Covered earnings are wages or self-employment income (SEI) creditable for title II benefit purposes under Social Security law.
Noncovered earnings are earnings from employment or SEI which are not creditable for title II benefit purposes under Social Security law. Examples of noncovered earnings are earnings of Federal civilian employees hired before 1984, earnings of employees of State and local governments who are members of the employer's retirement system and who have not been covered by a voluntary Federal/State Social Security agreement, and certain agricultural and domestic earnings.
A quarter of coverage is credit for a requisite amount of covered earnings assigned to a calendar quarter on the earnings record of the worker.
a parent(s) (as defined in SI 00501.010A.2. and verified per SI 00502.140D.2.a., but with no requirement of living in the same household except in holding-out relationships, as defined in SI 00501.152 and developed per SI 00502.145B.3.) in periods in which the alien was under age 18; and /or
a spouse(s) (as defined in SI 00501.150B.1. and developed per SI 00502.145) during their marriage if the marriage continues or the spouse is deceased.
The following programs are the only programs which meet the definition of a Federal means-tested public benefit:
Food Stamps, andTemporary Assistance for Needy Families (TANF) formerly Aid to Families with Dependent Children (AFDC).
Beginning after 12/31/96, an individual “receives” a Federal means-tested public benefit in a calendar quarter if in that quarter the individual is eligible for SSI, TANF, and/or Medicaid, and/or certified to receive food stamps.
NOTE: See SI 00502.135B.3.b below for crediting the 40th QQ when the LAPR alien worked and earned the 40th QQ in the quarter of filing for SSI.
A determination of eligibility is an adjudication of eligibility and/or payment amount by a decision maker. The determination of eligibility becomes final and binding on the date of the notice. (See SI 04070.001.)
An LAPR alien who enters the U.S. on 8/22/1996 or later cannot be eligible based on having 40 QQs for a 5-year period beginning on the LAPR alien's date of entry into the U.S. as a qualified alien (see SI 00502.100A.2.a.). The 5-year period for an alien who enters the U.S. on 8/22/1996 or later and who is not in a qualified alien status (as defined in SI 00502.100A.2.) at entry, but subsequently adjusts to such a status, begins with the date of adjustment to qualified alien status.
NOTE: Determine the LAPR's date of entry from the ADM/ADJ Date on Form I-551. If the ADM/ADJ date on the I-551 is on or after 8/22/1996 and the alien alleges entry prior to 8/22/1996, verify the date of entry using the G-845 procedure.
If the individual alleges entering the country prior to 8/22/1996 but DHS cannot provide the date because the records are unavailable or the individual was undocumented at entry, verify the entry date using whatever creditable evidence may be available (e.g., NUMIDENT dated prior to 8/22/1996, MBR/ SSR records, employment records, etc.)
EXCEPTIONS: The 5-year limitation on eligibility to LAPR aliens does not apply if the LAPR alien:
entered the U.S. before 8/22/1996 and obtained qualified alien status before 8/22/1996;entered the U.S. before 8/22/1996 and obtained qualified alien status after 8/22/1996 and has been continuously present in the U.S. (i.e., has not been outside the U.S. for a full calendar month or for 30 or more consecutive days) from the latest date of entry prior to 8/22/1996;
NOTE: Develop continuous presence only if there is reason to believe the individual has been outside the U.S. for 30 consecutive days or a full month since date of entry. When continuous presence is questionable, follow the development procedures in
SI 00501.410D.
was granted withholding of deportation under section 243(h) of the INA as in effect prior to 4/1/1997, or withholding of removal under section 241(b)(3) of the INA;
was granted Cuban and Haitian entrant status under section 501(e) of the Refugee Assistance Act of 1980; or
was admitted to the U.S. as an Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988; or
is on active duty in the Armed Forces of the U.S., or is a veteran, as described in SI 00502.140; oris the spouse or widow(er) or unmarried dependent child of a person in the Armed Forces of the U.S., or a veteran, as described in SI 00502.140.
is an American Indian born in Canada under section 289 of the INA or a member of a federally recognized Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.
An LAPR alien must have or be credited with 40 QQs to meet the eligibility requirements for this category.
REMINDER: An LAPR who does not have the 40 QQs needed for eligibility under this provision may be eligible:
if admitted as a refugee, granted asylum, had deportation/removal withheld, granted Cuban/Haitian entrant status, or admitted as an Amerasian immigrant less than 7 year ago, or
if lawfully residing in the U.S. and receiving SSI benefits (see SI 00502.100) on 8/22/1996, or
if blind or disabled and lawfully residing in the U.S. on 8/22/1996 (see SI 00502.100D.), or
based on active duty military service or veteran status of the LAPR alien or the LAPR's spouse, widow(er), or parent (see SI 00502.140); or
if an American Indian born in Canada under section 289 of the INA, or a member of a federally recognized Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (see SI 00502.105).
After 1977, covered and noncovered earnings are divided by the dollar amount needed to earn a QC, (see RS 00301.250, Increment Amounts — Exhibit) to determine the number of QQs earned for a year, up to a maximum of 4 QQs per year per worker.
To determine the number of QQs creditable for years before 1978, see:
RS 00301.320 for agricultural wages; andMore than 4 QQs may be credited to an individual under this provision for a calendar year because in addition to QQs from their own earnings, up to 4 QQs per year may also be credited from each parent and/or a spouse(s). QCs for covered employment and self-employment that are credited from a parent(s) and/or a spouse(s) do not count for title II entitlement purposes and will not be posted to the LAPR's earnings record (E/R).
An LAPR alien of any age can be credited with QQs earned by a parent through the quarter the LAPR alien attains age 18, whether or not the parent(s) is currently living.
When a Parent's QQs Can be CreditedQQs belonging to a parent(s) may be credited to the parent, the parent's spouse, and to one or more children.
EXAMPLE: An LAPR alien couple and their two LAPR alien children (one age 12 and the other age 23) all apply for SSI. Each member of the couple has earned 20 QQs for work done more than 5 years earlier, before the older child turned age 18. All four LAPR aliens meet the 40 QQs eligibility category based on the couple's combined 40 QQs.
QQs Earned by a Natural ParentAll QQs earned by a natural parent(s) (including the QQs earned prior to the LAPR alien's birth) can be credited through the quarter the LAPR attains age 18.
EXAMPLE: If a natural parent earned 20 QQs prior to the LAPR alien's birth and 20 QQs from the LAPR alien's birth through the quarter the LAPR alien attains age 18, 40 QQs can be credited to the LAPR alien.
QQs Earned by an Adoptive ParentAll QQs earned by an adoptive parent(s) (including the QQs earned prior to the LAPR alien's birth) can be credited through the quarter the LAPR attains age 18 if the adoption occurred before the LAPR alien attained age 18. EXAMPLE: If the adoptive parent of a LAPR alien born 1/15/1991 and adopted 3/31/1997 earned 20 QQs prior to the LAPR alien's birth and 20 QQs from the LAPR alien's birth through the quarter the LAPR alien attained age 18, 40 QQs can be credited to the LAPR alien.
QQs Earned by a StepparentQQs earned by a stepparent can be credited from the quarter of the marriage of the stepparent and the natural/adoptive parent through the quarter of attainment of age 18 if the marriage between the stepparent and the natural/ adoptive parent occurred before the LAPR alien attained age 18 and has not ended by divorce or annulment before the determination of eligibility is made for the LAPR alien.
EXAMPLE: An LAPR alien's natural birth parent married the LAPR alien's stepparent 6/10/1978. The LAPR alien was born 10/12/1972. They are still married when the determination of eligibility is made for the LAPR alien. The QQs from the stepparent can be credited from 6/1978 through the quarter of attainment of age 18.
NOTE: QQs cannot be credited if at the time the determination of eligibility for the LAPR alien is made, the natural/adoptive parent and the stepparent relationship ended as a result of a divorce or annulment. However, QQs can be credited if the natural/adoptive parent and the stepparent are separated but not divorced. QQs credited from a stepparent are not lost if the natural/adoptive parent and the stepparent later divorce.
QQs Earned by Both Natural/Adoptive Parents and a StepparentQQs can be credited from both natural/adoptive parents and a stepparent during the time the stepparent is married to the natural/adoptive parent if the marriage between the stepparent and the natural/adoptive parent occurred before the LAPR alien attained age 18 and has not ended by divorce or annulment before the determination of eligibility is made for the LAPR alien.
EXAMPLE: Using the above example, QQs from the stepparent can be credited from 6/1978 through the quarter the LAPR alien attains age 18 and from both natural/adoptive parents through the quarter of attainment of age 18.
QQs Earned by a Parent's Holding-Out SpouseQQs earned by the LAPR alien's natural/adoptive parent's holding-out spouse (defined in SI 00501.152 and developed per SI 00502.145B.3.) during the time the holding-out relationship existed can be credited to the LAPR alien if at the time the determination of eligibility is made, the holding-out relationship continues to exist (i.e., the holding-out spouse lives with the natural/adoptive parent) and the LAPR alien is under age 18.
EXAMPLE: An LAPR alien born 10/10/1985 currently lives with their natural birth parent and an individual determined to be their natural birth parent's holding-out spouse. The holding-out spouse began living with the LAPR alien and their natural birth parent in 1/1986. The QQs earned by the natural birth parent's holding-out spouse can be credited from 1/1986 through the present since the holding-out relationship still exists and the LAPR alien is under age 18.
QQs Earned by a Biological Parent Whose Child Has Been AdoptedQQs earned by a biological parent(s) whose parental rights are lost as a result of the adoption of the child by another person(s) are not creditable.
QQs credited from a biological parent(s) are not lost if the biological parent(s) loses their parental rights as a result of adoption after a determination of eligibility is made for the LAPR alien.
QQs earned by a current spouse and/or one or more deceased spouses during marriage to the LAPR alien can be credited. Develop the duration of marriage as necessary to accurately determine the number of QQs creditable. (See SI 00502.145.)
EXAMPLE: An LAPR alien's current spouse has earned 20 QQs since married to the LAPR alien, and the LAPR alien's former spouse who died while married to the LAPR alien earned over 20 QQs during the marriage. The LAPR alien can be credited with the QQs from both spouses and therefore qualify based on this provision.
NOTE: Eligibility based on the credit of QQs from a deceased spouse is not lost if the LAPR alien remarries.
QQs Earned by More Than One Current SpouseQQs may be credited to an LAPR alien from more than one current spouse. (That is, an LAPR alien who is separated, but not divorced, from the legal spouse and living with and holding-out with another, may have QQs credited from both the legal spouse and the holding-out spouse simultaneously.)
QQs Belonging to an Eligible CoupleQQs belonging to members of an eligible couple may be credited to both members of the eligible couple.
EXAMPLE: An LAPR alien and their LAPR alien eligible spouse each earned 20 QQs during their marriage. Since the combined QQs total 40, each can qualify based on this provision.
QQs of a Former SpouseA former spouse's QQs cannot be credited if the marriage ended, unless by death, before a determination of alien eligibility is made for the LAPR alien.
EXAMPLE: An LAPR alien was married to a U.S. citizen for 12 years. The LAPR alien has no QQs of their own. The spouse earned over 40 QQs during their marriage. The marriage terminated by divorce 4 months before the determination of eligibility was made for the LAPR alien. No QQs can be credited from the former spouse in determining SSI eligibility.
NOTE: A legal marriage ends by a divorce or annulment. The holding-out relationship ends the month after the month the holding-out couple is no longer living together. (See SI 00501.150.)
QQs credited from a spouse are not lost if the marriage ends (including a holding-out relationship) for any reason after a determination of eligibility is made for the LAPR alien. However, if benefits terminate and a new claim is required, a new determination of alien eligibility must be made for the LAPR alien. If the marriage has ended as a result of a divorce or annulment when the current determination is being made, the QQs of the former spouse cannot be credited.
When a holding-out relationship ended due to the spouse's death, see SI 00502.145B.3.b.
QQs are credited as follows:
QQs are acquired when earned income for covered and/or noncovered work for the calendar year equals or exceeds one or more quarterly title II QC increment(s) for the year. (See Chart of Increment Amounts in SI 00502.135D.3.).
QQs are creditable for a quarter if they would have been creditable for any part of the quarter. (That is, a QQ(s) is creditable from a parent(s) in the quarter the LAPR alien attains age 18 or from a spouse for the quarter of marriage or the death of the spouse.)
After 1977, QQs are assigned to specific calendar quarters within the calendar year in which they are earned in the manner most advantageous to the individual, per
RS 00301.230 - RS 00301.240. For example, if a worker's earnings of $1600 in 1984 were all earned in December, a QQ could be assigned to the first calendar quarter of 1984 and each remaining calendar quarter of the year. A QQ is acquired on the first day of the calendar quarter to which it is assigned.
EXAMPLE: An LAPR alien married in August 1984. The spouse earned 2 QQs in 1984. Since QCs for covered employment and self-employment in 1984 were credited by SSA on an annual basis and not assigned to specific calendar quarters, the 2 QQs earned may be assigned to quarters in the manner most advantageous to the LAPR alien. In this case, since the marriage spanned part or all of 2 calendar quarters, the 2 QQs earned by the spouse for the year may be assigned to those 2 quarters (9/1984 and 12/1984). The time of the year when the spouse worked is irrelevant.
To credit QQs for all years before 1978 (including years prior to 1937), see
RS 00301.301 - RS 00301.350.
NOTE: Before 1978 (including years prior to 1937), earnings must have actually been paid (i.e., not necessarily earned) in the quarter for a QQ to be credited.
If evidence of earnings paid in a quarter is not available for years prior to 1937 , determine the number of QQs as follows:
If evidence of annual earnings information (such as income tax records) is the only evidence available and the worker's earnings were $200 or more in the year, a maximum of one QQ can be credited for the year since there is no information available showing when the earnings were actually paid. The quarter can be credited to any quarter in the year that is most advantageous to the LAPR alien; or
If in addition to the annual tax information, the individual presents evidence indicating the worker worked for the same employer for the entire year (such as retirement papers, years of service documentation, letters of commendation, etc.) the yearly total can be divided by $50 to determine the number of QQs for the year, up to a yearly maximum of 4 QQs.
EXAMPLE 1: An LAPR alien, born in France on 3/30/1917, lived in the U.S. from 12/18/1925 until 10/10/1980 when they returned to France. They returned to the U.S. on 1/10/1996 and was granted LAPR status at that time. On 03/20/1997, they filed for SSI as an aged individual. They are not disabled and they meet no other exception. They must, therefore, meet the 40-QQ determination. Since they entered the U.S. prior to 08/22/1996 as an LAPR alien, it is not a requirement that they reside in the U.S. for 5 years.
He earned 39 QQs of their own until they left the country in 1980. They have not worked since their return; however, they have a tax return from the year 1935 showing that their parent earned $600 in that year. There is no other evidence of the 1935 earnings available.
Credit can be given for 1 QQ for the 3/1935 quarter (the quarter of attainment of age 18). They meet the 40 QQ determination since they have 39 QQs of their own and can be credited with 1 QQ for 1935.
EXAMPLE 2: Same circumstances as in EXAMPLE 1 above except that the LAPR alien was born 12/30/1917 and has only 36 QQs of their own. In addition to the tax return indicating their parent had earnings of $600 in 1935, they present a letter of commendation from their parent's employer showing that their parent worked for the same employer from 01/1926 - 05/1936.
Since the letter of commendation indicates the LAPR alien's parent worked for the same employer for all of 1935, 4 QQs can be credited for 1935 ($600 ÷ $50 = 12 QQs or a maximum of 4 QQs). All 4 QQs can be credited to the LAPR alien for 1935 since they turned 18 in 12/1935. They, therefore, meet the 40 QQ requirement since they have 36 QQs of their own and can be credited with 4 QQs for 1935.
Current year earnings can be used to help establish 40 QQs to determine eligibility under this provision. However, current year QQs can be assigned only to past and current calendar quarters, one per calendar quarter per worker. A QQ is acquired on the first day of the quarter in which it is assigned per RS 00301.230. Current year SEI can be used to help establish 40 QQs following the instructions in RS 01804.110.
If an otherwise eligible individual's earnings permit the 40th QQ to be credited during the life of the application (see SI 00601.010), eligibility can be found based on current year earnings no earlier than the first month of the calendar quarter to which the 40th QQ is assigned. For claims filed 8/22/1996 or later, benefits are payable beginning the first day of the month following the later of the date the individual files the application or becomes eligible (SI 00601.009).
EXAMPLE: An aged LAPR alien files an SSI application on 03/2/1997. They do not meet the 40 QQ determination in 03/1997 as they can only be credited with 39 QQs, 20 QQs of their own and 19 earned by their current spouse during their marriage. They meet all other eligibility factors in March and subsequent months. The FO made the input to the system on 03/15/1997 to deny their claim. The life of their application would have ended on March 15; however, they filed a timely request for reconsideration on 04/30/1997.
In 04/1997, their spouse earned $700, enough for 1 QQ. The QQ can be credited as of 04/1/1997, giving the spouse a total of 20 QQs. On 05/15/1997, the FO made the reconsideration decision and determined that the LAPR alien did not meet the 40 QQ determination for March but that they did meet it beginning 04/01/1997 since as of April 1, they can be credited with 20 QQs of their own and 20 from their spouse. The FO made the input to the system on 05/15/1997 to pay the LAPR alien SSI benefits beginning 05/1/1997 (the first day of the month following the date they became eligible), based on the 03/2/1997 application.