20 C.F.R. § 404.353

Child's benefit amounts

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General. Your child's monthly benefit is equal to one-half of the insured person's primary insurance amount if he or she is alive and three-fourths of the primary insurance amount if he or she has died. The amount of your monthly benefit may change as explained in § 404.304.

(b) Entitlement to more than one benefit. If you are entitled to a child's benefit on more than one person's earnings record, you will ordinarily receive only the benefit payable on the record with the highest primary insurance amount. If your benefit before any reduction would be larger on an earnings record with a lower primary insurance amount and no other person entitled to benefits on any earnings record would receive a smaller benefit as a result of your receiving benefits on the record with the lower primary insurance amount, you will receive benefits on that record. See § 404.407(d) for a further explanation. If you are entitled to a child's benefit and to other dependent's or survivor's benefits, you can receive only the highest of the benefits.

[44 FR 34481, June 15, 1979; 44 FR 56691, Oct. 2, 1979, as amended at 48 FR 21928, May 16, 1983; 51 FR 12606, Apr. 14, 1986; 61 FR 38363, July 24, 1996]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1971–2023 · leading case: Horner v. Richardson, 331 F. Supp. 417 (E.D. Pa. 1971).

Sort: Relevance Newest Treatment

Horner v. Richardson, 331 F. Supp. 417 (E.D. Pa. 1971). “353 of the Regulations, 20 C.F.R. § 404.353 , provide that a woman who is simultaneously eligible to receive both old-age insurance benefits on her own earnings record and widow’s insurance benefits on her deceased husband’s earnings record shall receive no more than the greater…”

Lynch v. Rank, 639 F. Supp. 66 (N.D. Cal. 1985). “§ 402 (d); 20 C.F.R. § 404.353 . When a disabled or aged wage earner receives Title II cost-of-living increases, the total amount of his benefits are increased.”

Logan v. Prudential Ins. Co. of Am. (E.D. Cal. 2023). · cites it 2× “20 C.F.R. § 404.353 ; see 20 C.F.R. § 404.”

Elizabeth S.F. Martella v. David R. Martella (Tenn. Ct. App. 2006). · cites it 3× “We have determined that the trial court properly declined to reduce the 3 In fact, 20 C.F.R. § 404.353 (b) (2005) states, in part, that “[i]f you are entitled to a child’s benefit on more than one person’s earnings record, you will ordinarily receive only the benefit payable on…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.