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When are parent's insurance benefits NOT payable?

426. When are parent's insurance benefits NOT payable?

You parent's insurance benefits may not be payable for some months if:

  1. You are under full retirement age (FRA), working, and earning more than the exempt amount (see §1803);

  2. You work outside the U.S. for more than 45 hours in a month (see §1823);

  3. You are an alien who is outside the U.S. for more than six calendar months in a row. For information on payments while you are outside the U.S. see www.socialsecurity.gov/pubs/10137.html;

  4. The worker had been deported, and you are an alien who is outside the U.S. For information on payments while you are outside the U.S. see www.socialsecurity.gov/pubs/10137.html;

  5. You are confined within the U.S. to a correctional institution for more than 30 continuous days as a result of a conviction of a criminal offense or a court of competent jurisdiction issues a verdict, finding or a ruling that declares you are:

    • guilty, but insane with respect to a criminal offense;

    • not guilty of such a criminal offense by reason of insanity;

    • incompetent to stand trial under an allegation of a criminal offense;

    • determined to have a similar verdict or finding with respect to a criminal offense based on similar factors (such as mental disease, mental defect or mental incompetence) and

    you are confined to an institution at public expense for more than 30 continuous days;

    or

    Immediately upon completion of confinement in a correctional institution, (confinement in the correctional institution was based on a crime an element of which was sexual activity), you are confined by court order to an institution for more than 30 continuous days at public expense because you were determined to be a sexually dangerous person or a sexual predator or similar finding.

  6. You have an outstanding warrant for a crime or attempted crime that carries a penalty of death or imprisonment for more than one year, or an outstanding warrant for a Federal or State probation or parole violation.

  7. You do not have a Social Security Number and you refuse to apply for one.

  8. You are in the U.S. for a full calendar month, and you are not a U.S. citizen, U.S. national, or alien lawfully present in the U.S.

The conditions regarding nonpayment of benefits are explained in more detail in Chapter 18.

Last Revised: Feb. 4, 2008

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