Page:United States Statutes at Large Volume 53 Part 2.djvu/889

 1365 53 STAT.] 76TH CONG., 1ST SESS.-CH. 666 -AUG. 10, 1939 "(4) A child shall be deemed dependent upon a mother, adopting Child deemed de- mother, or stepparent, or to have been dependent upon such indi- etc.; conditions. vidual at the time of the death of such individual, only if, at the time of such death, or, if such individual was living, at the time such child's application for child's insurance benefits was filed, no parent other than such individual was contributing to the support of such child and such child was not living with its father or adopting father. "Widow's Insurance Benefits "(d) (1) Every widow (as defined in section 209 (j)) of an Beneficiies. individual who died a fully insured individual after December 31, t,1377. 1939, if such widow (A) has not remarried, (B) has attained the age of sixty-five, (C) has filed application for widow's insurance benefits, (D) was living with such individual at the time of his death, and (E) is not entitled to receive primary insurance benefits, or is entitled to receive primary insurance benefits each of which is less than three-fourths of a primary insurance benefit of her husband, shall be entitled to receive a widow's insurance benefit for each month, beginning with the month in which she becomes so entitled to such Benefit period. insurance benefits and ending with the month immediately preceding the first month in which any of the following occurs: she remarries, dies, or becomes entitled to receive a primary insurance benefit equal to or exceeding three-fourths of a primary insurance benefit of her husband. "(2) Such widow's insurance benefit for each month shall be equal Rate. to three-fourths of a primary insurance benefit of her deceased hus- band, except that, if she is entitled to receive a primary insurance benefit for any month, such widow's insurance benefit for such month shall be reduced by an amount equal to a primary insurance benefit of such widow. "Widow's Current Insurance Benefits "(e) (1) Every widow (as defined in section 209 (j)) of an individ- BeneiciarTie ual who died a fully or currently insured individual after December e, 1377. 31, 1939, if such widow (A) has not remarried, (B) is not entitled to receive a widow's insurance benefit, and is not entitled to receive pri- mary insurance benefits, or is entitled to receive primary insurance benefits each of which is less than three-fourths of a primary insur- ance benefit of her husband, (C) was living with such individual at the time of his death, (D) has filed application for widow's cur- rent insurance benefits, and (E) at the time of filing such application has in her care a child of such deceased individual entitled to receive a child's insurance benefit, shall be entitled to receive a widow's cur- rent insurance benefit for each month, beginning with the month in Beneft period. which she becomes so entitled to such current insurance benefits and ending with the month immediately preceding the first month in which any of the following occurs: no child of such deceased indi- vidual is entitled to receive a child's insurance benefit, she becomes entitled to receive a primary insurance benefit equal to or exceeding three-fourths of a primary insurance benefit of her deceased husband, she becomes entitled to receive a widow's insurance benefit, she remarries, she dies. "(2) Such widow's current insurance benefit for each month shall Rte be equal to three-fourths of a primary insurance benefit of her deceased husband, except that, if she is entitled to receive a primary insurance benefit for any month, such widow's current insurance benefit for such month shall be reduced by an amount equal to a primary insurance benefit of such widow.

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