POMS Reference

GN 00306: Child Relationship and Dependency

TN 26 (12-98)

 POLICY

A child must be dependent on the NH at one of certain specified times. Some children are deemed by law to be dependent on the NH at the applicable time. Others must prove actual dependency. For quick reference, the chart in GN 00306.001B. shows the dependency test for each type of child. For more detailed dependency information, refer to the appropriate section in this subchapter.

To establish dependency at any point, the child must have been in existence and have had the necessary relationship to the NH at the point in question. (See GN 00306.001C.1.c for child conceived after the NH's death; see GN 00306.232 for existence of steprelationship.)

NOTE:If the NH was living with the child's mother or contributing to her support during the child's period of gestation, the child is considered “in being” for purposes of the dependency test.