12Jan

Can a 18 year old full time student still get Social Security child’s benefits?

By Tomasz Stasiuk, January 12th, 2010 | Children's SSI, Definitions, Disabled Adult Child DAC | 83 Comments

I was recently asked if Social Security child’s benefits continue for a full-time student who is 18 or over.

Here is the answer in a directly from Social Security:

No. At one time, SSA did pay benefits to eligible college students, but the law changed in 1981. Benefits stop when a child reaches age 18 unless he or she:

Is disabled; or

Attends a secondary (grade 12 or below) or elementary school full-time.

In general, benefits end when:

The student graduates [high school]; or

The student turns age 19 and two months, whichever is first.

Normally, benefits stop when a child reaches age 18 unless he or she is disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits generally can continue until he or she graduates or until two months after he or she reaches age 19, whichever is first.

Here are the applicable regulations:

20 CFR 404.350 “Who is entitled to child’s benefits” states

(a) General. You are entitled to child’s benefits on the earnings record of an insured person who is entitled to old-age or disability benefits or who has died if

(1) You are the insured person’s child, based upon a relationship described in §§404.355 through 404.359;
(2) You are dependent on the insured, as defined in §§404.360 through 404.365;
(3) You apply;
(4) You are unmarried; and
(5) You are under age 18; you are 18 years old or older and have a disability that began before you became 22 years old; or you are 18 years or older and qualify for benefits as a full-time student as described in §404.367.

Subsection 5 concerns continuing benefits for those 18 or over, who are still full-time students. This section requires an individual to be either:

Under 18; or
A Disabled Adult Child (DAC); or
18 or older and a full-time student under §404.367.

However, §404.367 only deals with primary and secondary school students. Part “e” specifically requires that “You are in grade 12 or below.

Keep in mind we are talking about auxiliary benefits for children due to the death or disability of a parent. How going to school affects a disabled child’s entitlement to disability benefits is discussed here.

Updated 04/07/11.

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.

Carol

Can a mentally retarted child receive SSI benifits and SSD Benifits at the same time? I am a single mom of a 14 year old Down Syndrome daughter in the severe range of the syndrome and I have a son that is 16 and diginosed at 1 born at 7 months with multipul disabilities. ADHD ,Pervasive developemental Disorder, mental retardation and anxity. With these 2 children my ex and I agreed that i would stay at home and take care of them. After 18 years of mariage of him having affairs and a child with an other lady and his mental and emotional abuse , i was at the end . I felt that I couldn’t take care of my precious children anymmore ,so I had to leave and get a divroce. Little did I know that living on your own was so financially hard. With that I’m back to my first question , can my children receive both SSD and SSI at the same time? Thanks so very much. Mommy
http://www.Planet10Tech.com TomaszStasiuk

This post discusses the children’s disability benefits under Social Security: http://www.socialsecurityinsider.com/2011/03/social-security-disability-benefits-for-children/

Generally, children under 18 are potentially eligible for SSI benefits. However, household income comes into play: http://www.socialsecurityinsider.com/2009/08/how-parents-income-effects-childrens-supplemental-security-income-ssi-disability-benefitsth/

After age 18, a disabled child may also be eligible for Disabled Adult Child benefits on the parents contribution to Social Security: http://www.socialsecurityinsider.com/2008/09/nidich-on-disabled-adult-child-benefits-dac/
guest

my child who receives childrens benifits is pregnant and still in secondary school. will this affect her social security benefits
http://www.Planet10Tech.com TomaszStasiuk

There are a lot of factors to consider, I can only suggest contacting Social Security ( 1-800-772-1213 ) for a definitive answer.
Ruthie carmona

my sister is going to be 18 in october 2011. she didnt graduate but shes taking home studies for 1 month. what kind of college does she need to go in order for her to receive her social security benefits??
http://www.Planet10Tech.com TomaszStasiuk

As quoted above:

“In general, benefits end when: a) The student graduates [high school]; or b) The student turns age 19 and two months, whichever is first.”
Jtrujillo5

My daughter is 18 and has completed school but did not pass the aims test can she still get SS Survivor”s Benefits while still trying to pas her aims test?
http://www.Planet10Tech.com TomaszStasiuk

The regulation does not mention state specific tests. The regulation discusses benefits ending at high school graduation, or age 19 and 2 months, whichever comes first. I encourage you to contact Social Security to see how your daughter’s benefits will be handled.
kat

if im geting ssi can i still go and try go to college?
concerned mom

My 18 yr old just found out that she is pregnant. She is a senior in High School. will her survivors benefits be affected as long as she stays in school ? Is she still eligible for her benefits while she is pregnant?
Destinym 77

I am 18 years old and my father is ill so he is unable to work. The ssi was a huge help to us, i was wondering if i can keep getting it since were needed?
Serialmom2182

Hey can a child that droped out off high school and still is 16 still get the check that comes out of the parents check. The child is not in school. Both of the parents get checks and the parents are not married. Please let me know that you.
http://www.Planet10Tech.com TomaszStasiuk

My understanding is that Social Security does not require the child to be in school except when extending the typical cut off from 18 to 19. However, we are talking about auxiliary benefits which requires the parents receive SSDI, not SSI. If the parents are receiving SSI benefits, there are no auxiliary benefits for the children.

Contact your SSA office for information about the specific circumstances of your case.
maureen

my sister in law died of cancer at 42, and left 2 children 12 and 9..the father sent
the 12 year old son to a ranch in florida when he was 15 and never looked back…ssi paid for his stay…he did not see him for at least 3 years…he is now 19 and over the age
to stay at the ranch…he graduated high school but has no skills…his father will not
let him come home…what can i do?
http://www.Planet10Tech.com TomaszStasiuk

Hi Maureen. You and your nephews have been through a lot. However, I cannot answer your question.
Brad

hey i’m 17 but i’m about to graduate early so i won’t be 18 yet but i’ll be out of school a semester early will i still get my benefits until i turn 18 or will i have to stay in school to keep them. thanks for your help
Frank

the 19 year old will come back someday and nobody will stop him. if you was good to him he will remember and when he gets ready he’ll come back. but bye law if your not a grandparent I don’t think you can do anything about it right now.some states has”grandparents rights law”. hope you the best
Allygirl010

Yes
Alex

Hi I am 18 im still in high school I would really like to get married now before I graduate will that efect my parents benefits
http://www.Planet10Tech.com TomaszStasiuk

I am not sure what you mean by “parent’s benefits.” Children’s auxiliary Social Security benefits (paid because a parent is disabled or deceased) stop at the first of either: marriage, graduating high school or, turning 19 & two months (if still in high school). Check out the article above for details. For specific information about your benefits, contact Social Security.
Jevonmarcfarlane

hey, My daugher’s father has 5 kids and passed. will the number of kids affect the amount of social security she would be getting?
Beautifulface4u

I have two kids on SSI one is 18 one is 12…he quit school would his portion come back to my 12 year old until she’s 18?
http://www.stasiukfirm.com/ TomaszStasiuk

Once a child is no longer receiving auxiliary benefits (not SSI), the amount of benefits available to other children *still* receiving auxiliary benefits may increase: http://www.socialsecurityinsider.com/2011/05/my-child-is-graduating-high-school-will-my-other-childrens-social-security-benefits-change/

For specific information about your children’s benefits, I encourage you to contact Social Security.
http://www.stasiukfirm.com/ TomaszStasiuk

In Social Security survivor’s benefits cases, the amount of survivors may affect the amount each is paid if the “family maximum” is reached. You can think of dividing a pie into more and more slices. Everyone gets a smaller slice. Take a look at http://www.socialsecurityinsider.com/2011/05/how-much-does-social-security-pay-in-auxiliary-benefits/

For specific information about how much your daughter and her children may receive, I encourage you to contact Social Security.
matthewlell

What happens if a dependent becomes pregnant????
http://www.stasiukfirm.com/ TomaszStasiuk

As far as I know, pregnancy would not disqualify an other-wise qualified (unmarried, under 18, or under 19 but still in high school) individual from receiving auxiliary benefits.

For specific information about this topic, I encourage you to contact Social Security.
Charla1995

Hi i am 16 years old, and my mom been getting my check for about 6 years, and she really didnt do anything for me…but any ways since im 16 but im graduating high school in a couple months..n i want to go to college can i get my check in my name when i graduate of when i start college…???
All i wanna know is can i get my check when i finish high school at 16 yrs old in my name???
http://www.stasiukfirm.com/ TomaszStasiuk

I don’t know if Social Security would require you to be an emancipated minor or not. Give them a call 1-800-772-1213.
JRBeck

My nephew’s mother passed away when he was 6 months old, he get’s $600 a month in SSI from this. His father receives the monthly check and spends every dime of it, putting nothing away for my nephew and paying very little toward his care. Is there any way you can ask for this money to be put in a trust for the kid until he turns 18? If not his father will squander well over $100,000 and the kid will have nothing when he turns 18.
Socialsecurityadvice

If you believe the father is misusing the child’s Social Security survivor benefit, you can visit your local Social Security office and request a change of payee to either yourself or another relative that cares for the child. $600 is not a lot of money. If the father provides shelter, food and clothing, that could be well over the $600 benefit. He is legally allowed to spend the child’s money on the child’s pro rata share (based on the number of people in the household) of house payment or rent, taxes, insurance, utilities, car payment (if used to transport child), car insurance, etc. The father is not required to save any money if those expenses exceed the amount of the benefit.
Mymonkey

Nothing. Benefits are not increased nor decreased. At least that is my experience from when I had a baby at age 17, while on survivor’s benefits.
Jodiscruzin

Does the medicaid benefit continue for a child who is over 18 still full time in high school, or is it just the monetary allotment?
Jodiscruzin

My daughter is currently receiving benefits from her fathers disability. She graduates high school @ 19 in June 2013. How long will her benefits continue.?