---
kind: "section"
citation: "20 C.F.R. § 404.350"
title: "20"
number: "404.350"
heading: "Who is entitled to child's benefits?"
url: "https://uscodex.org/cfr/20/404.350"
---

# §404.350. Who is entitled to child's benefits?

- (a) **General.** You are entitled to child's benefits on the earnings record of an insured person who is entitled to old-age or disability benefits or who has died if—
  - (1) You are the insured person's child, based upon a relationship described in [§§ 404.355 through 404.359](/cfr/20/404.355..404.359.md);
  - (2) You are dependent on the insured, as defined in [§§ 404.360 through 404.365](/cfr/20/404.360..404.365.md);
  - (3) You apply;
  - (4) You are unmarried; and
  - (5) You are under age 18; you are 18 years old or older and have a disability that began before you became 22 years old; or you are 18 years or older and qualify for benefits as a full-time student as described in [§ 404.367](/cfr/20/404.367.md).
- (b) [Reserved]

## Notes

### Amendments

[44 FR 34481, June 15, 1979, as amended at 48 FR 21927, May 16, 1983; 60 FR 8146, Feb. 10, 1995; 61 FR 38363, July 24, 1996; 91 FR 16829, Apr. 3, 2026]

### Authority

Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 403(a) and (b), 405(a), 416, 423, 425, and 902(a)(5)).

### Source

Source: 44 FR 34481, June 15, 1979, unless otherwise noted.

### Amendments

[44 FR 34481, June 15, 1979, as amended at 48 FR 21927, May 16, 1983; 60 FR 8146, Feb. 10, 1995; 61 FR 38363, July 24, 1996; 91 FR 16829, Apr. 3, 2026]