SSR 67-51: SECTION 202(d)(8)(C). -- CHILD'S INSURANCE BENEFITS -- "FULL-TIME STUDENT" -- FOREIGN SCHOOL AS "EDUCATIONAL INSTITUTION"

SSR 67-51

Where the 19-year child of an insured worker attended on a full-time basis a secondary school in the city of Athens, Greece, the credits of which are accepted for transfer or entrance purposes by not less than three schools in the United States accredited by a nationally-recognized accrediting agency, held, such child was in full-time attendance at an "educational institution" within the meaning of section 202(d)(8)(C) of the Social Security Act, and therefore she was a "full-time student" as defined by section 202(d)(8)(A) of the Act and may upon filing application become entitled to child's insurance benefits.

C, born July 28, 1947, became entitled to child's insurance benefits pursuant to an application filed in August 1954. Her entitlement to such benefits was terminated with June 1965, the month before the month in which she attained age 18, as required by section 202(d)(1) of the Act in effect at that time. In December 1965, an application was filed for reentitlement to child's insurance benefits as a "full-time student." C established that from July 1965 through November 1965 she had been in full-time attendance at a secondary school, the X High School, in Athens, Greece.

Section 202(d)(7) of the Social Security Act, as added to the Act in July 1965, provides in pertinent part that a child who was previously entitled to child's insurance benefits shall be reentitled to such benefits if (among other requirements not here at issue) he is a "full-time student" and has not attained the age of 22.

The term "full-time student," as pertinent here and as defined in section 202(d)(8)(A) of the Act, means:

* * * an individual who is in full-time attendance as a student at an educational institution, as determined by the Secretary * * * in the light of the standards and practices of the institutions involved * * *.

Section 202(d)(8) of the Act further provides, as pertinent to this case, that:

(C) An "educational institution" is * * *

(ii) a school or college or university which has been approved by a State or accredited by a State- recognized or nationally-recognized accrediting agency or body, or

(iii) a non-accredited school or college or university whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited.

Since C was in full-time attendance as a student in a foreign high school, i.e., in Greece, had not attained age 22, and met all other requirements for reentitlement to child's insurance benefits, the question presented is whether she is a "full-time student" as defined by section 202(d)(8)(A) of the Act. This depends on whether the Greek school she attended is an "educational institution" within the meaning of section 202(d)(8)(C) of the Act.

In this case, it was established that scholastic credits earned by students of the X High School, Athens, Greece, are accepted for transfer or entrance into at least three accredited secondary schools in the United States. These public high schools, located in the District of Columbia, will accept credits from the X High School on the same basis as if transferred from another domestic institution so accredited. It was also established that all public high schools in the District of Columbia, including those above, are accredited by the Middle States Association of Colleges and Secondary Schools, a nationally-recognized accrediting agency or body. Since the X High School is, therefore, an "educational institution" as defined in section 202(d)(8) of the Act, and C was in full-time attendance in such educational institution from July 1965 through November 1965, it follows that she met the definition of "full- time student" during that time.

Accordingly, it is held that C is entitled to child's insurance benefits as a full-time student for the months July through November 1965.