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Receiving Social Security Benefits

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In recent years, there has been some question as to the eligibility of children involved in home education to receive child’s benefits under the Social Security Code. Families choosing to homeschool their children should have no fears concerning their ability to receive benefits under the current law. These families are completely protected under §404.367 of the Social Security Code. This section states, “You may be eligible for child’s benefits if you are a full-time elementary or secondary school student.” The code then institutes qualifications as to who can be considered a full-time elementary or secondary student, stating that one has to “attend a school which provides elementary or secondary education as determined under the law of the state or other jurisdiction in which it is located.” Home school children are said to be in compliance with this regulation if they (a)(1) “… are instructed in elementary or secondary education at home in accordance with the home school law of the State or other jurisdiction in which [they] reside.” Furthermore, home school students must carry (b) “… a subject load which is considered full-time for day students under standards and practices set by the State or other jurisdiction in which [they] reside.” (The full text of §404.367 is available on-line at http://www.ssa.gov/OP_Home/cfr20/404/404-0367.htm .) According to Social Security Administration Policy RS 00205.275 , student benefits are payable if: the student is a full time student; the state in which the home school is located recognizes home schools as an educational institution; the home school is in compliance with state requirements for home schools; and the student meets all other requirements for benefits. This policy goes on to say, “The child’s home school instructor must submit evidence that state requirements for home schooling are met. The home schooling instructor is the certifying school official for FTA purposes on Form SSA-1372, Student’s Statement Regarding School Attendance.” http://www.ssa.gov/online/ssa-1372.pdf.  This form must be filled out and taken to the school official to be signed.   The parent should take extra care to read the document carefully, and enter the correct information and make copies for his or her files.

Be sure to keep a record of the 20 hours each week that is required to be a full time student.    If the student does not continue “full time” , the Social Security office must be notified immediately. It is extremely important to keep track of the number of days (180) to confirm compliance with the PA Home school law (or whatever # of days are required in another state, if any) and the number of HOURS to confirm compliance with Social Security.

MDHSA does not discriminate against families on the basis of race, color, national or ethnic origin.

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