N.J. Admin. Code § 10:69-8.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:69-8.4 - Entitlement of child born of unmarried parents

(a) A child born of unmarried parents may be entitled to RSDI benefits based on the earnings record of the birth mother or birth father subject to the conditions and proofs in this section.

(b) In New Jersey, a child born of unmarried parents has the requisite status for entitlement to RSDI benefits based upon the earnings record of the birth mother without meeting any special requirements beyond proof of the relationship.

(c) In New Jersey, a child born of unmarried parents may be entitled to RSDI benefits based upon the earnings record of the birth father under any of the following circumstances:

1. When the wage earner is the birth father and marries the mother;

2. When the wage earner has acknowledged in writing that the child is his. The acknowledgment need not be in any special form, but must identify the child in question and further identify such child as his own. Examples of an acceptable written statement include income tax return, a serviceman's application for allotment, a will, an application for insurance, or a letter:

i. The written statement should be signed by the wage earner, but an unsigned statement may have value if there is evidence that it was prepared by the wage earner;

3. When the wage earner has been determined to be the father under the provisions of N.J.S.A. 9:16-1 et seq. or 9:17-1 et seq., or he has been ordered to contribute to the support of the child on the basis of a determination that such child is his, at a point in time which is:

i. Not less than one year before the time he became entitled to retirement benefits or attained age 65, whichever is earlier;

ii. Before the beginning of his most recent period of disability on which his claim for disability benefits is based; or

iii. Before his death;

4. The adjudication of paternity or order of support must identify the child in question and further identify such child as the son or daughter of the wage earner. The amount directed to be paid for the support of the child, or whether support payments are actually made, is immaterial; or

5. When there is satisfactory evidence of paternity and the birth father was living with or contributing to the support of the child as of the time:

i. The birth father became entitled to retirement benefits or attained age 65, whichever is earlier;

ii. The birth father's most recent period of disability began; or

iii. The birth father died.

(d) Under the conditions of this section, "satisfactory evidence of paternity" is the existence of a written acknowledgment, an adjudication of paternity or an order of support regardless of the time the action occurred.

N.J. Admin. Code § 10:69-8.4