TN 37 (01-12)

A. Dependency points

Unless otherwise specified in this subchapter, the child of a deceased number holder (NH) may meet the dependency requirement at one of the points listed in this section.

1. Death of NH

The child can meet dependency requirement at the time of the NH's death.

2. Period of disability for NH

If the NH had a period of disability that did not end before the month of death, or before the NH’s entitlement to DIB or RIB, then dependency may be met:

• At the time of death or;

• At the beginning of the period of disability (if the NH had several periods of disability, only the beginning of the last period can be used);

• At the time the NH became entitled or date of entitlement (DOE) to DIB; or

• At the time, the NH became entitled to RIB.

NOTE: The period of disability is five full calendar months. For more information, see Period of Disability DI 10105.001.

B. NH entitled within retroactive life of child's application

You can establish dependency before the NH's death and within the retroactive life of the application, if:

• the NH was alive, and

• entitled within the retroactive life of the child's application.

NOTE: A child may be entitled to benefits prior to the NH’s death, and must meet the dependency requirements beginning that month.

For more information on retroactivity, see Retroactivity Title II in GN 00204.030.

C. References

• RS 01301.005 Contributions for Support

• RS 01301.020 Period to be Considered in Determining Support

• RS 01301.165 One Half Support Corroborating Statement and Other Evidence

• RS 01301.190 Rules for Support Determinations

• RS 01301.206 One Half Support Child Dependency Cases