---
kind: "section"
citation: "20 C.F.R. § 404.391"
title: "20"
number: "404.391"
heading: "Who is entitled to the lump-sum death payment as a widow or widower who was living in the same household?"
url: "https://uscodex.org/cfr/20/404.391"
---

# §404.391. Who is entitled to the lump-sum death payment as a widow or widower who was living in the same household?


You are entitled to the lump-sum death payment as a widow or widower who was living in the same household if—

- (a) You are the widow or widower of the deceased insured individual based upon a relationship described in [§ 404.345](/cfr/20/404.345.md) or [§ 404.346](/cfr/20/404.346.md);
- (b) **You apply for this payment within two years after the date of the insured's death.** You need not apply again if, in the month prior to the death of the insured, you were entitled to wife's or husband's benefits on his or her earnings record; and
- (c) **You were living in the same household with the insured at the time of his or her death.** The term living in the same household is defined in [§ 404.347](/cfr/20/404.347.md).

## Notes

### Amendments

[44 FR 34481, June 15, 1979, as amended at 48 FR 21929, May 16, 1983]

### 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 21929, May 16, 1983]