403.835 Definition of “living with"; widower.

Subpart I-Miscellaneous Provisions

403.901 Disclosure of information. 403.902 Promulgation of regulations. Subpart J-Benefits in Case of Deceased World War II Veterans 1 General effect of section 210 of the act.

403.1001 403.1002 Requirements under section 210 (a).

403.1003 Rights conferred under section 210 (a).

403.1004 Meaning of terms.

403.1005 Relation of social security payments to Veterans' Administration benefits.

403.1006 Time of death of veteran as affecting application for and payment of benefits and a lump sum. 403.1007 Supporting evidence as to right to receive benefits and lump sums. AUTHORITY: §§ 403.1 to 403.1007, inclusive, issued under sec. 1102, 49 Stat. 647, sec. 205 (a), 58 Stat. 1368; 42 U.S.C. 1302. More specific authority is cited following sections affected.

SOURCE: §§ 403.1 to 403.1007, inclusive, contained in Regulations 3, amended, Commissioner for Social Security, July 16, 1946, approved by the Federal Security Administrator, Jan. 20, 1947, 12 F.R. 570, except as noted following provisions affected.

NOTE: Amendments to Part 403 issued subsequent to July 16, 1946, and appearing in 20 CFR, 1946 Supp., Part 403, have been incorporated in this revision.

INTRODUCTORY

§ 403.1 Chronological description of pertinent statutes and regulations. This section describes, chronologically, the statutes forming the basis for the old-age and survivors insurance system under Title II of the Social Security Act, as amended, and the regulations which have been issued thereunder.

1 Subpart J added March 11, 1947.

(a) Title II of the Social Security Act, and amendments effective prior to January 1, 1940, and regulations of the Social Security Administration thereunder-(1) Statutes. Title II of the Social Security Act, approved August 14, 1935 (49 Stat. 622; 42 U.S.C. 401-410a), provided in sections 202 to 210 for oldage benefits payable in lump sums beginning January 1, 1937, and for old-age benefits payable monthly, beginning January 1, 1942.

Section 15 of the Railroad Retirement Act of 1935, approved August 29, 1935 (49 Stat. 974; 45 U.S.C. 215), excludes service performed in the employ of a carrier, as defined in such act, from employment on the basis of which benefits were payable under such Title II of the Social Security Act. Similarly, section 17 of the Railroad Retirement Act of 1937, approved June 24, 1937 (50 Stat. 317; 45 U.S.C. 228q) excludes service performed by an individual as an employee, as defined in such act, from employment under such Title II. The coverage provisions of section 1 of the Railroad Retirement Acts of 1935 and 1937, which affect the exclusion from employment under such Title II of the Social Security Act, were retroactively amended by Joint Resolution of June 11, 1940 (54 Stat. 264; 45 U.S.C. 215-228), and act of August 13, 1940 (54 Stat. 785; 45 U.S.C. 151 notes) (which relates to coalmining operations). Such coverage provisions of the Railroad Retirement Act of 1937 were also retroactively amended by section 13 of the act of April 8, 1942 (56 Stat. 209; 45 U.S.C. 228a).

Section 902 (f) of the Social Security Act Amendments of 1939, approved August 10, 1939 (53 Stat. 1400; 42 U.S.C. 1011 note, 1107 note), provides, in part, that no payment shall be made under such Title II with respect to services performed prior to January 1, 1940, in the employ of foreign governments and certain of their instrumentalities.

Section 902 (g) of the Social Security Act Amendments of 1939 (53 Stat. 1400) provides that no lump-sum payment shall be made under the provisions of section 204 of such Title II after August 10, 1939, except to the estate of an indi'vidual who dies prior to January 1, 1940.

Section 2 of the act of August 11, 1939 (53 Stat. 1420; 26 U.S.C. 1410 note), provides, in part, that no payment shall be made under such Title II with respect to certain services rendered prior to Janu

ary 1, 1940 in salvaging timber or clearing debris left by a hurricane.

(2) Regulations. Regulations relating to the benefits provided for under Title II of the Social Security Act, as approved August 14, 1935, and as amended or affected by the statutes set forth in subparagraph (1) of this paragraph, are set forth in Regulations No. 2 as amended from time to time and codified in 20 CFR, Part 402.

(b) Title II of the Social Security Act, as amended effective January 1, 1940, and regulations of the Social Security Administration thereunder-(1) Statutes. The Social Security Act Amendments of 1939 (53 Stat. 1360; 42 U.S.C. Ch. 7), approved August 10, 1939, amend Title II of the Social Security Act, effective January 1, 1940, by making new provisions for monthly benefits and lump-sum death payments in substitution for the original provisions of sections 202 to 210, inclusive, of such title.

Section 907 of such amendments, as originally enacted added a provision requiring deductions to be made from benefits and lump sums under Title II in case of nonpayment of, and failure to deduct, certain taxes with respect to an individual's employment in 1939 and subsequent to attainment of age 65. This section has been amended by section 1 (b) (3) of the act approved March 24, 1943 (57 Stat. 47; 26 U.S.C. 1400 note), more fully referred to below.

(Section 902 (f) of the Social Security Act Amendments of 1939 and section 2 of the act of August 11, 1939 (53 Stat. 1420; 26 U.S.C. 1410 note) (see paragraph (a) (1) of this section), prohibit any payment with respect to services described therein, under the substituted provisions of Title II as well as under the provisions in effect prior to January 1, 1940. For exclusions from employment corresponding to the provisions of sections 15 and 17 of the Railroad Retirement Acts of 1935 and 1937, respectively, see § 403.816.)

The act approved March 24, 1943 (57 Stat. 45; 50 U.S.C. App. 1291), as amended by the act approved April 4, 1944 (58 Stat. 188; 50 U.S.C. App. 1291), provides for certain rights and benefits to officers and members of crews of vessels as employees of the United States performing wartime service; adds to such Title II of the Social Security Act, as amended, a new section, 209 (0), relating to the coverage of such wartime

service; and amends section 907 of the Social Security Act Amendments of 1939 (53 Stat. 1402; 26 U.S.C. 1400 note) by requiring deductions to be made from benefits and lump sums under Title II in case of nonpayment of, and failure to deduct, certain taxes with respect to such wartime services.

The act approved December 29, 1945 (59 Stat. 669; 22 U.S.C. 228-288f) adds paragraph (16), excepting from employment service performed in the employ of an international organization, to section 209 (b); and also prohibits any payment under Title II of the act with respect to any such service rendered prior to January 1, 1946.

The act approved October 23, 1945 (59 Stat. 546; 16 U.S.C. 832a) adds to Title II of the Social Security Act, as amended, a new section, 209 (p), relating to the coverage of certain services of laborers, mechanics, and workmen as employees of the Bonneville Power Administrator when such services are not covered by the Civil Service Retirement Act, as amended. [Undesignated paragraph added Aug. 27, 1946, approved Sept. 3, 1946, 11 F.R. 9792]

The act approved August 8, 1946 (60 Stat. 925) provides that the exception from employment of services in the employ of the United States Government or of any instrumentality of the United States shall not apply to services in connection with certain properties or interests vested in or transferred to the Alien Property Custodian. [Undesignated paragraph added, Sept. 24, 1946, approved Sept. 25, 1946, 11 F.R. 11132]

The act approved August 10, 1946 (Public Law 719, 79th Congress; 60 Stat. 978), adds to Title II of the Social Security Act, as amended, a new section 210 designated "Benefits in case of deceased World War II Veterans," and amends sections 202, 203, and 209 of said Title II of the Social Security Act, as amended. Details of these amendments appear in appropriate sections of this chapter. [Undesignated paragraph added Jan. 13, 1947, approved Jan. 24, 1947, 12 F.R. 612]

(2) Regulations. The regulations in this part, as from time to time amended, are applicable to such Title II, as amended effective January 1, 1940, and as subsequently amended or affected by the statutes referred to under subpara

graph (1) of this paragraph. (For the extent to which the regulations in this part supersede Part 402 of this chapter (Regulations No. 2), as amended, as indicated under paragraph (a) (2) of this section, see § 403.102.)

Subpart A-Scope of Regulations

§ 403.101 Scope of this part. The regulations in this part relate to old-age and survivors insurance benefits and to lump-sum death payments under Title II of the act (as defined in section 801 (d)).

The act provides the following types of payments for the wage earner and for persons having a designated relation to him: primary insurance benefits (to the wage earner), wife's insurance benefits, child's insurance benefits, widow's insurance benefits, widow's current insurance benefits, parent's insurance benefits, and lump-sum death payments. The lumpsum death payments to which these regulations relate (hereinafter referred to as lump sums) are to be distinguished from lump-sum payments to estates of individuals who died prior to January 1, 1940 (see § 403.102). The subject matter of the regulations in this part is divided into nine subparts in addition to this subpart, as follows:

Subpart B: "Insured status," which is a basic condition of entitlement to each kind of benefit enumerated above and to lump sums.

Subpart C: Basic computation of benefits and lump sums: "primary insurance benefit" and "average monthly wage."

Subpart D: Conditions of entitlement to the several types of benefits and to lump sums and the method of computing the amount thereof.

Subpart E: Reduction and increase of insurance benefits in cases where such benefits would otherwise exceed a stated maximum or would total less than a stated maximum or would total less than a stated minimum and deductions required from benefits and from lump sums.

Subpart F: Adjustment of overpayments and underpayments.

Subpart G: Evidence, procedure, and payment including the administrative procedures for the determination and certification of payment of benefits, the maintenance and revision of wage records, the hearing and review of matters affecting payments and the revision of

wage records, and the representation of parties.

Subpart H: Definitions:

General definitions (§ 403.801).
Employment (§§ 403.802-403.826a).
Wages (§§ 403.827-403.828).

Family relationships (§§ 403.829–403.834). [Preceding text, in small type, superseded by following text during period covered by this Supplement]

Subpart H: Definitions:

General Definitions (§ 403.801).
Employment (§§ 403.802-403.826 (a)).
Wages (§§ 403.827-403.828).

Family Relationships (§§ 403.829 403.835). [As amended Oct. 23, 1947, approved Oct. 24, 1947, 12 F.R. 7058]

Subpart I: Miscellaneous provisions:
Penalties.

Disclosure of information, penalty.
Promulgation of regulations.

Subpart J: Benefits in case of deceased World War II veterans.

CODIFICATION: In § 403.101 the word "eight" at the end of the second paragraph was changed to "nine," and the item "Subpart J: Benefits in case of deceased World War II veterans" was added, by Regulations 3, amended, Mar. 11, 1947, approved Mar. 13, 1947, 12 F.R. 1811.

§ 403.102 Extent to which Part 402 of this chapter (Regulations No. 2) remains operative. The provisions of Part 402 of this chapter (Regulations No. 2) applicable to lump-sum payments to estates of individuals who died prior to January 1, 1940, continue in effect. The determination of whether services performed prior to January 1, 1940, constitute employment within the meaning of the regulations in this part is made in accordance with the applicable provisions of Part 402 of this chapter (Regulations No. 2), except as provided in § 403.802, and whether remuneration paid after December 31, 1936, and prior to January 1, 1940, constitutes wages within the meaning of the regulations in this part is determined in accordance with Part 402 of this chapter (Regulations No. 2), except as provided in § 403.827.

Subpart B-Insured Status
SECTION 209 (g) OF THE ACT

The term "fully insured individual" means any individual with respect to whom it appears to the satisfaction of the Board that

(1) He had not less than one quarter of coverage for each two of the quarters elapsing after 1936, or after the quarter in which

he attained the age of twenty-one, whichever quarter is later, and up to but excluding the quarter in which he attained the age of sixty-five, or died, whichever first occurred, and in no case less than six quarters of coverage; or

(2) He had at least forty quarters of coverage.

As used in this subsection, and in subsection (h) of this section, the term "quarter" and the term "calendar quarter" means a period of three calendar months ending on March 31, June 30, September 30, or December 31; and the term "quarter of coverage" means a calendar quarter in which the individual has been paid not less than $50 in wages. When the number of quarters specified in paragraph (1) of this subsection is an odd number, for purposes of such paragraph such number shall be reduced by one. In any case where an individual has been paid in a calendar year $3,000 or more in wages, each quarter of such year following his first quarter of coverage shall be deemed a quarter of coverage, excepting any quarter in such year in which such individual dies or becomes entitled to a primary insurance benefit and any quarter succeeding such quarter in which he died or because so entitled.

§ 403.201 Fully insured status-(a) Benefits based upon fully insured status. All old-age and survivors insurance benefits and lump sums are conditioned upon a wage earner's insured status. This status is determined by his wage history. Unless a wage earner is a fully insured individual, he cannot become entitled to primary insurance benefits, his wife cannot become entitled to wife's insurance benefits, nor can his child during the wage earner's lifetime become entitled to child's insurance benefits, on the basis of his wages. Unless a deceased wage earner was a fully insured individual at death, neither his widow nor his surviving parent can become entitled to widow's or parent's insurance benefits, and unless the deceased wage earner was either a fully insured individual or currently insured individual (see § 403.202) at death, neither his widow nor surviving child can become entitled to widow's current insurance benefits or child's insurance benefits, nor can any person become entitled to a lump sum, on the basis of his wages. (See Subpart D as to conditions of entitlement.)

(b) Quarter of coverage. An individual has a fully insured status if he has acquired the requisite number of quarters of coverage. An individual acquires a quarter of coverage in any cal