SECTION 204 (b) OF THE ACT

There shall be no adjustment or recovery by the United States in any case where incorrect payment has been made to an individual who is without fault (including payments made prior to January 1, 1940), and where adjustment or recovery, would defeat the purpose of this title or would be against equity and good conscience.

§ 403.602 Waiver of adjustment or recovery. Section 204 (b) of the act provides that there shall be no adjustment or recovery (by legal action or otherwise) by the United States in the case of an incorrect payment to an individual (including payments made prior to January 1, 1940), if the following conditions exist:

(a) Such individual is without fault, and

(b) Adjustment or recovery would either:

(1) Defeat the purpose of Title II of the act, or

(2) Be against equity and good conscience.

SECTION 204 (c) OF THE ACT

No certifying or disbursing officer shall be held liable for any amount certified or paid by him to any person where the adjustment or recovery of such amount is waived under subsection (b), or where adjustment under subsection (a) is not completed prior to the death of all persons against whose benefits deductions are authorized.

§ 403.603 Liability of certifying officer. Section 204 (c) of the act provides that no certifying or disbursing officer shall be held liable for any amount certified or paid by him to any person:

(a) Where the adjustment or recovery of such amount is waived under section 204 (b) of the act (see § 403.602); or

(b) Where adjustment under section 204 (a) of the act (see § 403.601) is not completed prior to the death of all persons against whose benefits or lump sum deductions are authorized.

Subpart G-Procedures

SECTION 205 (a) oF THE ACT

The Board shall have full power and authority to make rules and regulations and to establish procedures, not inconsistent with the provisions of this title, which are necessary or appropriate to carry out such provisions, and shall adopt reasonable and proper rules and regulations to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits hereunder

SECTION 205 (m) OF THE ACT

No application for any benefit under this title filed prior to three months before the first month for which the applicant becomes entitled to receive such benefit shall be accepted as an application for the purposes of this title.

SECTION 202 (h) OF THE ACT

An individual who would have been entitled to a benefit under subsection (b), (c), (d), (e), or (f) for any month had he filed application therefor prior to the end of such month, shall be entitled to such benefit for such month if he files application therefor prior to the end of the third month immediately succeeding such month.

[Preceding statutory provision, in small type, superseded by following statutory provision, also in small type, during period covered by this Supplement]

SECTION 202 (h) OF THE ACT

An individual who would have been entitled to a benefit under subsection (a), (b), (c), (d), (e), or (f) for any month had he filed application therefor prior to the end of such month, shall be entitled to such benefit for such month if he files application therefor prior to the end of the third month immediately succeeding such month.

[As amended by section 405 of the Act of August 10, 1946 (60 Stat. 987). The letter (a) was added. Applicable only to application for benefits filled after December 31, 1946.]

CODIFICATION: Statutory provision from section 202 (h) amended to read as set forth above, by Regs. 3, amended, Commissioner for Social Security, Jan. 13, 1947, approved, Federal Security Administrator, Jan. 24, 1947, 12 F.R. 618, 885.

SECTION 202 (g) OF THE ACT

No payment [of any lump sum] shall be made to any person under this subsection, unless application therefor shall have been filed, by or on behalf of any such person (whether or not legally competent), prior to the expiration of two years after the date of death of such [fully or currently insured] individual.

SECTION 404 (c) OF THE ACT OF AUGUST 10,

1946 (60 STAT. 987)

In the case of any individual who, after December 6, 1941, and before the date of the enactment of this act, died outside the United States (as defined in section 1101 (a) (2) of the Social Security Act, as amended), the two-year period prescribed by section 202 (g) of such act for the filing of application for a lump-sum death payment shall not be deemed to have commenced until the date of enactment of this act.

CODIFICATION: Statutory provision from section 404 (c) added by Regulations 8, amended, Commissioner for Social Security.

Jan. 13, 1947, approved, Federal Security Administrator, Jan. 24, 1947, 12 F.R. 618.

SECTION 5 OF THE ACT APPROVED AUGUST 13, 1940 (54 STAT. 785)

Any application for payment filed with the Railroad Retirement Board prior to, or within sixty days after, the enactment of this act shall, under such regulations as the Social Security Board may prescribe, be deemed to be an application filed with the Social Security Board by such individual or by any person claiming any payment with respect to the wages of such individual, under any provision of section 202 of the Social Security Act, as amended.

SECTIONS 101, 104, 205, 601 AND 604 OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940 (54 STAT. 1178)

SEC. 101. Definitions. (1) The term "persons in military service" and the term "persons in the military service of the United States," as used in this act, shall include the following persons and no others: All members of the Army of the United States, the United States Navy, the Marine Corps, the Coast Guard, and all officers of the Public Health Service detailed by proper authority for duty either with the Army or Navy.

the

(2) The term "period of military service," as used in this act, shall include the time between the following dates: For persons in active service at the date of the approval of this act it shall begin with the date of approval of this act; for persons entering active service after the date of this act, with the date of entering active service. It shall terminate with the date of discharge from active service or death while in active service, but in no case later than the date when this act ceases to be in force.

SEC. 104. Extension of benefits to citizens serving with forces of war allies. Persons who serve with the forces of any nation with which the United States may be allied in the prosecution of any war in which the United States engages while this act remains in force and who immediately prior to such service were citizens of the United States shall, except in those cases provided for in section 512, be entitled to the relief and benefits afforded by this act if such service is similar to military service as defined in this act, unless they are dishonorably discharged therefrom, or it appears that they do not intend to resume United States citizenship.

*

SEC. 205. Statutes of limitations as affected by period of service. The period of military service shall not be included in computing any period now or hereafter to be limited by any law, regulation, or order for the bringing of any action or proceeding in any court, board, bureau, commission, department or other agency of government by or against any person in military service or by or against

SEC. 601. Certificates of service; persons reported missing.

*

(3) Where a person in military service has been reported missing he shall be presumed to continue in the service until accounted for, and no period herein limited which begins or ends with the death of such person shall begin or end until the death of such person is in fact reported to or found by the Department of War or Navy, or any court or board thereof, or until such death is found by a court of competent jurisdiction: Provided, That no period herein limited which begins or ends with the death of such person shall be extended hereby beyond a period of six months after the time when this Act ceases to be in force.

SEC. 604. Termination of Act. This Act shall remain in force until May 15, 1945: Provided, That should the United States be then engaged in a war, this Act shall remain in force until such war is terminated by a treaty of peace proclaimed by the President and for six months thereafter: Provided further, That wherever under any section or provision of this Act a proceeding, remedy, privilege, stay, limitation, accounting, or other transaction has been authorized or provided with respect to military service performed prior to the date herein fixed for the termination of this Act, such section or provision shall be deemed to continue in full force and effect so long as may be necessary to the exercise or enjoyment of such proceeding, remedy, privilege, stay, limitation, accounting, or other transaction.

§ 403.701 Filing of applications and other forms-(a) Prescribed application forms. Applications for benefits and lump sums shall be made as provided in the regulations in this part. Application shall be made on such forms and in accordance with such instructions (printed thereon or attached thereto) as are prescribed by the Commissioner. The prescribed forms may be obtained from any office of the Bureau. See paragraph (k) of this section for provisions regarding Bureau records of oral or written requests for benefits as applications. [Paragraph (a) amended, Oct. 7, 1946, approved Oct. 9, 1946, 11 F.R. 12043]

(b) Execution of applications. Applications for benefits and lump sums shall be signed by the person described in paragraph (c) of this section.

(c) Persons who may execute applications. Applications for benefits and lump

sums shall be executed by the person designated under subparagraphs (1), (2), (3), or (4) of this paragraph according to the conditions stated:

(1) If the applicant has attained the age of 18 and is mentally competent, the application shall be executed by him.

(2) If, however, the applicant (regardless of his age) has a legally appointed guardian, committee, or other legal representative, the application shall be executed by such guardian, committee, or representative. For authority to file application on behalf of an estate which is equitably entitled see § 403.408 (b) (2). [Subparagraph (2) amended, Sept. 23, 1946, effective June 18, 1946, 11 F.R. 11067]

(3) If the applicant has attained the age of 16, is mentally competent, has no guardian, committee, or other legal representative, and is not in the care of any person, such applicant may execute the application upon filing a statement on the prescribed form, indicating capacity to act on his own behalf.

(4) If the applicant has no guardian, committee, or other legal representative, the application shall be executed by the person who has such applicant in his care if:

(1) He is mentally incompetent (regardless of his age), or

(ii) He is mentally competent but has not attained the age of 18.

If the person having the care of the applicant is an institution, the application may be executed by the manager or principal officer of such institution. For good cause shown the Administration may accept applications executed by persons other than those described above.

(d) Evidence of authority to execute an application on behalf of another. Where the application for benefits or a lump sum is executed by a person other than the applicant, such person shall, at the time of filing the application or within a reasonable time thereafter, file evidence of his authority to execute the application on behalf of such applicant. If the person executing the application is the legally appointed guardian, committee, or other legal representative of such applicant, the evidence should be a certificate executed by the proper offcial of the court of appointment. If the person executing the application is not such a legal representative, the evidence shall be a statement describing his rela

tionship to the applicant and, except where the application is executed by a parent on behalf of a child with whom he is living, the extent to which he has the care of such applicant, or his position as an officer of the institution of which such individual is an inmate. The Administration may, at any time, require additional evidence to establish the authority of any such person.

Ap

(e) Place of filing applications. plications for benefits and lump sum shall be filed (in person, by mail, or otherwise) at an office of the Bureau, or with an employee of the Administration who has been duly authorized to receive such applications at a place other than such an office.

(f) Time of filing applications for benefits. An application for benefits will be accepted as an application for the purpose of this title if it is filed not more than three months prior to the first month for which the applicant could become entitled to such benefits. An application filed at any time after the first month for which the applicant could have been entitled to benefits will be accepted as an application for benefits for the purposes of this title, beginning with any of the three months immediately preceding the month in which it is filled, except that an application for primary insurance benefits will not be accepted as an application, for the purposes of this title, for any month preceding the month in which it is filled.

[Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement]

(f) Time of filing applications for benefits. An application for benefits will be accepted as an application for the purposes of this title if it is filed not more than three months prior to the first month for which the applicant could become entitled to such benefits. An application filed at any time after the first month for which the applicant could have been entitled to benefits will be accepted as an application for benefits for the purposes of this title, beginning with any of the three months immediately preceding the month in which it is filed, except that an application for primary insurance benefits filed prior to January 1, 1947, will not be accepted as an application, for the purposes of this title, for any month preceding the month in which it is filed. [First paragraph of paragraph (f) amended by Regs. 3, Jan. 13, 1947, approved Jan. 24, 1947, 12 F.R. 6181

Except as otherwise provided herein, an application is considered to have been

filed as of the date the application is received at an office of the Bureau or by an employee of the Administration authorized to receive it. An application shall be considered to have been received:

(1) Effective April 1, 1943, if the application is deposited in and transmitted by United States mail and the fixing of the date of delivery as the date of filing I would result in a loss or impairment of benefit rights, as of the date of mailing. The date appearing on the postmark (when available and legible) shall be prima facie evidence of the date of mailing.

(2) With respect to cases arising prior to August 27, 1946, only, if an applicant expressed to a representative of the Bureau an intention to file a claim and his failure to file a formal application at that time is detrimental to his benefit rights, and resulted from the failure of such Bureau representative properly to advise or inform him concerning the requirements of the act or the Administration's regulations thereunder as applied to the facts furnished by the applicant, or resulted from the action of such Bureau representative in informing him that an existing ruling precluded entitlement and subsequently such ruling was reversed, as of the date the applicant first expressed his intention to file, provided a formal application is filed and the applicant consents to such date as the date of receipt. [First paragraph of subparagraph (2) amended, Oct. 7, 1946, approved Oct. 9, 1946, 11 F.R. 12044]

If the application is for primary insurance benefits or for recomputation of such benefits and if it is received not more than three months before the first month for which the applicant becomes entitled, the application shall be deemed to have been filed as of whichever date within three months after the month of receipt will result in entitlement to the greatest primary insurance benefits. An application for benefits beginning with a month other than the month in which the application is filed shall for the purpose of determining whether the conditions of eligibility have been satisfied, be deemed to have been filled in such other month.

CODIFICATION: Last paragraph of subparagraph (2) revoked, by Regulations 3, amended, Commissioner for Social Security, Jan. 13, 1947, approved by the Federal Security Administrator, Jan. 24, 1947, 12 F.R. 618.

Example 1: H is entitled to primary insurance benefits. W, his wife, will be 65 in May 1940, which is the first month for which she could, upon filing application, become entitled to wife's insurance benefits. If she

files her application prior to February, it will be of no force and effect because filed more than three months prior to the first month for which she could become entitled."

If W is living with H in February and files her application in that month, but is not living with H in May, she will not become entitled to benefits in May. Her application will be deemed to have been filed in May for the purpose of determining whether she has met the conditions of entitlement. If W was not living with H in May she has failed to meet a condition of entitlement. See § 403.403.)

Example 2: H is entitled to primary insurance benefits. W, his wife, will be 65 in May 1940. If she filles her application in June, July, or August, she may become entitled to wife's insurance benefits beginning with May, but if she files in September, June is the first month for which she could become entitled.

If W is living with H in May, she will be entitled to benefits beginning with that month if she files application in June, July, or August, even though she is not living with H in the month in which she files. Her application will be deemed to have been filed in May for the purpose of determining whether she has met the conditions of entitlement. Likewise, if she is living with H in June she will be entitled to benefits beginning with that month if she files application in July, August, or September, even though she is not living with him in the month in which she files.

Example 3: A mails an application for primary insurance benefits which is postmarked June 29, and is received at an office of the Bureau on July 1. If July 1 were fixed as the filing date the amount of A's benefit would be decreased from $28.55 to $27.80. The filling date is, therefore, considered to be June 29. Whether or not A worked for wages of more than $14.99 in June and whether his benefit would thus be subject to a deduction (see § 403.503 (a)) is immaterial, since in either event he would lose a month's benefit if July were considered as the filling date.

Example 4: A's application for primary insurance benefits is received by the Bureau on March 3, 1945. He states he has worked for wages of more than $14.99 in March 1945. His primary insurance benefit computed as of March 1945 is $32.72. If April 1, 1945, is considered the filling date, the primary insurance benefit will amount to $33.48. Since the wage earner cannot become eligible for a March benefit (see § 403.503 (a)), his application will be considered to have been filled as of April 1, 1945. If the wage earner had not worked for wages of $14.99 in March, his application would have been considered filed as of March 3, 1945, so that he might obtain a benefit for March. If the wage earner also files an application for recomputation of benefits before April 1, 1945, this application will be considered to have been filed as of April 1, 1945, so that he may obtain the larger benefit for April and all succeeding months.

[Example 4 revoked, by Regs. 3, Jan. 13, 1947, approved Jan. 24, 1947, 12 F.R. 618]

(g) Time of filing applications for lump sums. An application for a lump sum must, except as otherwise provided in paragraph (j) of this section, be filled within 2 years after date of the death of the individual upon the basis of whose wages such lump sum is claimed (see § 403.408 (a) (3)).

[Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement]

(g) Time of filing applications for lump sums. An application for a lump sum must be filed within 2 years after the date of the death of the individual upon the basis of whose wages such lump sum is claimed (see § 403.408 (a) (3)) with the following exceptions:

(1) As provided in paragraph (j) of this section; and

(2) Where the death of such individual occurred outside the United States after December 6, 1941, and before August 10, 1946, such applications may be filled up to and including August 9, 1948. [Paragraph (g) amended by Regs. 3, Jan. 13, 1947, approved Jan. 24, 1947, 12 F.R. 618]

(h) Execution and filing of requests and notices. Except as otherwise provided in the regulations in this part, any request for a determination or decision relating to a person's right to benefits or a lump sum, or relating to the revision of wage records, or any notice, provided for by the regulations, shall be in writing and shall be signed by the person authorized to execute an application under paragraph (c) of this section. Such requests and notices shall be filed at an office of the Bureau or with an employee of the Administration who is authorized to receive them.

(i) Applications filed with the Railroad Retirement Board on or before October 12, 1940. Notwithstanding any other provision of these regulations or of the act restricting the acceptability of an application filed prior to three months before the first month for which an individual could become entitled to a benefit, or any provision of these regulations restricting the place for filing an application, any application which was filed with the Railroad Retirement Board on or before October 12, 1940, for any annuity, pension, or benefit under the Railroad Retirement Act of 1935 or un

der the Railroad Retirement Act of 1937, which application is based in whole or in part on wages received for services in employment under the act, shall as of the date on which such application was filed with the Railroad Retirement Board, be deemed to be an acceptable application filed with the Social Security Administration for any benefits payable to any individual who could have become entitled to a benefit with respect to such wages prior to the month of February 1941.

(j) Extensions of filing periods by Soldiers' and Sailors' Civil Relief Act of 1940. Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, in computing the periods allowed for the filing of an application for lump-sum death payment under section 202 (g) (see § 403.408), filling of proof of parent's dependency and support under section 202 (f) (see § 403.407), filing of a request for revision of wage record under section 205 (c) (see § 403.706), filing of a request for reconsideration (see § 403.708), filing of a request for a hearing (see § 403.709), and filing of a request for a review (see § 403.710), by a person in military service or by a surviving civilian relative of such person in military service meeting the test of wife, widow, child, or parent under section 209 (m) (or, in the case of lump-sum death payments, the test of relatives designated by section 202 (g)) of the Social Security Act, there shall not be included that portion of the period of his military service (as defined in the Soldiers' and Sailors' Civil Relief Act of 1940) falling within the period so to be computed. The period of military service commences with the effective date of the act (October 17, 1940) or the date of his entrance into active military service (whichever is later) and ends upon (1) the date the act ceases to be in force or the date of his death or discharge from service (whichever is earlier) or (2) if he was reported missing and is subsequently found (actually or presumptively) to have died, then (i) the date such death is reported to or found by the proper service department, or (ii) the date such finding is made by a court of competent jurisdiction, or (iii) six months after the act ceases to be in force (whichever date is earliest). For the purposes of this section, the Soldiers' and Sailors' Civil Relief Act will cease to be in force six months after the termination of World War II by a