---
kind: "section"
citation: "20 C.F.R. § 222.10"
title: "20"
number: "222.10"
heading: "When determinations of relationship as wife, husband, widow or widower of employee are made."
url: "https://uscodex.org/cfr/20/222.10"
---

# §222.10. When determinations of relationship as wife, husband, widow or widower of employee are made.

- (a) The claimant's relationship as the wife or husband of an employee is determined when the claimant applies for an annuity, or when there is a claim which would include a husband or wife in the computation of the social security overall minimum provision, or when a claim is filed for a lump-sum payment. If a deemed marriage (see [§ 222.14](/cfr/20/222.14.md)) is to be determined, the husband, wife, or widow(er) must also be found to be or to have been living in the same household as the employee (see [§ 222.16](/cfr/20/222.16.md)).
- (b) The claimant's relationship as the widow(er) of an employee is determined as of the date on which the employee died. If the claimant applied for a lump-sum payment as the widow(er) of the employee, one of the following determinations is made:
  - (1) Whether the widow(er) was living in the same household as the employee, as defined in [§ 222.16](/cfr/20/222.16.md) of this part, at the time of the employee's death, if the claimant is applying for the 1974 Act lump-sum death payment.
  - (2) Whether the widow(er) was living with the employee, as defined in [§ 222.15](/cfr/20/222.15.md) of this part, at the time of the employee's death, if the claimant is applying for the 1937 Act lump-sum death payment, annuities due but unpaid at death, the residual lump-sum payment, or a lump-sum refund payment.
- (c) In order for a claimant who has applied for a monthly survivor annuity to establish a deemed marriage, the claimant must have been living in the same household as the employee at the time of the employee's death (see [§ 222.16](/cfr/20/222.16.md)).
- (d) If the husband, wife, widow(er), remarried widow(er), or surviving divorced spouse of the employee is a claimant for a monthly annuity on a basis other than age or disability, a child-in-care determination is required (see §§ [222.17](/cfr/20/222.17.md) and [222.18](/cfr/20/222.18.md)).

## Notes

### Authority

Authority: 45 U.S.C. 231f.

### Source

Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.