Where a parent was receiving from her son during the year preceding his death, lodgings, food, clothing, medical, and other personal needs the total of which constituted at least one-half of her support; held, such parent may be entitled to parent's insurance benefits on the basis of the son's earnings record, provided all other requirements for entitlement are met.

In October 1958, M filed an application for parent's insurance benefits based on the earnings record of her son, A, who had died on September 15, 1958. M met all other requirements of section 202(h) of the Social Security Act for entitlement to parent's insurance benefits but must establish that she had been receiving at least one-half of her support from A at the time of his death.

Regulations No. 4, § 404.332 states:

(b) What constitutes support. -- "Support" includes food, shelter, clothing, ordinary medical expenses, and other ordinary and customary items of maintenance of the person supported.
(c) What constitutes at least one-half or more than one-half support. -- A person is receiving at least one-half of his support from another if that other is making regular contributions, in cash or kind, to such support to the extent of one-half or more thereof. A person is receiving more than one-half of his support from another if that other is making such contributions to such support to the extent of more than one-half thereof. "Contributions," as used here, means contributions actually provided by the contributor from his own property or the use thereof, or by the use of his own credit . . .

In determining whether the one-half support requirement is met, the support situation during a reasonable period immediately preceding the insured individual's death is considered. Generally, a year prior to death is considered to be a reasonable period if the support situation did not change within that period.

During the year before A died, M had lived with him and his wife in A's home which had a rental value of $720 per year; the cost of utilities was $175; the cost of food was $1,300; making a total of $2,195 for the three members of the household. In addition, M had expenses of $18 for medicine, $25 for clothing, $17.40 for burial insurance, and $60 for life insurance, for a total of $120.40.

The cost of M's support is her proportionate share of the rental value of the home, utilities, and food (1/3 of $2,195 or $731.66) in addition to her own personal expenses ($120.40). Thus the cost of M's support for the year prior to A's death was $825.06. During that year, M received old-age assistance payments in the amount of $383, which represents her contribution to the cost of her own support. The balance of her support ($469.06) was provided by A.

Since A provided more than one-half the cost of M's support and all other requirements are met, M is entitled to the parent's insurance benefits for which she applied.

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