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Is My Sister Eligible To Receive Child In Care Benefits?

I am asking for my sister. She is 66 years old, married, her husband is 67, retired and starting taking SS benefits at 62. They have a 32 year old daughter who is disabled with diabetes living at home with them. The daughter is receiving SS disability benefits. My sister works full time at a daycare. Is my sister eligible to receive child-in-care spousal benefits? If so, would receiving them reduce her retirement benefits? Would her work income reduce the child-in-care benefits?
Thank you.

Hi. I can't give you a definite answer without more details about your sister's circumstances. Your sister could only qualify for child in care spousal benefits if her daughter is eligible for disabled adult child's (DAC) benefits, and if her daughter is either mentally handicapped or if her impairment requires your sister to perform personal services for her (i.e. help with bathing, dressing, etc.) (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0312.html).

Furthermore, if your sister is already drawing her own benefits then she could only qualify for additional spousal benefits if her primary insurance amount (PIA) is less than half as much as her husband's PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

However, if your sister isn't yet drawing her own benefits and if she meets the requirements for child in care spousal benefits, then she could potentially file a restricted application for those benefits while allowing her own benefit rate to grow until age 70. Your sister's earnings wouldn't prevent her from collecting benefits if she's already reached full retirement age (FRA).

Best, Jerry

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Posted: 
Apr 28 2021 - 12:47pm
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