Mother’s and father’s insurance benefits
(1)
(1)#
The surviving spouse and every surviving divorced parent (as defined in section 416(d) of this title ) of an individual who died a fully or currently insured individual, if such surviving spouse or surviving divorced parent—
(A) is not married,
(B) is not entitled to a surviving spouse’s insurance benefit,
(C) is not entitled to old-age insurance benefits, or is entitled to old-age insurance benefits each of which is less than three-fourths of the primary insurance amount of such individual,
(D) has filed application for mother’s or father’s insurance benefits, or was entitled to a spouse’s insurance benefit on the basis of the wages and self-employment income of such individual for the month preceding the month in which such individual died,
(E) at the time of filing such application has in his or her care a child of such individual entitled to a child’s insurance benefit, and
(F) in the case of a surviving divorced parent— (i) the child referred to in subparagraph (E) is his or her son, daughter, or legally adopted child, and (ii) the benefits referred to in such subparagraph are payable on the basis of such individual’s wages and self-employment income,
shall (subject to subsection (s)) be entitled to a mother’s or father’s insurance benefit for each month, beginning with the first month in which he or she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: no child of such deceased individual is entitled to a child’s insurance benefit, such surviving spouse or surviving divorced parent becomes entitled to an old-age insurance benefit equal to or exceeding three-fourths of the primary insurance amount of such deceased individual, he or she becomes entitled to a surviving spouse’s insurance benefit, he or she remarries, or he or she dies. Entitlement to such benefits shall also end, in the case of a surviving divorced parent, with the month immediately preceding the first month in which no son, daughter, or legally adopted child of such surviving divorced parent is entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such deceased individual.