Section 101 (21) of title 38, United States Code (formerly section 102 of the Servicemen's and Veterans' Survivor Benefits Act), provides as pertinent here that: (21) The term "active duty" means- (D) Service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy Section 210(m) of the Social Security Act provides as pertinent here that: The term "member of a uniformed service" includes (3) a cadet at the United States Military Academy, a midshipman at the United States Naval Academy, and a cadet at the United States Coast Guard Academy or United States Air Force Academy Since C, as a midshipman at the United States Naval Academy, is a "member of a uniformed service" on "active duty," his attendance at the Academy is included in the term "employment" within the meaning of section 210(1) (1) of the Act, and accordingly, he is an employee of the United States. Further, as a midshipman at the United States Naval Academy, he is entitled to basic pay at a monthly rate specified by law (37 United States Code § 201 (c)), and upon admission to the Academy he was required to sign an agreement that, unless sooner separated, he would complete the course of instruction at the Naval Academy (10 United States Code § 6959 (a) (1)). Based on the foregoing, it is concluded that C is paid by his employer, the United States, while attending an educational institution, the Naval Academy, pursuant to a requirement of his employer. Accordingly, it is held that C is not a "full-time student" within the meaning of section 202 (d) (8) (A) of the Act; therefore, he is not entitled to child's insurance benefits. SECTION 202 (d) (7) (B).-CHILD'S INSURANCE BENEFITS-DUR. ATION OF PERIOD OF DEEMED FULL-TIME SCHOOL ATTENDANCE 20 CFR 404.320 (c) (3) SSR 68-69 The child-beneficiary, as a full-time student, was in full-time attendance at X University from January through June 1966. In the following month she enrolled for a summer course at Y University but only on a part-time basis. She intended to resume full-time attendance in October and maintained this intent during each of the months July through October 1966. However, in October she enrolled for courses on less than a full-time basis and continued her part-time attendance through December 1966. Held. (1) the child is deemed to have been a "full-time student" under section 202 (d) (7) (B) of the Social Security Act and regulations thereunder, for the 4-month period July through October, based on her prior full-time attendance and her continuous intent to resume full-time attendance within or immediately after such 4-month period, and accordingly is entitled to benefits for those months; and (2) since she was not in full-time attendance during November and December, she is not entitled to benefits for those months. C, age 20, the daughter of a deceased insured worker, entitled to benefits as a student, attended X University as a full-time student from January 1966 to June 1966. In the following month she enrolled in Y University for a summer course, carrying a total of ten and a half credit hours. Y University requires that a student carry twelve credit hours in a quarter in order to be considered a full-time student. However, she fully intended to resume full-time attendance in October 1966 and maintained this intent during each of the months July through October 1966. Commencing October 1966, she again enrolled at Y University but carried only eleven credit hours. Beginning with the January 1967 quarter, she carried sixteen credit hours, a full-time academic load. Section 202 (d) (1) of the Social Security Act provides, as pertinent here, for the payment of child's insurance benefits to a child of a deceased insured individual if such child is over the age of 18, is a full-time student and has not attained the age of 22. The term "full-time student" is defined in section 202 (d) (7) (A) of the Social Security Act, in pertinent part, as: 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. In the case of a college student the term "full-time attendance" means a student at an educational institution who 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. In addition, the course of study must be of not less than 13 school weeks' duration. (Section 404.320 (c) (2) of the Social Security Administration Regulations No. 4 (20 CFR 404.320 (c) (2)).) Section 202 (d) (1) (F) of the Act provides, in pertinent part, that entitlement as a student to child's insurance benefits ends with the month preceding the first month during no part of which the child is a full-time student. The question to be resolved is whether C is entitled to child's insurance benefits for any month or months after June 1966 and before January 1967, during no part of which she was a full-time student under the standards and practices of the institution involved but was in part-time attendance for all of such period. All other requirements were met. Section 404.320 (c) (3) of Social Security Administration Regulations No. 4 (20 CFR 404.320 (c) (3)), implementing section 202(d) (7) (B) of the Act, provides, An individual will be deemed a full-time student during any period of non-attendance (including part-time attendance) at an educational institution if the period is 4 consecutive calendar months or less, and the individual: (i) Establishes that he intends to be in full-time attendance at an educational institution in the month immediately following such period, or (ii) Is in full-time attendance at an educational institution in the month immediately following such period. Section 404.320 (c) (2) of the Regulations also provides that a student whose full-time attendance begins or ends in a month is in full-time attendance for that month. As indicated by the preceding portions of the Social Security Act and Regulations, the duration of a period of nonattendance during which a child may be deemed a full-time student is limited to a maximum of 4 consecutive calendar months. However, to qualify as a full-time student during one or more months of such 4-month period, the child must have previously established an intent to be in full-time attendance in the month immediately after such period, or actually have entered full-time attendance in the month immediately following such period. In the instant case, C was in fulltime attendance from January 1966 through at least a portion of June 1966 and again in January 1967. C, having established her intent to resume fulltime attendance in October 1966, may be deemed a full-time student for the months of July, August, September, and October 1966. However, since she enrolled for the fall semester in October in a course of study which the school did not consider full-time, she was not, nor was she deemed to be a full-time student during November and December. Accordingly, it is held that C may be deemed to have been in full-time attendance during July, August, September, and October 1966 and entitled to benefits for such months, and since she was not a full-time student in November and December 1966, she is not entitled to benefits for these months. SECTION 202 (d) (8) (C).-CHILD'S INSURANCE BENEFITS "FULLTIME STUDENT"-FOREIGN SCHOOL AS "EDUCATIONAL INSTITUTION" SSR 67-51 Where the 19-year-old child of an insured worker attended on a full-time basis a secondary school in the city of Athens, Greece, the credits of which are accepted for transfer or entrance purposes by not less than three schools in the United States accredited by a nationally-recognized accrediting agency, held, such child was in full-time attendance at an "educational institution" within the meaning of section 202 (d) (8) (C) of the Social Security Act, and therefore she was a "full-time student" as defined by section 202(d) (8) (A) of the Act and may upon filing application become entitled to child's insurance benefits. C, born July 28, 1947, became entitled to child's insurance benefits pursuant to an application filed in August 1954. Her entitlement to such benefits was terminated with June 1965, the month before the month in which she attained age 18, as required by section 202(d)(1) of the Act in effect at that time. In December 1965, an application was filed for reentitlement to child's insurance benefits as a "full-time student." C established that from July 1965 through November 1965 she had been in full-time attendance at a secondary school, the X High School, in Athens, Greece. Section 202 (d) (7) of the Social Security Act, as added to the Act in July 1965, provides in pertinent part that a child who was previously entitled to child's insurance benefits shall be reentitled to such benefits if (among other requirements not here at issue) he is a "full-time student" and has not attained the age of 22. The term "full-time student," as pertinent here and as defined in section 202 (d) (8) (A) of the Act, means: an individual who is in full-time attendance as a student at an educational institution, as determined by the Secretary * in the light of the standards and practices of the institutions involved Section 202 (d) (8) of the Act further provides, as pertinent to this case, that: (C) An "educational institution" is (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 (iii) 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. Since C was in full-time attendance as a student in a foreign high school, i.e., in Greece, had not attained age 22, and met all other requirements for reentitlement to child's insurance benefits, the question presented is whether she is a "full-time student" as defined by section 202 (d) (8) (A) of the Act. This depends on whether the Greek school she attended is an "educational institution" within the meaning of section 202(d) (8) (C) of the Act. In this case, it was established that scholastic credits earned by students of the X High School, Athens, Greece, are accepted for transfer or entrance into at least three accredited secondary schools in the United States. These public high schools, located in the District of Columbia, will accept credits from the X High School on the same basis as if transferred from another domestic institution so accredited. It was also established that all public high schools in the District of Columbia, including those above, are accredited by the Middle States Association of Colleges and Secondary Schools, a nationally-recognized accrediting agency or body. Since the X High School is, therefore, an "educational institution" as defined in section 202(d) (8) of the Act, and C was in full-time attendance in such educational institution from July 1965 through November 1965, it follows that she met the definition of "full-time student" during that time. Accordingly, it is held that C is entitled to child's insurance benefits as a full-time student for the months July through November 1965. *SECTION 202 (d) (7).—CHILD'S INSURANCE BENEFITS-FULL TIME STUDENT-SIMULTANEOUS ATTENDANCE AT TWO EDU- 20 CFR 404.320 (c) (2) SSR 68-14 Where a child-student simultaneously attended two colleges and neither college considered him in full-time attendance under its standards and practices, but one college would consider him in full-time attendance under its standards had he taken all his subjects at that college, held, the subject load taken at both schools may be combined in determining full-time attendance, and where as here, the standards of one institution are met, the child, having filed an application and met all other requirements, qualifies as a full-time student and is entitled to child's insurance benefits for the period of such simultaneous attendance. *This section was numbered 202 (d) (8) prior to enactment of the Social Security Amendments of 1967 (P.L. 90-248) on January 2, 1968. વિ C, age 20, enrolled in X State College for subjects totalling 6 credit hours per semester. Concurrently, he enrolled at Y Junior College for subjects totalling 6 credit hours per semester. During the semester from February 1966 through June 1966, C attended both colleges, each of which is accredited by a nationally-recognized accrediting agency and, thus, is an educational institution as defined in section 202 (d) (7) (C) of the Act. X State College indicated it would have considered C in full-time attendance had he taken all his subjects at that college. Section 202(d) (1) of the Social Security Act as amended provides in pertinent part that a child of an insured worker may be entitled to child's insurance benefits if, among other requirements, such child has filed an application, is unmarried, and has not attained age 18 or is a full-time student and has not attained age 22. The term "full-time student" is defined in section 202 (d) (7) (A) of the Act in pertinent part as: 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 404.320 (c) (2) of the Social Security Administration Regulations No. 4 (20 CFR 404.320 (c) (2)) clarifies the term "full-time attendance." Ordinarily, a student enrolled in a junior college, college or university 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. Confirmations were received from the registrars of X State College and Y Junior College verifying C's enrollment for subjects totalling 6 credit hours during the spring semester at each college. The question to be resolved here is whether C's simultaneous enrollment at two educational institutions for less than full-time attendance under the standards of each institution, but whose combined rate of attendance would be considered full-time attendance had all courses been taken at one institution, may be considered as full-time attendance. All other requirements having been met, C would, thus, be entitled to child's insurance benefits as a full-time student. While a student generally pursues a course of study at only one educational institution at a time, the full-time student provisions of the Social Security Act do not preclude simultaneous attendance at more than one educational institution. Accordingly, the Social Security Administration adopts the viewpoint that when a student is simultaneously attending more than one school, the subject load taken at all schools may be combined in determining full-time attendance. Full-time attendance will be found if one of the schools would consider the student in full-time attendance under its standards had he taken all his work there, and other pertinent require ments are met. In this case, X State College indicated that it would have considered C in full-time attendance had he taken all his courses at that college. Hence, from February 1966 through June 1966 he was in "full-time attendance" as a student within the meaning of section 404.320 (c) (2) of Regulations |