I was recently asked if Social Security child’s benefits continue for a full time student who is 18 or over. At first blush, the regulations seem to suggest it might be possible.
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. Under this section, it appears an individual has to be either:
- Under 18; or
- A Disabled Adult Child (DAC); or
- 18 or older and a full time student under §404.367.
There is a “however.”
However, §404.367 only deals with primary and secondary school students. In fact part “e” specifically requires that “You are in grade 12 or below.”
As such, it appears that the child’s benefits are only paid to full time students over 18 while they are still in high school.
As always, I encourage contacting Social Security for answers on how the regulations apply to any individual’s specific circumstances.
