Accordingly, it is held that C was a full-time student within the meaning of section 202(d) (7) (A) of the Act, and therefore he is entitled to child's insurance benefits for the months February through June 1966.

SECTION 202 (d) (8) (B).-CHILD'S

INSURANCE BENEFITS

DEEMED "FULL-TIME STUDENT" DURING PERIOD OF NONATTENDANCE

SSR 66-35

Where an insured worker's 19-year-old child attended one college from January through May 1965 as a "full-time student" in accordance with the standards and practices of that educational institution, but left the college at the end of the spring semester and was accepted and enrolled as a fulltime student in a second college for the fall 1965 semester, held, under section 202 (d) (8) (B), such child is deemed to have been a "full-time student" during the months June, July, and August 1965, since the period of nonattendance was 4 calendar months or less and the child was in fulltime school attendance immediately following the period of nonattendance.

C, age 19, enrolled in X College for a course of study requiring 16 credit hours per semester and attended from January 25, 1965, to May 2, 1965. Her father, who was a fully insured worker, died January 24, 1965. C completed the semester, but failed 13 of the 16 credit hours for which she was enrolled, and as a result, dropped out of college at the end of the semester. However, after a 4-month period during which she attended no school, C enrolled in Y Junior College in September 1965 as a full-time student. She then filed application for child's insurance benefits on the earnings record of her deceased father.

Section 202 (d) (1) of the Social Security Act, as amended by P.L. 89–97 (the Social Security Amendments of 1965), provides as pertinent here that a child of an individual who died a fully or currently insured individual shall be entitled to child's insurance benefits if such child has filed application, and at the time of filing application is unmarried and a full-time student who has not attained the age of 22, and was dependent on his parent at the time the parent died. The payment of benefits to a childstudent is effective no earlier than January 1965, as provided in section 306(d) of P.L. 89-97.

The term "full-time student" is defined in section 202 (d) (8) (A) of the Act in pertinent part as:

in the light

an individual who is in full-time attendance as a student at an educational institution, as determined by the Secretary * of the standards and practices of the institutions involved

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 preced* the first month during no part of which [the child] is a full

ing
time student

*

Here, certifications were submitted by the Registrars of X College and Y Junior College which established that C had been enrolled as a student in full-time attendance at their respective schools during the periods January 25 to May 2, 1965, and September 7, 1965, to May 28, 1966. It was also established that both schools meet the definition of "educational institution" in section 202(d) (8) (C) of the Act. Since C was in full-time attendance as a student for at least a part of each month in these periods, and all other requirements for entitlement were met, she is entitled to child's insurance benefits for January through May 1965, and for September 1965 through May 1966.

The question to be resolved here is whether C is entitled to child's insurance benefits for the 3 months following her absence from X College (June, July, and August), during no part of which she was a full-time student.

Under section 202(d) (8) (B) of the Act, a child-student may be deemed to be a full-time student during certain periods of nonattendance:

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 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 term "period of nonattendance" in section 202(d) (8) (B) means a period which begins on the first day of the month following the last month in which a student was in full-time attendance, and which ends on the last day of the month preceding the month in which the student resumes fulltime attendance. Accordingly, since C was in full-time attendance for at least a part of May and September 1965, her period of nonattendance began with June 1, 1965, and ended with August 31, 1965, a period of 3 calendar months. Thus, C satisfied the requirement in section 202 (d) (8) (B) (i) that the period of nonattendance be 4 calendar months or less.

However, upon the conclusion of the May 1965 semester at X College, C had stated that she had no intention of continuing as a full-time student at X College. Consequently, at the beginning of the period of nonattendance in June 1965, C failed to satisfy the requirement of section 202(d) (8) (B) (ii) that there be an intent to resume full-time attendance after a period of nonattendance of no longer than 4 months. Nevertheless, since C enrolled in and attended Y Junior College on a full-time basis beginning with September 1965, she is deemed to have met the requirement in section 202 (d) (8) (B) (ii) beginning with the first month of the period of nonattendance, i.e., in June 1965, regardless of the fact that she resumed fulltime attendance at a school different from the one she was attending prior to the beginning of the period of nonattendance.

Accordingly, it is held that C is deemed to have been a full-time student during the months of June, July, and August 1965, and therefore, having met all other requirements, she is entitled to child's insurance benefits for those months.

SECTION 202 (d) (8) (B). — CHILD'S INSURANCE BENEFITS - TERMINATION OF DEEMED FULL-TIME ATTENDANCE

SSR 67-34

Where the 19-year-old child of a retirement insurance beneficiary was in "full-time attendance" at X University from January through May 1965 and thereafter intended to resume full-time attendance in September 1965, but he was notified by the University at the conclusion of the summer session in August 1965 of his academic ineligibility to reenroll, held, the child is nevertheless deemed to have been a "full-time student" under section 202 (d) (8) (B) of the Act during the months June, July, and August 1965, since he was in full-time school attendance immediately prior to the summer session, the period of nonattendance was 4 calendar months or less, and intent to continue as a full-time student had been shown; he is therefore entitled to child's insurance benefits for such months but not for months after August 1965.

C, the 19-year-old child of R, a retirement insurance beneficiary, became entitled to child's insurance benefits beginning January 1965 under section 202 (d) (1) of the Social Security Act as a full-time student at X University. After finishing the spring 1965 semester, C attended summer school at the university on a part-time basis from June through August 1965. Prior to June 1965, the beginning of summer school, C had established that he intended to continue in full-time attendance at X University for the school year beginning September 1965. However, a report as to his scholastic status received in September 1965 from the registrar of the university indicated that C became "academically ineligible 8/65" after completion of the 1965 summer course and that the university so notified him on August 26, 1965. Thereafter, C was accepted as a part-time student at Y Junior College, beginning with September 1965.

Section 202 (d) (1) of the Social Security Act as amended provides as pertinent here that a child of a worker entitled to retirement insurance benefits shall be entitled to child's insurance benefits if such child has filed application, and at the time of application is unmarried and a full-time student who has not attained the age of 22, and was dependent on his parent at the time of the application. The payment of benefits to such a child-student is effective no earlier than January 1965.

The term "full-time student" is defined in section 202(d) (8) (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 Social Security Administration Regulations No. (20 CFR 404.320 (c) (2)) clarifies the term "full-time attendance." With

respect to a college student, it 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. However, a student will not be considered in "full-time attendance" if he is enrolled in a course of study of less than 13 school weeks' duration.

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 *

66# *

*

The question thus to be resolved here is whether C, who had upon the close of the spring semester expressed the intent to resume full-time attendance with the fall 1965 semester but who prior to the fall semester was notified of "academic ineligibility," is entitled to child's insurance benefits for the intervening 3 months, during no part of which he was a full-time student.

Under section 202(d)(8)(B) of the Act, a child may be deemed to be a full-time student during certain periods of nonattendance (or part-time attendance, as here). This section provides in pertinent part that:

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.

In defining the term "full-time attendance," section 404.320 (c) (2) of Social Security Administration Regulations No. 4 also states in pertinent part that:

** A student whose full-time attendance begins or ends in a month is in full-time attendance for that month.

Thus, the term "period of nonattendance" means a period which begins on the first day of the month following the last month in which a student was in full-time attendance, and which ends on the last day of the month preceding the month in which the student resumes full-time attendance. Accordingly, since C was in full-time attendance for at least a part of May 1965 and in that same month indicated his intent to resume full-time attendance in September 1965, his period of nonattendance began with June 1, 1965, and was to have ended with August 31, 1965, a period of 3 calendar months.

C maintained his intent throughout the summer session and fully expected to resume full-time attendance in September. Not until August 26, 1965, when the university notified C of his academic ineligibility for the ensuing semester, did this intent change. C then enrolled as a part-time student at Y Junior College in September 1965. Therefore, C satisfied the conditions of section 202(d) (8) (B) (i) and (ii) of the Act and may be deemed in full-time attendance during June, July, and August 1965. However, after August 26, 1965, he could no longer meet the intent requirement of section 202(d) (8) (B)(ii) of the Act nor did he thereafter satisfy the "full-time attendance" provisions of section 404.320 (c) (2) of Regulations

Accordingly, it is held that C is deemed to have been a full-time student during the months June, July, and August 1965, and therefore, having met all other requirements, he is entitled to child's insurance benefits for those months. C was not in fact, and cannot be deemed, a full-time student beginning with September 1965, and is not entitled to benefits beginning with that month.

SECTIONS 202 (d) (1)

BENEFITS-STATUS

and 216(h) (3) (C).-CHILD'S INSURANCE OF ILLEGITIMATE CHILD UNDER 1965

AMENDMENTS "ACKNOWLEDGMENT IN WRITING"

SSR 66-47

Where a fully insured worker, the biological father of children born out of wedlock, died in 1964, domiciled in Louisiana, without having satisfied State law requirements as to legitimation or recognition of such children so that the children could not inherit from the worker, but where, however, the worker prior to his death had identified each of the children by name and named himself as father in a document executed for a department of public welfare, which he signed, held, such document constitutes “acknowledgment in writing" within the meaning of section 216 (h) (3) (C) of the Social Security Act as amended in 1965. Thus, each child is deemed to be the worker's "child" and entitled to child's insurance benefits, other requirements having been met.

In February 1964, R, a fully insured worker, filed an application for disability insurance benefits. On his signed application, he identified four children by name and indicated that they were his illegitimate children. R and the children's mother, W, were never married and W was not married to anyone else at the times the children were conceived. R died on 'October 10, 1964, domiciled in the State of Louisiana.

On January 5, 1965, W filed application on behalf of the children for child's insurance benefits based on R's earnings record. All the children were under age 18.

Section 202 (d) (1) of the Social Security Act, as then in effect, provided in pertinent part that every "child" (as defined in section 216(e) of the Act) of a fully or currently insured deceased worker is entitled to a child's insurance benefit if he: (1) files application; and (2) at the time he files application is unmarried and under age 18 or is under a disability which began before age 18; and (3) was dependent upon the worker at the time the worker died.

Section 216(e), in pertinent part, defines the term "child" as the worker's child, legally adopted child, or under certain conditions, a stepchild. Section 216(h) (2) (A) provides that in determining whether an applicant is the child of a deceased insured worker, the Secretary of Health, Education, and Welfare shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which the worker was domiciled at the time of his death. An applicant who according to such law would have the same status relative to taking intestate personal property as a child shall be deemed such. Section 216(h) (2) (B)