I have a disabled adult child from birth. I am 62, my wife is 56. It appears to me that she would be eligible for Child in Care benefits but Social Security is saying this benefit is only avail up to the time my son reaches the age of 16. Has the law or requirement changed? Two different people have told us the same thing. Thank you for your time and attention.
Bob

Hi Bob,

No, the rules haven't changed. Your wife can potentially qualify for child in care spousal benefits if your son is 16 or older and disabled, but it's not automatic. If your son is disabled due to a mental impairment and receives benefits on your record and lives with your wife then she'd almost certainly qualify as having a child in care. If his disability is physical only, though, then your wife would also need to be providing personal services such as assistance with bathing or dressing.

For more information regarding child in care regulations, refer to the following sections of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0301310035 & https://secure.ssa.gov/apps10/poms.nsf/lnx/0301310040.

Also, you may want to strongly consider using our maximization software to explore your filing options in order to determine the best overall strategy for you and your family.

Best, Jerry