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Do spouse’s and children’s benefits continue during incarceration?


If an individual is disabled and receives Title 2 Social Security Disability Insurance benefits (SSDI aka DIB), their spouse (husband or wife) and minor children can also receive benefits because of the spouse’s / parent’s disability. These are called auxiliary benefits.

I previously coved how Social Security benefits stop if a disabled person is goes to jail / prison.  

So, what happens to the children’s or spouse’s benefits if the disabled individual is incarcerated: goes to jail or prison?  

Do the wife or husband’s auxiliary benefits stop?

Do the children’s auxiliary benefits stop?

The best answer I have been able to find to this question is in the Social Security Online Handbook. Part 501. Entitlement to Disabled Worker’s Benefits says,

“Auxiliary benefits” are additional monthly benefits (see Chapter 3). These benefits may be payable to other family members on your earnings record if you are entitled to disabled worker’s benefits. They are payable to your family members even when you are not receiving benefits because of imprisonment.

So, it looks like, yes, auxiliary benefits to spouses or children are payable even thought the disabled individual is incarcerated and cannot receive Social Security benefits him/herself.

However, keep in mind that the Social Security Handbook is a guide explaining to how Social Security is supposed to work.  The Social Security Handbook has no binding legal authority. So take this answer with a bit of caution.

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  • JointManConcerv
    Type your comment here.Social Security hand book has no binding legel authority? true and false. Im no expert but i believe six months of incareration removes presumption of disability,so yes a child or spouse payments can stop.If this happens though the payee should visit S.S.office,or hire an attorney,in an attempt to resolve problem.Like allways just because payments have stopped,doesnt mean its over.You could even recover lost months payments.....I would like also to add if child or spouse go to jail for even a few days the disabled worker can ask the S.S. office to stop their benifits.And they will stop!
  • Well, benefits stop for the incarcerated person during the incarceration. Social Security will not pay a person disability benefits while incarcerated. http://www.socialsecurityinsider.com/tag/jailpr...

    I found it interesting that auxiliary benefits apparently can continue though.

    I know that SSA will make person re-apply for benefits if they have been incarcerated for more than a certain period of time, However, I do not know how long the incarceration has to last before you have to reapply.
  • JointManConcerv
    This brings to mind something akin to filing for unemployment because your incarcerated and cant find work.That doesn't happen anymore....The answer is simple prison is state aid like unemployment is.IF your receiving state aid you lose your S.S. Benifits With no right to benefits yourself,so-long auxiliary benefits.True the children or spouse should not be punished,but that's what family courts are for,...IE child support ,spousal support.The tax payers should not be punished by giving this hypothetical family more than there fair share of the proverbial pie. At least that's my opinion.Sure the worker was /is disabled but now the expense of prison?were talking about a family unit,shouldn't the family be responsible.Not the Taxpayers of China! which eventually the U.S.A taxpayers will have to pay plus interest! This spouse or this childs payee must be forced to take action in family court to re cope their loss.This would be a case of not only actual costs but punitive damages should be factored in as well.
  • breauna
    My husband was sentenced to 2-4 years in prison. His benefits of course have stopped and the children are still recieving theirs. I was wondering if I could possibly be eligible to recieve part of his benefits since he cannot get them and our family still has to live somehow. I mean I work but don't make anywhere near enough to care for our family alone.
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