---
kind: "section"
citation: "20 C.F.R. § 416.1861"
title: "20"
number: "416.1861"
heading: "Deciding whether you are a child: Are you a student?"
url: "https://uscodex.org/cfr/20/416.1861"
---

# §416.1861. Deciding whether you are a child: Are you a student?

- (a) **Are you a student?** You are a student regularly attending school or college or training that is designed to prepare you for a paying job if you are enrolled for one or more courses of study and you attend class—
  - (1) In a college or university for at least 8 hours a week under a semester or quarter system;
  - (2) In grades 7-12 for at least 12 hours a week;
  - (3) In a course of training to prepare you for a paying job, and you are attending that training for at least 15 hours a week if the training involves shop practice or 12 hours a week if it does not involve shop practice (this kind of training includes anti-poverty programs, such as the Job Corps, and government-supported courses in self-improvement); or
  - (4) Less than the amount of time given in [paragraph (a)](#a) (1), (2), or (3) of this section for reasons you cannot control, such as illness, if the circumstances justify your reduced credit load or attendance.
- (b) **If you are instructed at home.** You may be a student regularly attending school if you are instructed at home in grades 7-12 in accordance with a home school law of the State or other jurisdiction in which you reside and for at least 12 hours a week.
- (c) **If you have to stay home.** You may be a student regularly attending school, college, or training to prepare you for a paying job if—
  - (1) You have to stay home because of your disability;
  - (2) You are studying at home a course or courses given by a school (grades 7-12), college, university, or government agency; and
  - (3) **A home visitor or tutor directs your study or training.**
- (d) **When you are not in school—**
  - (1) **When school is out.** We will consider you to be a student regularly attending school, college, or training to prepare you for a paying job even when classes are out if you actually attend regularly just before the time classes are out and you—
    - (i) Tell us that you intend to resume attending regularly when school opens again; or
    - (ii) **Actually do resume attending regularly when school opens again.**
  - (2) **Other times.** Your counselor or teacher may believe you need to stay out of class for a short time during the course or between courses to enable you to continue your study or training. That will not stop us from considering you to be a student regularly attending school, college, or training to prepare you for a paying job if you are in—
    - (i) A course designed to prepare disabled people for work; or
    - (ii) A course to prepare you for a job that is specially set up for people who cannot work at ordinary jobs.
- (e) **Last month of school.** We will consider you to be a student regularly attending school, college, or training to prepare you for a paying job for the month in which you complete or stop your course of study or training.
- (f) **When we need evidence that you are a student.** We need evidence that you are a student if you are 18 years old or older but under age 22, because we will not consider you to be a child unless we consider you to be a student.
- (g) **What evidence we need.** If we need evidence that you are a student, you must—
  - (1) Show us any paper you have that shows you are a student in a school, college, or training program, such as a student identification card or tuition receipt; and
  - (2) **Tell us—**
    - (i) What courses you are taking;
    - (ii) How many hours a week you spend in classes;
    - (iii) The name and address of the school or college you attend or the agency training you; and
    - (iv) The name and telephone number of someone at the school, college, or agency who can tell us more about your courses, in case we need information you cannot give us.

## Notes

### Amendments

[45 FR 71795, Oct. 30, 1980. Redesignated at 46 FR 29211, May 29, 1981; 46 FR 42063, Aug. 19, 1981, as amended at 71 FR 66867, Nov. 17, 2006]

### Authority

Authority: Secs. 702(a)(5), 1612(b), 1614(b), (c), and (d), and 1631(d)(1) and (e) of the Social Security Act (42 U.S.C. 902(a)(5), 1382a(b), 1382c(b), (c), and (d) and 1383(d)(1) and (e)).

### Source

Source: 45 FR 71795, Oct. 30, 1980, unless otherwise noted. Redesignated at 46 FR 29211, May 29, 1981; 46 FR 42063, Aug. 19, 1981.

### Amendments

[45 FR 71795, Oct. 30, 1980. Redesignated at 46 FR 29211, May 29, 1981; 46 FR 42063, Aug. 19, 1981, as amended at 71 FR 66867, Nov. 17, 2006]