be filed within the 2-year period beginning on August 1, 1961; and

(iii) In any case in which there would not be entitlement to widower's insurance benefits except for enactment of the Social Security Amendments of 1967, and the time at which the support requirement was met occurred before January 1968, evidence of such support may be filed within the 2 years after February 1968.

See

Evidence of support must be filed with the Administration within the appropriate 2-year period even though the widower may not be eligible for widower's insurance benefits until after the expiration of such period because one of the conditions of entitlement (see § 404.331) will not be met during such period. § 404.616 and § 404.617 for provisions regarding the deemed filing of evidence within the appropriate period in cases where good cause exists for failure to file such evidence before the expiration of the time specified in subparagraphs (1), (2), (3), (4), or (5), of this paragraph. See also § 404.612 for provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 extending, under certain conditions, the period for filing evidence of support.

[29 F.R. 12291, Aug. 27, 1964, as amended at 34 F.R. 12573, Aug. 1, 1969]

§ 404.335 Mother's insurance benefits; conditions of entitlement.

(a) Conditions of entitlement after August 1965. The widow and every surviving divorced mother (as defined in § 404.1105 (c)) of an individual who died fully or currently insured is entitled to mother's insurance benefits if she:

(1) Has filed application for mother's insurance benefits, or was entitled to wife's insurance benefits on the basis of the earnings record of such individual for the month preceding the month in which he died; and

(2) At the time of filing such application had in her care a child of such individual entitled to child's insurance benefits (see paragraph (b) of this section); and

(3) Is not married; and

(4) Is not entitled to a widow's insurance benefit; and

(5) Is not entitled to old-age insurance benefits, or is entitled to an old-age insurance benefit which is less than threefourths of the primary insurance amount of such individual; and

(6) In the case of a surviving divorced mother

(i) The child referred to in subparagraph (2) of this paragraph is her son, daughter, or legally adopted child, and

(ii) The benefits referred to in such subparagraph are payable on the basis of such individual's earnings record, and

(iii) She was receiving at least onehalf of her support from such individual (see § 404.350), or was receiving substantial contributions from such individual pursuant to a written agreement (see § 404.351(a)), or there was in effect a court order for substantial contributions to her support from such individual (see § 404.351 (c)) at the time of his death, or if he had a period of disability which did not end before the month in which he died, at the time such period began.

(b) Child over 18 not disabled. For the purposes of paragraph (a) (2) of this section a child age 18 or over who is entitled to child's insurance benefits for any month but is not under a disability (as defined in section 223 (d) of the Act) which began before he attained age 18, shall be deemed not entitled to child's insurance benefits, unless he was under such a disability in the third month before such month.

(c) Conditions of entitlement before September 1965. A widow or former wife divorced of an individual who died fully or currently insured is entitled to mother's insurance benefits if she:

(1) Has filed application (see Subpart G of this part) for mother's insurance benefits or, in the month before the month in which such individual died. she was entitled to a wife's insurance benefit on the basis of the earnings record of such individual; and

(2) Has not remarried (except as provided in paragraph (d) of this section); and

(3) Is the widow or former wife divorced as defined in section 216(d) of the Act as in effect prior to the Social Security Amendments of 1965 (Public Law 89-97), of such individual; and

(4) Is not entitled to a widow's insurance benefit; and

(5) Is not entitled to an old-age insurance benefit which is equal to or exceeds 75 percent of the primary insurance amount of such individual; and

(6) In the case of a widow, she has in her care at the time of filing application for mother's insurance benefits, a child of such individual entitled to child's insurance benefits; and

(7) In the case of the former wife divorced

(i) She has in her care at the time of filing, a child of such individual entitled to child's insurance benefits on the basis of such individual's earnings record and such child is her son, daughter, or legally adopted child; and

(ii) She was receiving at least onehalf of her support pursuant to agreement or court order (see § 404.351 (b) and (d)) from such individual at the time of his death or if he had a period of disability established which did not end before the month in which he died, at the time such period began.

(d) Effect of remarriage on entitlement or reentitlement. (1) For the purposes of paragraph (c) (2) of this section, a remarriage is deemed not to have occurred if the subsequent marriage is terminated by the husband's death and the widow or former wife divorced is not or upon filing an application would not be entitled to a benefit for the month in which he dies on the basis of his earnings record.

(2) A widow or former wife divorced may become reentitled to mother's insurance benefits after such entitlement was terminated because of her remarriage (see § 404.336 (a) (2)) if such remarriage terminates under the conditions described in subparagraph (1) of this paragraph and subsequent to such termination she again meets the conditions described in paragraph (c) of this section for entitlement to mother's insurance benefits on the deceased individual's earnings record, including the filing of an application for such benefits.

(3) Benefits are payable under the provisions of subparagraph (1) or (2) of this paragraph beginning with the month of termination of the subsequent marriage but not prior to 12 months before filing or refiling for mother's insurance benefits.

(e) Applicability of the provisions of this section. The provisions of paragraph (a) of this section apply in determining entitlement to mother's insurance benefits for months after August 1965, but, in the case of an individual who was not entitled to a mother's insurance benefit for August 1965 and who did not meet the requirements of paragraph (c) of this section, only on the basis of an application filed after June 1965. The provisions of paragraph (b) of this section, relating to a child over 18 and not disabled, apply only on the basis of an ap

plication filed after June 1965. The provisions of paragraphs (c) and (d) of this section apply in determining entitlement to mother's insurance benefits for months prior to September 1965 and, in the case of an individual who was not entitled to a mother's insurance benefit for August 1965, for months thereafter except where entitlement to such benefits is based on an application filed after June 1965.

[34 F.R. 12573, Aug. 1, 1969]

§ 404.336 Mother's insurance benefits; duration of entitlement.

(a) Duration of entitlement after August 1965. The widow or surviving divorced wife of a deceased individual is entitled to a mother's insurance benefit for each month beginning with the first month in which all the conditions of entitlement described in § 404.335 (a) are satisfied. The last month for which she is entitled to such benefits is the month before the first month in which any one of the following events occurs:

(1) She dies; or

(2) She remarries (except as provided in paragraph (b) of this section); or

(3) She becomes entitled to an old-age insurance benefit which is equal to or exceeds the amount of the mother's insurance benefit as determined in accordance with § 404.337; or

(4) She becomes entitled to a widow's insurance benefit; or

(5) No child of the deceased individual is entitled to a child's insurance benefit (see paragraph (c) of this section); or

(6) In the case of a surviving divorced mother, no son, daughter, or legally adopted child of such surviving divorced mother is entitled to child's insurance benefits (see paragraph (c) of this section) based on the deceased individual's earnings record; or

(7) If she is married to a person age 18 or older who is under a disability (as defined in section 223(d) of the Act) and who is entitled to child's insurance benefits (see paragraphs (b) and (c) of this section), her husband's entitlement to such benefits terminates for a reason other than his death; or

(8) If she is married to a person entitled to disability insurance benefits (see paragraph (b) of this section), her husband's entitlement to such benefits terminates for a reason other than his death or his entitlement to old-age insurance benefits; or

(9) In the case of a woman entitled to mother's insurance benefits based on a purported marriage (see § 404.1101(c) (2)) to the deceased individual, another woman is certified for entitlement to mother's insurance benefits based on such deceased individual's earnings record and such other woman is the widow (or is deemed to be the widow) of the deceased individual under the provisions of section 216(h) (1) (A) of the Act.

(b) Effect of remarriage after August 1965. For purposes of paragraph. (a) (2) of this section:

(1) A woman or surviving divorced mother's entitlement to mother's insurance benefits is not terminated by reason of her remarriage to a man entitled to old-age, widower's, parent's, or disability insurance benefits, or to a man who has attained age 18 and is entitled to child's insurance benefits, and was under a disability (as defined in section 223 (d) of the Act) 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.

(2) If a widow or surviving divorced mother marries a man not entitled to any of the benefits enumerated in subparagraph (1) of this paragraph, and consequently her entitlement to mother's insurance benefits is terminated, she may become reentitled to such benefits upon termination of the later marriage for any reason, provided all other conditions of entitlement are satisfied.

(c) Child over 18 not disabled. For purposes of paragraph (a) (5) of this section, a child age 18 or over who is entitled to child's insurance benefits for any month but is not under a disability (as defined in section 223 (d) of the Act) which began before he attained age 18, shall be deemed not entitled to child's insurance benefits, unless he was under such a disability in the third month before such month.

(d) Duration of entitlement before September 1965. A widow or former wife divorced is entitled to mother's insurance benefits beginning with the first month in which all of the conditions in § 404.335 (c) are satisfied and ending with the month before the month in which any of the following events occurs:

(1) She dies, or

(2) She remarries (except as provided in paragraph (e) of this section); or (3) She becomes entitled to a widow's insurance benefit; or

(4) She becomes entitled to an oldage insurance benefit which is equal to or exceeds the amount of the mother's insurance benefit; or

(5) No child of the deceased individual is entitled to a child's insurance benefit; or

(6) In the case of a former wife divorced, no child or legally adopted child of hers is entitled to a child's insurance benefit based on the earnings record of the deceased individual; or

(7) If she is married to a person age 18 or over who is under a disability as defined in section 223 (d) of the Act and who is entitled to a child's insurance benefit (see paragraph (e) of this section), her husband's entitlement to such benefit terminates for a reason other than his death; or

(8) If she is married to a man entitled to disability insurance benefits (see paragraph (e) of this section), her husband's entitlement to such benefit terminates for a reason other than his death or entitlement to old-age insurance benefits; or

(9) In the case of a widow entitled to a mother's insurance benefit based on a purported marriage (see § 404.1101(c) (2)) to the deceased individual, another woman is certified for entitlement to mother's insurance benefits based on such deceased individual's earnings record and such other woman is the widow (or is deemed to be the widow) of the deceased individual under the provisions of section 216(h) (1) (A) of the Act.

(e) Effect of remarriage before September 1965. For purposes of paragraph (d) (2) of this section, a woman's entitlement to mother's insurance benefits is not terminated by her remarriage if the man she marries is entitled to old-age, disability, widower's, or parent's insurance benefits, or if he is age 18 or over and is under a disability (as defined in section 223 of the Act) and is entitled to child's insurance benefits. However, see subparagraphs (7) and (8) of paragraph (d) of this section for termination because of a subsequent occurrence.

(f) Applicability of provisions of this section. The provisions of paragraphs (a), (b), and (c) of this section apply with respect to mother's insurance benefits for months after August 1965 provided that in the case of an individual not entitled to mother's insurance benefits in August 1965, an application for such benefits is filed after June 1965. The provisions of paragraphs (d) and (e) of

§ 404.338

Parent's insurance benefits; conditions of entitlement.

A man or woman is entitled to parent's insurance benefits if such person:

(a) Is the parent (as defined in § 404.1110) of an individual who was fully insured (see §§ 404.108-404.113) at the time of death; and

(b) Has attained age 62; and

(c) Has not married since the insured individual's death (see § 404.339 (b) relating to remarriage after entitlement); and

(d) Is not entitled to an old-age insurance benefit which equals or exceeds the amount of the parent's insurance benefit as determined in accordance with § 404.340; and

(e) Has filed application (see Subpart G of this part) for parent's insurance benefits; and

(f) Was receiving at least one-half support (see § 404.350) from the deceased insured individual at a time specified in § 404.341 (a) and submitted proof of such support within a 2-year period specified in § 404.341(b).

[34 F.R. 12575, Aug. 1, 1969]

§ 404.339 Parent's insurance benefits; duration of entitlement.

(a) General. A parent is entitled to parent's insurance benefits beginning with the month all of the conditions of entitlement described in § 404.338 are met. The last month for which a parent is entitled to parent's insurance benefits is the month before the month in which any of the following events occurs:

(1) The parent dies; or

(2) The parent marries (except as provided in paragraph (b) of this section);

or

(3) The parent becomes entitled to an old-age insurance benefit which equals or exceeds the amount of the parent's insurance benefit as determined in accordance with § 404.340; or

(4) In the case of a woman entitled to parent's insurance benefits who is married to a man age 18 or over and entitled to a child's insurance benefit (based on disability), her husband's entitlement to such benefit terminates for a reason other than his death.

(b) Effect of remarriage on entitlement to benefits. A parent's entitlement to parent's insurance benefits is not terminated by marriage to an individual entitled to wife's, widow's, widower's, mother's, or parent's insurance benefits, or to an individual who has attained age 18 and is entitled to child's insurance benefits, and was under a disability (as defined in section 223 (d) of the Act) 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. The provision relating to marriage to an individual entitled to wife's insurance benefits applies with respect to parent's insurance benefits after August 1965 but, if the parent was not entitled to a parent's insurance benefit for August 1965, only on the basis of an application filed after June 1965.

[34 F.R. 12575, Aug. 1, 1969]

§ 404.340

Parent's insurance benefits; rate of benefit.

(a) General. The amount of the parent's insurance benefit for each month is an amount equal to:

(1) 822 percent of the deceased individual's primary insurance amount if only one parent is entitled to parent's insurance benefits subject to the provisions of § 404.352; or

(2) 75 percent of the deceased individual's primary insurance amount if more than one person is entitled to parent's insurance benefits on the same earnings record.

(b) Subsequent entitlement of another parent. In any case in which:

(1) One person files application and is entitled to a parent's insurance benefit for a month; and

(2) Another person becomes entitled to a parent's insurance benefit for such month on the same earnings record but based on an application filed after such month and after the month in which the person referred to in subpara

graph (1) of this paragraph filed application, the amount of the parent's insurance benefit of the person referred to in subparagraph (1) of this paragraph equals 822 percent of the deceased individual's primary insurance amount and the amount of the parent's insurance benefit of the person referred to in subparagraph (2) of this paragraph for such month equals the difference between the benefit of the person referred to in subparagraph (1) of this paragraph (before the application of § 404.402(b)) and 150 percent of the primary insurance amount of the deceased individual.

[34 F.R. 12575, Aug. 1, 1969]

§ 404.341 Parent's insurance benefits; time at which support requirement must be met; period within which evidence must be filed.

(a) Time at which support requirement must be met. For entitlement to parent's insurance benefits, the support requirement must be met either:

(1) At the time of the insured individual's death; or

(2) If such individual had a period of disability established which did not end before the month in which such individual died, at the beginning of such period of disability.

(b) Period within which evidence of support must be submitted. (1) If the support requirement is met at the time of death, as provided in subparagraph (a) (1) of this section, evidence of support must be filed with the Administration within 2 years after the date of such death.

(2) If the support requirement is met at the beginning of the individual's period of disability (in accordance with subparagraph (a)(2) of this section) proof of such support must be filed within 2 years after the month in which such individual filed application to establish such period of disability, or before September 1960, whichever is later.

(3) Notwithstanding the provisions of subparagraphs (1) and (2) of this paragraph:

(i) In any case in which there would not be entitlement to parent's insurance benefits except for enactment of the Social Security Amendments of 1960, and the time at which the support requirement was met occurred before September 1960, evidence of such support may be filed within the 2 years after September 1960; and

(ii) In any case in which there would not be entitlement to parent's insurance benefits except for the enactment of the Social Security Amendments of 1961, and the time at which the support requirement was met occurred before August 1, 1961, evidence of such support may be filed within the 2-year period beginning on August 1, 1961.

Evidence of support must be filed with the Administration within the appropriate 2-year period even though the parent may not be eligible for parent's insurance benefits until after the expiration of such period. See $404.616 and § 404.617 for provisions regarding the deemed filing of evidence of support within the appropriate 2-year period, in cases where good cause exists for failure to file such evidence before the expiration of the time specified in subparagraphs (1), (2), or (3) of this paragraph. See also § 404.612 for provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 extending, under certain conditions, the period for filing evidence of support.

[29 F.R. 12293, Aug. 27, 1964, as amended at 29 F.R. 15510, Nov. 19, 1964]

§ 404.342 In her care.

For purposes of §§ 404.313, 404.335, and of Subpart E, a mother (whether a wife, widow, or surviving divorced mother) has a child in her care if she exercises parental control and responsibility for the welfare and care of a child under age 18, or of a child age 18 or older who is mentally incompetent. If the child is age 18 or older and mentally competent, "in her care" means that the mother is performing personal services for the child.

[34 F.R. 12575, Aug. 1, 1969]

§ 404.343 In her care; exercising parental control and responsibility. For purposes of § 404.342:

(a) Parental control and responsibility may be exercised solely by the mother or jointly with her husband. However, the exercise of parental control and responsibilty exclusively by one parent and then by the other over successive periods of time does not constitute the joint exercise of parental control and responsibility.

(b) Parental control and responsibility may be exercised directly or, where the mother and child are apart, it may be exercised indirectly. The fact that the mother has not lost the legal right to