POMS Reference

RS 01301: Living With, Contributions and One-Half Support

TN 7 (01-12)

A. Definitions of terms used in contributions for support

1. Contributions for support

Contributions for support are regular and substantial contributions in cash or in kind support (e.g., in the form of food, clothing or shelter).

2. Substantial support

Substantial support is an amount we consider large enough as a material factor in the reasonable cost of the child's support.

3. Regular support

Regular support is a consistent pattern of contributions.

B. Contributions and non contributions types

1. Types of contributions

  • Benefits to a child based on the earnings of a living number holder (NH).

  • Paying of Room and board

  • Child support payments

  • A military service person provides an allowance or allotment for a child

  • Apportionments of a living veteran's Department of Veterans Affairs (VA compensation or pension.

  • Donations only if they are for the child’s support and are large enough to provide some of the usual necessities.

2. Types of non contributions

  • Gifts or donations for special reasons or special occasions (e.g., birthdays, holidays, graduation).

  • Funds set aside for a child's future use (e.g., college funds).

  • Funds set aside for extraordinary expenses (i.e., tennis lessons, travel to competitions, etc.).

C. SSA–783 (Statement Regarding Contributions)

1. Procedures for completing the SSA–783

  1. In all cases

    • Separately contact all contributors and each adult member living in the claimant’s household or lived in the same claimant’s household during the appropriate support period.

    Obtain an SSA-783 from each contributor or document their contributions and the claimant’s other sources of income, if any, on the RPOC screen.

  2. For life cases

    If the NH is living and

    • no other conditions exist, then the NH, applicant and any other contributor must complete an SSA-783. Obtain and document any supplementary information on the RPOC screen.

    • the applicant has no personal knowledge of the claimant’s support situation, the NH and the person with the best personal knowledge of the claimant’s support situation must each complete the SSA-783.

    • is the applicant, and there are no other alleged contributors, then the NH and the person with the best personal knowledge of the claimant’s support situation must each complete the SSA–783.

  3. For Death Cases

    If the NH is deceased and

    • no other condition exists then the applicant and other contributors must complete the SSA–783.

    • had not lived with the claimant, then contact a member of the NH's household and obtain any information that person can provide concerning the claimant’s support situation. Use an SSA-783 or obtain and document supplementary information on the RPOC screen.

    • the applicant has no personal knowledge of the claimant’s support situation, then the person with the best personal knowledge of the claimant’s support situation must complete the SSA-783.

    • there are no other alleged contributors, then the person with the best personal knowledge of the child’s support situation must complete SSA-783.

      NOTE: Evidence corroborating the NH's contributions such as receipts, cancelled checks, etc., may be used instead of an SSA-783.

2. Discrepancies on the SSA-783

  • Resolve all material discrepancies and obtain documentary evidence when discrepancies occur. For example, the applicant (mother) alleges the father contributes $200 a month on the SSA–783, but the father alleges he contributes $500 a month. This is a material discrepancy if the lower amount results in less than one half support being met.

  • If you cannot obtain any of the statements required in a. through c. above, or all other parties are deceased, obtain a statement from a disinterested party.

3. Documentary evidence of support

Obtain documentary evidence to support all allegations about the claimant’s support situation. When you are satisfied that documentary evidence does not exist, you may rely on allegations only if you are convinced that they constitute reasonable estimates and you have no reason to doubt their accuracy. Use caution in determining contributions based solely on allegations.

4. Special determination

  • Make a special determination for each child to reflect the basis for a finding of “regular contributions” and “substantial contributions” if it is not obvious from the file. For more information, see Special Determinations for Claims Adjudication in GN 01010.360.

  • In every case where one-half support is an issue, document the determination. Where the conclusion is obvious, an RC stating the determination and briefly summarizing the basis is sufficient. In all other cases, prepare a special determination covering all facts pertinent to the determination.­­­ For more information, see Special Determinations for Claims Adjudication in GN 01010.360.

D. Policy on the limited interruption rule

Consider finding contributions for support even though the:

  • normal pattern of contributions was disturbed by a temporary interruption (i.e., it does not involve an assumption of support by someone else on a permanent and continuing basis); and

  • evidence indicates the interruption was involuntary and contributions would have continued had conditions permitted.

    EXAMPLE: Stepfather was providing more than one-half support, but was in an automobile accident. He missed work for 8 weeks without pay. He resumed working and continued to provide more than one-half support. It was determined he did contribute for that period, since this was a temporary interruption and involuntary.

E. References

  • RS 00203.010C, Child’s Benefits-First Month of Entitlement (MOET) in Life Cases

  • GN 00306.270, Acquiescence Rulings-Child Cases