contracted prior to the date on which F attained the age of 60, and prior to the twelfth month before the month in which F died.

(2) In cases of applications filed after December 31, 1946. A stepchild of a wage earner is a "child" of such wage earner if the relationship was created by virtue of a marriage, valid under applicable State law, which was contracted:

(i) In the case of a living wage earner, at least 36 calendar months immediately preceding the month in which application for child's benefits is filed; or

(ii) In the case of a deceased wage earner, at least 12 calendar months immediately preceding the month in which such wage earner died.

Example: H and W, husband and wife, had a child C. H died. W then contracted a marriage with F on March 19, 1946, which was valid under the law of the State where she and F were domiciled (applicable State law). In April 1947, F dies. Under applicable State law a stepchild is not a child. C, is nevertheless, a "child" of F, since he was a stepchild of F by virtue of a marriage contracted at least 12 calendar months immediately preceding the month in which F died.

(c) Adopted children-(1) Only in cases of applications filed prior to January 1, 1947. An individual who was legally adopted by a wage earner in accordance with applicable State law, prior to the date upon which the wage earner attained the age of 60 and prior to the beginning of the twelfth month before the month in which the wage earner died, is a "child" of such wage earner.

Example: F, at the age of 55, legally adopted C, in accordance with applicable State law. Two years later F died. C is the "child" of F, since he was adopted in accordance with applicable State law prior to the date upon which F attained age 60, and prior to the twelfth month before the month in which F died. It is immaterial whether C is considered a child under applicable State law.

(2) In cases of applications filed after December 31, 1946. A child who was legally adopted by a wage earner in accordance with applicable State law is a "child" of such wage earner if the adoption which created the relationship occurred:

(i) In the case of a living wage earner, at least 36 calendar months immediately preceding the month in which application for child's benefits is filed; or

(ii) In the case of a deceased wage earner, at least 12 calendar months im

mediately preceding the month in which such wage earner died.

Example: F, at age 62, legally adopted C, age 6, on November 5, 1943, in accordance with applicable State law. In February 1947, F becomes entitled to primary insurance benefits and applies for child's benefits on behalf of C. C is the "child" of F, since he was adopted in accordance with applicable State law at least 36 calendar months immediately preceding the month in which application for child's benefits is filed.

[Regs. 3, Jan. 13, 1947, approved Jan. 24, 1947, 12 F.R. 619]

SECTION 202 (f) (3) OF THE ACT

As used in this subsection, the term "parent" means the mother or father of an individual, a stepparent of an individual by a marriage contracted before such individual attained the age of sixteen, or an adopting parent by whom an individual was adopted before he attained the age of sixteen.

§ 403.833 Definition of "parent." An individual is a "parent" of a wage earner, as that term is used in section 202 (f) of the act (see § 403.407) if he meets the requirements under paragraphs (a), (b), or (c) of this section:

(a) Parents. A mother or father (by blood) of a wage earner, who is the parent of such wage earner or has the same status as a parent, under applicable State law (see § 403.829), is the "parent" of such wage earner.

Example: A child, C, was born to W, the wife of H. The child was adopted by F and M. Under the law of the domicile of C (applicable State law), an adoption severs the relationship between a child and its natural parents and they no longer are considered parents in the determination of the devolution of intestate personal property of C. Therefore, H and W are not "parents" of C within the meaning of this section.

(b) Stepparents. An individual who is a stepparent of a wage earner by reason of a marriage valid under applicable State law, which was contracted before such wage earner attained the age of 16, is a "parent" of such wage earner.

Example: H and W were married and had a son C. H died. W later contracted a marriage with F when C was 6 years of age, which was valid under applicable State law. F is a "parent" of C regardless of his status under applicable State law, since F married W before C attained age 16.

(c) Adopting parents. An individual who legally adopted a wage earner in accordance with applicable State law, before the wage earner attained the age of 16, is a "parent" of such wage earner.

Example: H and W adopted C when the latter was 10. The adoption was recognized as legal under applicable State law. Under that law H and W would not be considered as parents. H and W are nevertheless "parents" of C, since they adopted C before he attained age 16.

SECTION 209 (n) oF THE ACT

A wife shall be deemed to be living with her husband if they are both members of the same household, or she is receiving regular contributions from him toward her support, or he has been ordered by any court to contribute to her support; and a widow shall be deemed to have been living with her husband at the time of his death if they were both members of the same household on the date of his death, or she was receiving regular contributions from him toward her support on such date, or he had been ordered by any court to contribute to her support.

§ 403.834 Definition of "living with"; wife or widow. A wife shall be deemed to be "living with" her husband at the time of her application for a benefit is filed, and a widow shall be deemed to have been living with her husband at the time of his death, if, at such time, either of the three following conditions exist:

(a) The husband and wife were at such time members of the same household.

A husband and wife were members of the same household if they were living together, and customarily lived together, in the same place of abode.

A husband and wife who customarily lived together in the same place of abode but who were not actually doing so at such time, may nevertheless be members of the same household, if they were apart only temporarily and intended to resume living together in the same place of abode.

Example: H and W, husband and wife, regularly occupied a room in a boarding house. Due to ill health, H went south intending to return in 6 months. After H's departure, W obtained another room pending H's return. H died 5 months later in the south. W and H were members of the same household and therefore W was "living with" H, at the time of his death, since they customarily lived together in the same place of abode, were absent therefrom only temporarily, and intended to resume living together.

(b) If the wife was at such time receiving regular contributions from her husband toward her support.

Contributions must be substantial, and may be made in cash or other medium.

In determining the sufficiency of contributions under this subsection, the surrounding circumstances with respect to both the time when contributions are made and the amount thereof shall be taken into consideration.

Example: H left his wife W, telling her she might occupy the house which he owned but that he would never return to her. She lived in the house (without paying rent) until his death, and he made no other provision for her support.

W was "living with" H at the time of his death since her use and occupancy of the house constituted regular contributions from H toward her support.

(c) If the husband had, at such time been ordered by any court to contribute to his wife's support.

This condition is met if the husband is legally obligated to contribute to the support of his wife at such time by virtue of any order, judgment, or decree of a court of competent jurisdiction, regardless of whether he actually made any such contribution. In determining the existence of such a legal obligation, any such order, judgment, or decree shall be considered as in full force and effect unless it has expired or has been vacated.

Example 1: H abandoned his wife W and never thereafter contributed to her support. W secured a valid court decree for separate maintenance which directed that H pay $5 a week to the support of W. H left the jurisdiction of the court and never complied with the terms of the decree. He filed application for primary insurance benefits at the age of 65 while living in another State. W thereupon filed application for wife's insurance benefits.

W was "living with" H at the time of filing application since H was legally obligated to contribute to the support of W at such time, by virtue of a decree of a court of competent jurisdiction.

Example 2: After H abandoned his wife W, W secured a valid court decree requiring H to pay $5 a week to the support of W. Later, because of H's illness the order was suspended. H died while this suspension was in effect. W filed a claim for widow's insurance benefits.

W was "living with" H at the time of his death since H was legally obligated to contribute to the support of W at such time, by virtue of a decree of a court of competent jurisdiction. Although the decree was suspended at the time of H's death, it had not expired nor had it been vacated.

CODIFICATION: The heading of § 403.834 was changed from "Definition of 'living with.'" to read as set forth above, by Regulations 3, amended, Commissioner for Social Security, Jan. 13, 1947, approved by the Federal Se

curity Administrator, Jan. 24, 1947, 12 F.R. 620.

§ 403.835 Definition of "living with"; widower. A widower shall be deemed to have been living with his wife at the time of her death if at such time they were members of the same household (see § 403.834 (a)). (Sec. 1102, 49 Stat. 647, sec. 205 (a), 53 Stat. 1368; 42 U.S.C. 1302, 405 (a). Sec. 4 of Reorg. Plan No. 2 of 1946, 3 CFR, 1946 Supp., Ch. IV; sec. 1, F.S.A. Order 57, July 16, 1946, 11 F.R. 7943) [Regs. 3, amended, Jan. 13, 1947, approved Jan. 24, 1947, 12 F.R. 620]

Subpart I-Miscellaneous Provisions

PENALTIES

SECTION 208 OF THE ACT

Whoever, for the purpose of causing an increase in any payment authorized to be made under this title, or for the purpose of causing any payment to be made where no payment is authorized under this title, shall make or cause to be made any false statement or representation (including any false statement or representation in connection with any matter arising under the Federal Insurance Contributions Act) as to the amount of any wages paid or received or the period during which earned or paid, or whoever makes or causes to be made any false statement of a material fact in any application for any payment under this title, or whoever makes or causes to be made any false statement, representation, affidavit, or document in connection with such an application, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than one year, or both.

SECTION 1107 OF THE ACT

(a) Whoever, with the intent to defraud any person, shall make or cause to be made any false representation concerning the requirements of this Act, the Federal Insurance Contributions Act, or the Federal Unemployment Tax Act, or of any rules or regulations issued thereunder, knowing such representations to be false, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both.

(b) Whoever, with the intent to elicit information as to the date of birth, employment, wages, or benefits of any individual (1) falsely represents to the Board that he is such individual, or the wife, parent, or child of such individual, or the duly authorized agent, of such individual, or of the wife, parent, or child of such individual, or (2) falsely represents to any person that he is an employee or agent of the United States, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by

a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both. SECTION 35 (a) OF THE CRIMINAL CODE OF THE UNITED STATES, AS AMENDED

Whoever shall make or cause to be made or present or cause to be presented, for payment or approval, to or by any person or officer in the civil, military, or naval service of the United States or any department thereof, or any corporation in which the United States of America is a stockholder, any claim upon or against the Government of the United States, or any department or officer thereof, or any corporation in which the United States of America is a stockholder, knowing such claim to be false, fictitious, or fraudulent; or whoever shall knowingly and willfully falsify or conceal or cover up by any trick, scheme, or device a material fact, or make or cause to be made any false or fraudulent statements or representations, or make or use or cause to be made or used any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry, in any matter within the jurisdiction of any department or agency of the United States or of any corporation in which the United States of America is a stockholder; or whoever shall enter into any agreement, combination, or conspiracy to defraud the Government of the United States, or any department or officer thereof, or any corporation in which the United States of America is a stockholder, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim; shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

DISCLOSURE OF INFORMATION, PENALTY

SECTION 1106 OF THE ACT

No disclosure of any return or portion of a return (including information returns and other written statements) filed with the Commissioner of Internal Revenue under Title VIII of the Social Security Act or the Federal Insurance Contributions Act or under regulations made under authority thereof, which has been transmitted to the Board by the Commissioner of Internal Revenue, or of any file, record, report, or other paper, or any information, obtained at any time by the Board or by any officer or employee of the Board in the course of discharging the duties of the Board, and no disclosure of any such file, record, report, or other paper, or information, obtained at any time by any person from the Board or from any officer or employee of the Board, shall be made except as the Board may by regulations prescribe. Any person who shall violate any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year, or

both.

1

§ 403.901 Disclosure of information. (a) No disclosure of any return or portion of a return (including information returns and other written statements) filed with the Commissioner of Internal Revenue under Title VIII of the Social Security Act or the Federal Insurance Contributions Act or under regulations made under authority thereof, which has been transmitted to the Administration by the Commissioner of Internal Revenue, or of any file, record, report, or other paper, or any information, obtained at any time by the Administration or by any officer or employee of the Administration in the course of discharging the duties of the Administration, shall be made except as now provided or as may hereafter be provided by duly prescribed regulations of the Commissioner. Provisions regarding such disclosures are now contained in Regulation No. 1 (approved December 3, 1940) as amended, and in applicable provisions of the regulations in this part.

(b) No disclosure of any such file, record, report, or other paper, or information, obtained at any time by any person from the Administration or from any officer or employee of the Administration shall be made except to such extent as may be specifically authorized under duly prescribed regulations of the Commissioner.

RULES AND REGULATIONS

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 1102 OF THE ACT

The Secretary of the Treasury, the Secretary of Labor, and the Social Security Board, respectively, shall make and publish such rules and regulations, not inconsistent with this Act, as may be necessary to the efficient administration of the functions with which each is charged under this Act.

§ 403.902 Promulgation of regulations. In pursuance of sections 205 (a) and 1102 of the act, the foregoing regulations are hereby prescribed, as of July 16, 1946.

Subpart J-Benefits in Case of Deceased World War II Veterans

AUTHORITY: §§ 403.1001 to 403.1007 issued under sec. 1102, 49 Stat. 647, sec. 205 (a), 53 Stat. 1368; 42 U.S.C. 1302, 405 (a); sec. 4, Reorg. Plan No. 2 of 1946, 3 CFR, 1946 Supp., Ch. IV.

SOURCE: $§ 403.1001 to 403.1007, inclusive, contained in Regulations 3, amended, Acting Commissioner for Social Security, Mar. 11, 1947, approved by the Acting Federal Security Administrator, Mar. 13, 1947, 12 F.R. 1811, except as noted following provision affected.

§ 403.1001

General effect of section 210 of the act. Section 210 of the act, as amended, is designed, in general, to give survivors of a veteran of World War II who meets certain requirements the same old-age and survivors insurance rights to which they would be entitled had the veteran died fully insured. Any veteran who meets these requirements and who died within 3 years following separation from active service is deemed to have died fully insured, to have an average monthly wage of not less than $160, and to have been paid wages of not less than $200 in each calendar year in which he had 30 days or more of active military or naval service after September 16, 1940.

The benefits provided are not available where death occurs in active military or naval service, or where the veteran is separated from active service after the expiration of 4 years and 1 day following the termination of World War II. Survivors otherwise eligible for such benefits are barred from receiving benefits or a lump sum where pension or compensation under veterans' laws is determined by the Veterans' Administration to be payable with respect to the death of the veteran, but this does not preclude payment of benefits or a lump sum based on the veteran's covered employment.

Under certain conditions, benefits are payable retroactively to the time of the veteran's death, and benefits otherwise payable on a veteran's wage record may be recomputed where a higher average monthly wage or additional increment years are granted by section 210.

Claims of survivors will not be adjudicated under this subpart if entitlement to all benefits provided by section 210 may be established on the basis of the veteran's wage record.

SECTION 210 (8) OF THE ACT (60 STAT. 979)

Any individual who has served in the active military or naval service of the United States at any time on or after September 16, 1940, and prior to the date of the termination of World War II, and who has been discharged or released therefrom under conditions other than dishonorable after active service of ninety days or more, or by reason of a disability or injury incurred or aggrevated in service in line of duty, shall in the event of his death during the period of three years immediately following separation from the active military or naval service, whether his death occurs on, before, or after the date of the enactment of this section, be deemed: (1) To have died a fully insured individual; (2) To have an average monthly wage of not less than $160; and

(3) For the purposes of section 209 (e) (2), to have been paid not less than $200 of wages in each calendar year in which he had thirty days or more of active service after September 16, 1940.

This section shall not apply in the case of the death of any individual occurring (either on, before, or after the date of the enactment of this section) while he is in the active military or naval service, or in the case of the death of any individual who has been discharged or released from the active military or naval service of the United States subsequent to the expiration of four years and one day after the date of the termination of World War II.

SECTION 210 (e) OF THE ACT (60 STAT. 981)

For the purposes of this section the term "date of the termination of World War II" means the date proclaimed by the President as the date of such termination, or the date specified in a concurrent resolution of the two Houses of Congress as the date of such termination, whichever is the earlier. [Preceding statutory provision, superseded by following statutory provision during period covered by this Supplement]

SECTION 210 (e) OF THE ACT (60 STAT. 981)

For the purposes of this section the term "date of the termination of World War II" means the date proclaimed by the President as the date of such termination, or the date specified in a concurrent resolution of the two Houses of Congress as the date of such termination, whichever is the earlier. [By section 3 of the act of July 25, 1947 (Public Law 239, 80th Congress), the date of the termination of World War II for the purposes of this section is July 25, 1947.]

CODIFICATION: The statutory provision from section 210 (e) of the act was amended to read as set forth above, by Regulations, Commissioner for Social Security, Sept. 24, 1947, approved by the Federal Security Administrator, Sept. 29, 1947, 12 F.R. 6551.

§ 403.1002 Requirements under section 210(a) — (a) When requirements

are met. An individual meets the requirements of section 210 (a) provided:

(1) He served in the active military or naval service of the United States (see § 403.1004 (a)) on or after September 16, 1940, and prior to the date of termination of World War II; and

(2) He was discharged or released from active service under conditions other than dishonorable (see § 403.1004 (c)); and

(3) He had at least 90 days active service, or, if his total service was less than 90 days, he was discharged or released by reason of disability or injury incurred or aggravated in service in line of duty (see $403.1004 (b)); and

(4) He died within 3 years after his separation from active service.

(b) When requirements are not met. An individual does not meet the requirements of section 210 (a) where:

(1) He died while in the active military or naval service; or

(2) He was separated from active service more than 4 years and 1 day after the date of termination of World War II (see § 403.1004 (d)).

Example 1: V, a reserve officer, is released to inactive duty in September 1945 after 38 months of active satisfactory service in the Marine Corps. He dies in December 1947. V meets the requirements of this section.

If V had been recalled to active duty and died in service, he would not meet the requirements of this section.

Example 2: V enlists in the Army in 1945. V is honorably discharged in January 1952 and dies in 1953.

If World War II should be officially terminated on June 30, 1947, V would not meet the requirements of this section since he was separated from active service more than 4 years and 1 day after the end of the war.

[Preceding Example 2 superseded by following Example 2 during period covered by this Supplement]

Example 2: V enlists in the Army in July 1945, is honorably discharged on July 27, 1951, and dies in 1953.

World War II was officially terminated on July 25, 1947, for the purpose of paying benefits pursuant to section 210. V does not meet the requirements of this section since he was separated from active service more than 4 years and 1 day after the end of the war.

If V had been discharged on or before July 26, 1951, he would meet the requirements of this section.

CODIFICATION: Example 2 was amended to read as set forth above, by Regulations, Commissioner for Social Security, Sept. 24, 1947,