his (or her) whereabouts are known, a signed statement from such spouse showing whether applicant, at the time the marriage ceremony was entered into, knew of the prior marriage and knew that it had not been dissolved, and showing the basis for his (or her) awareness of the applicant's knowledge of these facts; and

(e) If the insured individual is living, signed statements from the applicant and the insured individual (as described in indicating § 404.716a) whether they were living in the same household at the time the application was filed (for definition of "living in the same household," see § 404.1112), or, if the insured individual is deceased. a signed statement from the applicant (as described in § 404.716a) indicating whether he (or she) was living in the same household with the insured individual at the time of the latter's death.

[28 F.R. 214, Jan. 9, 1963]

(a) Termination of marriage by divorce, annulment, or death. Where evidence of termination of a marriage is pertinent to a determination of entitlement (see § 404.706), the applicant, when so requested by the Administration, shall submit:

(1) A certified copy of the decree of divorce dissolving the marriage; or

(2) A certified copy of the decree of annulment; or

(3) Evidence of the death of a party to such marriage as described in § 404.704 in the order of priority therein listed.

(b) Evidence not available. If the evidence described in paragraph (a) of this section is not available, the applicant shall state the reason therefor and submit other evidence of probative value. [28 F.R. 215, Jan. 9, 1963]

§ 404.710 Evidence as to marriage and divorce of former wife divorced.

A former wife divorced who applies for monthly benefits based upon the wages and self-employment income of her deceased divorced husband shall file as supporting evidence of her divorce from such individual a certified copy of the decree of divorce dissolving her marriage to him. If this evidence is not obtainable, the reason therefor shall be stated, and the applicant may submit

other evidence of probative value. She shall also, when requested, file evidence of her marriage to such individual in accordance with § 404.707 or § 404.708. [16 F.R. 13056, Dec. 28, 1951]

§ 404.711 When evidence as to relationship of parent and child is required.

Where an applicant's eligibility to benefits is dependent upon the existence of a parent-child relationship the applicant shall submit evidence of the parent-child relationship as specified in §§ 404.712 to 404.715, inclusive, as may be appropriate. [28 F.R. 215, Jan. 9, 1963]

§ 404.712 Evidence as to blood relationship of parent and child.

If the relationship is by blood, the evidence described in § 404.703 shall be submitted (in the order of priority therein provided), if such evidence shows the relationship between the parent and child in question. If the document submitted is a public record of birth, a church record of birth or baptism, or a hospital birth record, described in § 404.703, and such document shows the name of the child but does not show the names of the parents and their relationship to the child, the document will be accepted, in the absence of evidence to the contrary, as supporting evidence of the relationship if the surname of the child shown thereon is the same as that of the alleged parent at the time of the birth of the child. Where from the evidence available or furnished the relationship or status of the child to the individual upon whose earnings the claim is based depends upon whether such insured individual and the father (or mother) of the child had entered into a ceremonial marriage which, but for a legal impediment described in section 216(h) (1) (B) of the Act, would have been a valid marriage, evidence of the type described in § 404.707(a) shall also be submitted to establish that the insured individual entered into a ceremonial marriage with the father (or mother) of the child.

[28 F.R. 215, Jan. 9, 1963]

§ 404.713 Evidence where contract to adopt alleged.

If it is claimed that a child, whether or not related by blood, has the status of child of an individual under applicable State law (see § 404.1109) by reason of a contract by such individual to adopt

such child, the contract, if in writing, shall be submitted. If the contract was not in writing, or if it was in writing and cannot be produced, the reason therefor shall be stated and the applicant may submit other evidence of probative value. In addition, the following evidence shall be submitted: Statements of both the natural and the alleged adopting parent or parents, if available, and other evidence of probative value, setting out in full the circumstances of the commencement and continuance of the relationship between the child and the alleged adopting parent or parents. [16 F.R. 13056, Dec. 28, 1951]

§ 404.714 Evidence as to adoption.

(a) General. If the relationship is by adoption, the applicant shall submit a certified copy of the decree or order of adoption. If it is not possible to obtain such a certified copy, or if such a certified copy can be obtained only by order of a court, the applicant shall submit a statement to this effect and submit other evidence of probative value establishing that a final decree or order of adoption was granted by a court of competent jurisdiction. If, under the law of the place of adoption, no decree or order is required to effect such adoption, the applicant shall submit either a certified copy of the public record of adoption required by such law or, if no such record is required, the original document, if available, by which the adoption was effected. If the original document is not available, the applicant shall submit an authentic copy thereof with a statement of the reason why the original is not available. If, under the law of the place of adoption, adoption may be accomplished without a writing or public record, other evidence of probative value which establishes the adoption shall be submitted.

(b) Evidence required where child is adopted after death of insured by insured's surviving spouse. Where the child was adopted by the surviving spouse of the insured within 2 years of the date of insured's death, or before August 29, 1960, if insured died before August 28, 1958, there shall be submitted:

(1) Appropriate evidence of adoption as described in paragraph (a) of this section; and

(2) A statement by the surviving spouse (or other person filing on behalf of such child) indicating (i) whether the Ichild was living in the insured's house

hold at the time of the insured's death; and (ii) what contributions, if any, and the regularity of such contributions, such child was receiving towards his support at the time of the insured's death from any individual other than the insured or the surviving spouse, or from any public or private organization, identifying the organization, if that is the case; and

(3) Evidence of the marriage of the surviving spouse to the insured as described in § 404.708a, if the status of the surviving spouse as widow or widower of the insured depends upon a purported marriage to the insured which is deemed a valid marriage under section 216(h) (1) (B) of the Act.

[28 F.R. 215, Jan. 9, 1963]

Where an annulment of an adoption affects a person's entitlement to benefits or right to have his entitlement to benefits reinstated, such person shall submit a certified copy of the decree annulling such adoption. If it is not possible to obtain such a certified copy of the decree, or if such a certified copy can be obtained only by order of court, the person shall furnish a statement to this effect and submit other evidence of probative value establishing that a final decree annulling the adoption was granted by a court of competent jurisdiction, and showing the date such decree granted, the date it became effective, the names of the parties thereto, and the pertinent provisions thereof. [28 F.R. 215, Jan. 9, 1963] § 404.715

ship.

was

Evidence as to steprelation

To establish the relationship of stepparent and stepchild, evidence of the relationship of the child to the stepparent's spouse, in accordance with §§ 404.712 to 404.714, inclusive, shall be submitted, together with evidence of the marriage of the stepparent and spouse in accordance with 88 404.707 to 404.709, inclusive. If the relationship of the child to the individual upon whose earnings the claim is based, depends upon whether such insured individual and the father (or mother) of the child had entered into a ceremonial marriage which, but for a legal impediment described in section 216(h) (1) (B) of the Act, would have been a valid marriage, evidence of the type described in § 404.707(a) shall be

submitted to establish that the insured individual entered into a ceremonial marriage with the father (or mother) of the child.

[28 F.R. 215, Jan. 9, 1963]

§ 404.716

Evidence as to domicile.

Where the status of a claimant as a wife, husband, widow, widower, child, or parent of the insured, upon whose earnings record the claim is based, depends on the domicile of the insured as of the applicable time as described in § 404.1101, such claimant, or person filing on claimant's behalf, as the case may be, shall, when requested by the Administration, submit a statement concerning the insured's domicile as of such applicable time. The statement shall include information indicating where the insured considered his permanent home to be. Upon request of the Administration, evidence shall also be submitted showing where the insured paid his personal and real property taxes, his State income taxes, where he voted, and, if insured is deceased, where he was buried, and also any other probative evidence as may be requested.

[28 F.R. 215, Jan. 9, 1963]

§ 404.716a

Evidence of "living in the same household" with individual.

An applicant for a lump-sum death payment based upon the earnings of a deceased spouse and an applicant whose status as a wife, husband, widow, or widower depends upon meeting the requirements of section 216(h) (1) (B) of the Act, shall submit evidence to establish that he or she was living in the same household with his or her spouse at the time of the death of such insured individual, or (if such insured individual is living), at the time the application was filed (see § 404.1112 for definition of "living in the same household"). Such evidence shall include, if the insured individual is living, signed statements by the applicant and such insured individual showing whether they were living in the same place of abode at the time such applicant filed the application, or if the insured individual is deceased, a signed statement from the applicant showing whether he (or she) and the insured were living in the same place of abode at the time of the insured's death. If the applicant and the insured individual were not actually residing in

the same place of abode at the applicable time, the statement or statements shall set forth the place where each was residing, the reason they were not residing in the same place, the date they last resided together, and how long the separation was expected to continue.

[28 F.R. 216, Jan. 9, 1963]

§ 404.717 Evidence of receipt of support by husband.

A husband who applies for husband's insurance benefits based upon the earnings of his wife, shall submit evidence to establish receipt of at least one-half of his support (see § 404.350) from her. Such evidence shall include statements signed by the husband and wife showing whether he was receiving at least onehalf of his support from her at the applicable time specified in § 404.319. These statements shall set forth as of the applicable time and for a period of not less than one year before such time, the amount of the husband's income, if any, and any other sources of support, including contributions received, when they were received, and by whom they were furnished. If the evidence described above is not obtainable, the applicant shall state the reason therefor and submit other evidence of probative value. [28 F.R. 216, Jan. 9, 1963, as amended at 29 F.R. 15510, Nov. 19, 1964]

§ 404.718 Evidence of receipt of support by widower.

A widower who applies for widower's insurance benefits based upon the earnings of his deceased wife, shall submit evidence to establish receipt of at least one-half of his support (see § 404.350) from her. Such evidence shall include a statement signed by the widower showing whether he was receiving at least onehalf of his support from her at the applicable time specified in § 404.334. This statement shall set forth as of the applicable time and for a period of not less than one year before such time, the amount of his income, if any, and any other sources of support, including contributions received, when they were received, and by whom they were furnished. If the evidence described above is not obtainable, the applicant shall state the reason therefor and submit other evidence of probative value.

[28 F.R. 216, Jan. 9, 1963, as amended at 29 F.R. 15510, Nov. 19, 1964]

§ 404.719 Evidence of receipt of support by former wife divorced.

A former wife divorced who applies for monthly benefits based upon the earnings of her deceased divorced husband shall submit evidence to establish that she was receiving from such husband, pursuant to agreement or court order, at least one-half of her support (see § 404.350) at the applicable time specified in § 404.335(b) (8). Such evidence shall be as follows:

(a) The agreement, if in writing, or a certified copy of the court order, including a certification by the proper court official that such order had not been revoked or modified prior to the time in question, or, if neither the written agreement nor the certified copy of the court order can be produced, the applicant shall state the reason therefor and submit other evidence of probative value to establish the existence of the written agreement or court order and its terms (if the applicant alleges that she received support from her divorced husband pursuant to an agreement, which was not in writing, she may submit evidence of probative value to establish such agreement and its terms); and

(b) A signed statement by the applicant showing whether she was receiving from him, at the applicable time, at least one-half of her support, pursuant to the agreement or court order. This statement shall set forth, as of the applicable time and for a period of not less than one year before such time, the amount of her income, if any, and any other sources of support, including contributions received, when they were received, and by whom they were furnished. If the evidence described in this paragraph is not obtainable, the applicant shall state the reason therefor and submit other evidence of probative value.

[28 F.R. 216, Jan. 9, 1963, as amended at 29 F.R. 15510, Nov. 19, 1964]

§ 404.720 Evidence of receipt of support by parent.

A parent who applies for parent's insurance benefits based upon the earnings of an individual shall submit evidence to establish receipt of at least one-half of his support (see § 404.350) from such individual. Such evidence shall include a signed statement by the parent showing whether he was receiving at least one-half of his support from such individual at the applicable time specified

re

in § 404.341. This statement shall set forth, as of the applicable time and for a period of not less than one year before such time, the amount of the parent's income, if any, and any other sources of support, including contributions ceived, when they were received, and by whom they were furnished. If such evidence is not obtainable, the applicant shall state the reason therefor and submit other evidence of probative value. [28 F.R. 216, Jan. 9, 1963, as amended at 29 F.R. 15510, Nov. 19, 1964]

§ 404.720a Evidence of "good cause" for delayed filing of proof of support or application for a lump-sum death payment.

When it is pertinent to entitlement to determine whether there was good cause as described in § 404.617 for failure to file proof of support or an application for a lump-sum death payment within the 2year period prescribed in §§ 404.319, 404.334, 404.341, and 404.355, the applicant shall submit his signed statement, stating the reasons why he or she did not file proof of support or an application for a lump-sum death payment, as the case may be, within the prescribed 2-year period. Applicant shall also submit, when requested, other evidence of probative value relating to his or her reasons for not filing such proof or application within the prescribed 2-year period. [28 F.R. 216, Jan. 9, 1963, as amended at 29 F.R. 15510, Nov. 19, 1964]

§ 404.721 When evidence as pendency of child required.

to de

A child who applies for monthly benefits based upon the earnings of an individual shall submit evidence as specified in §§ 404.722 to 404.724, inclusive, as may be appropriate, of his dependency upon such individual at the applicable time specified in § 404.323. If such evidence is not obtainable, the applicant shall state the reason therefor and submit other evidence of probative value. [28 F.R. 216, Jan. 9, 1963, as amended at 29 F.R. 15510, Nov. 19, 1964]

§ 404.722 Evidence as to dependency of child on father or adopting father. If the individual upon whose earnings the claim for benefits is based is the father or adopting father of the child, there shall be submitted, as requested, a signed statement by a person having personal knowledge thereof that, at the applicable time specified in § 404.323:

(a) The child is the legitimate or legally adopted child of such individual and had not been legally adopted by some other person, and, if benefits for months before September 1960 are involved and such child had a stepfather, such child was not living with or receiving more than one-half of his support from his stepfather (if the child was living with a stepfather who was contributing to the child's support, the statement of contributions described in § 404.723 (b) shall also be submitted); or

(b) Such individual and the child were living together at a common place of above, giving the address of such place, or, if they were living apart, stating the place where each was living, the reason they were not living in the same place, the date they last lived together, and the expected length of the separation; or

(c) Such individual was contributing to the support of the child, describing the amount, time or times, and the manner of making such contributions.

[28 F.R. 217, Jan. 9, 1963, as amended at 29 F.R. 15510, Nov. 19, 1964]

§ 404.723 Evidence as to dependency of child on stepfather.

If the individual upon whose earnings the claim for benefits is based is the stepfather of the child, there shall be submitted a signed statement by a person having personal knowledge thereof, that, at the applicable time specified in § 404.323:

(a) Such individual and the child were living together at a common place of abode, giving the address of such place, or, if they were living apart, stating the place where each was living, the reason they were not living in the same place, the date they last lived together, and the expected length of the separation;

or

(b) The child was receiving at least one-half of his support from such individual. If the child was receiving his total support from such individual, the statement shall be to this effect; if the child was not receiving his total support from the individual, the statement shall set forth as of the applicable time and for a period of not less than one year before such time, the amount of the child's income, if any, and any other sources of support including contributions received, when they were received, and by whom they were furnished.

[28 F.R. 217, Jan. 9, 1963, as amended at 29 F.R. 15510, Nov. 19, 1964]

§ 404.724 Evidence as to dependency of child on mother, adopting mother, or stepmother.

(a) General. Except as provided in paragraph (b) of this section, if the individual upon whose earnings the claim for benefits is based is the child's mother, adopting mother, or stepmother, there shall be submitted by a person having personal knowledge thereof:

(1) A signed statement setting forth as of the applicable time for meeting the dependency requirement as specified in § 404.323, and for a period of not less than one year before such time, the amount of the child's income, if any, and any other sources of support including contributions received, when they were received, and by whom they were furnished; and

(2) A signed statement setting forth with whom such child was living at the applicable time, giving the address of such place, and, if the child was not living with the individual upon whose earnings the claim for benefits is based, the place where each was living, the reason they were not living in the same place, the date they last lived together, and the expected length of the separa

tion.

(b) When evidence as to dependency is not required. If the individual upon whose earnings the claim for benefits is based, is the child's natural or legally adopting mother, and such individual was currently insured (see Subpart B of this part) at the applicable time for meeting the dependency requirement as specified in section. 202(d) (1) (C) of the Act, no evidence as to dependency of the child upon such individual shall be required.

[28 F.R. 217, Jan. 9, 1963, as amended at. 29 F.R. 15510, Nov. 19, 1964]

§ 404.725 Evidence as to wife under age 62, or over age 61 but under age 65, having care of child.

A wife under age 62 who applies for monthly benefits based upon the earnings of her husband shall submit a signed statement as to whether she has in her care, individually or jointly with her husband at the time of filing such application, a child of her husband entitled to a child's insurance benefit based upon such earnings. A wife over age 61 but under age 65 who is entitled to wife's insurance benefits, or who applies for such benefits, shall submit, when