fully consonant with the Congressional policy. In fact, they are well below the minimum established throughout most of the States of the nation. The plaintiff's daughter Ellen did not meet the required 20 hours of weekly scheduled attendance; that she was otherwise a full-time student is immaterial. While it might be argued that an injustice results in her particular case because of a shortage of but 31⁄2 hours in weekly scheduled attendance, neither she nor the Rhodes School may set the standards, educationally adequate as they may be. If this were permitted, the entire purpose of the regulation might easily be thwarted. A regulation destined for widespread application cannot possibly meet all situations-appealing as they may be. A minimum standard of eligibility is essential; it clearly cannot be said that the minimum here is unrealistic. We conclude that the regulation carries out the Congressional policy. The Court may not disturb it to fit a particular case. (Keller v. Gardner, 370 F. 2d 554 (2nd Cir, 1966); SSR 67–36c, C.B. 1967, p. 51]; American Power Light Co. v. Securities and Exchange Commission, 329 U.S. 90.) Plaintiff's motion denied; defendant's motion dismissing the complaint upon the merits and affirming the defendant's determination is granted without costs. [*] Not included. [Ed.] *The decision in Haberman v. Gardner was reversed by the Second Circuit Court of Appeals (Haberman v. Finch) on October 28, 1969, wherein the court concluded that the 20-hour rule for determining "full-time attendance" of a student should not apply in certain very limited situations. [Ed.] SECTION 202 (d) (7).-CHILD'S INSURANCE BENEFITS-FULL-TIME ATTENDANCE AT MEDICAL ASSISTANTS SCHOOL-20-HOUR PER WEEK REQUIREMENT 20 CFR 404.320 (c) (2) SSR 69-44 The 18-year-old child of a deceased fully insured worker enrolled on a full-time basis under the school's standards and practices in a vocational school approved by a State agency. Classroom instruction was scheduled for a total of 15 hours per week for more than 13 weeks. Application was filed for child's insurance benefits under the provisions of the Social Security Act, as amended. Held, although the course of study exceeded 13 weeks' duration, the child's scheduled attendance was at the rate of less than 20 hours per week; therefore, the child was not in "full-time attendance" at a school within the meaning of section 404.320(c)(2) of the Social Security Administration Regulations No. 4 and accordingly, is not a "full-time student" within the meaning of the Act for entitlement to child's insurance benefits. C, born in October 1949, enrolled September 1967 and attended a course of instruction at the X College of Medical Assistants, a school fully approved as a learning institution by the State of California. Classroom instruction of 3 hours daily was provided, a total of 15 hours per week. During this period, C lived at home and generally spent 3 to 4 hours daily in preparing homework, doing research, and preparing for class. The issue involved is whether C was in full-time attendance at the school for medical assistants within the meaning of section 202 (d) (7) (A) of the Act and § 404.320 (c) (2) of Social Security Administration Regulations No. 4 (20 CFR 404.320 (c) (2)). All other requirements were met for entitlement to child's insurance benefits as a student. Section 202 (d) (7) (A) of the Act, as amended, provides in pertinent part that: 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 of the institutions involved Section 202 (d) (7) (C) of the Act, as amended, provides as pertinent here, that an educational institution is a school or college or university which has been approved by a State. Section 404.320 (c) (2) of the Social Security Administration Regulations No. 4 (20 CFR 404.320 (c) (2) defines full-time attendance as follows: Ordinarily, a student is in "full-time attendance" at an educational institution if he is enrolled in a noncorrespondence course and is carrying a subject load which is considered full-time for day students under the institution's standards and practices. However, a student will not be considered in "full-time attendance" (i) if he is enrolled in a junior college, college, or university in a course of study of less than 13 school weeks' duration or, (ii) if he is enrolled in any other educational institution and either the course of study is less than 13 school weeks' duration or his scheduled attendance is at the rate of less than 20 hours a week. A student whose "full-time attendance" begins or ends in a month is in "full-time attendance" for that month. C clearly established that the duration of her attendance from September 1967 through February 1963 satisfies the requirement of a course of study in |