TN 26 (12-98)

A. Background

The provisions set forth in this section were part of the Social Security Act prior to the effective date of section 5104 of P.L. 101-508. See GN 00306.145 for current law provisions.

B. Policy

1. Relationship and Dependency

A child who was legally adopted by the NH's surviving spouse after the NH's death is deemed to be the NH's legally adopted child (and is deemed dependent) as of the date of death if all of these conditions are met:

1. The surviving spouse legally adopted the child within 2 years after the NH's death, or legally adopted the child more than 2 years after the NH's death but the NH had instituted proceedings to adopt the child before he/she died; and

2. The child was living in the NH's household at the time of death; and

3. At the time of the NH's death, the child was not receiving regular and substantial contributions for his/her support from:

   • An individual other than the NH or his/her spouse; or

   • Any public or private welfare organization which furnishes assistance or services for children.

2. Grandchild

See GN 00306.235 ff. if the above conditions are not met and the child is the grandchild of the NH or his/her spouse.

3. Payment of Benefits

See GN 00306.145C.2. for policy concerning payment of benefits to a child adopted by the NH's surviving spouse.

C. Definitions

1. Instituted Adoption Proceedings

See GN 00306.145D. for definition of “instituted adoption proceedings.”

2. Welfare Organization

Welfare organizations are social agencies furnishing individualized case work services or assistance for families and children.

D. Procedure

1. Proceedings to Adopt

See GN 00306.145E.1. for instructions on developing proceedings to adopt.

2. Marriage

Develop marital relationship per GN 00305.001 ff.

3. Living in NH's Household

See RS 01301.002. The definition of “living with” includes
in utero situations.

4. Contributions for Support

See RS 01301.005 for development of contributions.

Payments under the Supplemental Security Income Program are not considered contributions from a public agency for this purpose.

Handle cases involving Social Security or veteran's benefits as follows:

• Living individual - Consider the benefits as contributions from that individual; the benefits will disqualify the child if they are substantial and the individual is someone other than the deceased NH or spouse.

• Deceased individual - Do not consider the benefits as payments from the deceased individual or a welfare organization. (Also applies to RR benefits.)