It’s almost become the norm for children to be raised by grandparents. According to the U.S. Department of Labor, in 2021, 2.33 million children were being raised by their grandmother, and 1.3 million were being raised by a grandfather.
According to the Center for Retirement Research at Boston College, 53 percent of these grandparents receive Social Security benefits. If a Social Security recipient is raising a grandchild, the child may be eligible for auxiliary benefits based on the grandparent’s work record. However, the Social Security Administration (SSA) has strict rules regarding eligibility for the dependent to receive these benefits.
Qualifying for Auxiliary Benefits for Grandchildren
Grandparents who care for their grandchildren may receive auxiliary benefits. Benefits could be paid even if the grandchildren are step-grandchildren or are adopted grandchildren.
However, legal custody isn’t enough to qualify your grandchildren for auxiliary benefits. The SSA has certain criteria that must be met.
Criteria to Qualify for Auxiliary Social Security Benefits
According to the SSA, the agency will pay benefits to grandchildren when the grandparent:
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retires
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begins a period of disability
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dies
Generally, the biological parents of the child must be deceased or have a disability. Another way is for the grandparents to have legally adopted the grandchild.
To receive auxiliary benefits, your grandchild must have begun living with you before age 18. They also must have received at least one half of their support from you for the year before the month you became entitled to retirement, disability insurance benefits, or died.
The child’s natural parents must not be making regular contributions to his or her support.
If your grandchild was born during the one-year period, you must have lived with and provided at least one-half support from the date of birth to the month you became entitled to benefits.
But the caveat to all of this is that if you and your spouse are already receiving benefits, you need to adopt the child for them to be eligible to receive benefits through your work record.
Keep Accurate Records of Support
According to the AARP, you’ll want to keep detailed records of any financial support you provide to your grandchildren. It can become a gray area as to what is considered “half support” according to Stephen Richardson, a former SSA regional communications director.
Grandparents whose initial claims are denied on this basis have the option to appeal.
Appealing Denial of Auxiliary Benefit Claim
According to the SSA, you have four opportunities to appeal its decision. You’ll have 60 days to ask, in writing, for disability or non-medical reconsideration.
If your claim is denied once again, you’ll have an additional 60 days to request a hearing with an administrative law judge.
Even if it’s denied again, you’ll have two other opportunities. One, within 60 days, is to request a review with the Appeals Council, and if that’s denied, you can file a federal district court action with the U.S. District Court. Both must be filed within 60 days of denial.
How Long Can Grandchildren Receive Social Security Benefits?
Benefits end when the child reaches 18 unless the child is a student or disabled. You’ll receive a notice three months before your child’s 18th birthday letting you know that benefits will end when they turn 18.
However, benefits don’t end if your child is a full-time student in grade 12 or below. If your child is attending elementary or secondary school, it’s important to follow the instructions on the notice so benefits continue.
The benefits will continue until the child graduates or until two months after they reach 19, whichever comes first.
Disabled children’s benefits are payable beyond 18 if the disability began before age 22.
Family Maximum Benefit
The SSA’s maximum family benefit often trips up families who are expecting Social Security payments.
According to the SSA, the maximum family benefit is the maximum monthly amount that can be paid on a worker’s record.
If the “breadwinner” is drawing retirement benefits or is deceased, the family maximum is calculated from an SSA formula. This formula yields a figure between 150 and 175 percent of the breadwinner’s primary insurance amount (PIA). A PIA is the monthly benefit if claimed at full retirement age (FRA).
According to the SSA, children generally receive up to 50 percent of a living grandparent’s benefit and 75 percent of a deceased grandparent’s benefit. But collectively, if your benefits and theirs exceed the family maximum, their payments are reduced by an equal amount to meet the cap. Your benefits are not touched.
For example, suppose your spouse and two grandchildren are all receiving benefits on your work record and the family total exceeds the maximum by $1,200. In this case, their monthly payments would be reduced by $400 each. Once more, your benefits would not be reduced. It would only affect those receiving auxiliary benefits.
The family maximum benefits only involve benefits paid on the breadwinner’s work record. It doesn’t incorporate payments to other family members on their own records.
Grandchildren Receiving Social Security
It is important to note that this is all moot if you don’t meet the conditions that your grandchildren need to meet to collect Social Security on your work record. The most important is that you have legally adopted your grandchildren. The other criterion is that you provide at least half their support.
Remember to keep accurate records in case there are questions from the SSA.
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