TN 29 (10-05)

A. Policy - No Period of Disability Lasting Until NH's Entitlement/Death

If the NH had no prior period of disability (or period of disability ceased before NH's entitlement or death), the dependency points shown in the following chart apply.

¹ Dependency must be established for the year immediately before the month in which the event occurred (for child legally adopted by NH after NH's entitlement, this applies only to benefits before 1/90).

² While the dependency requirements can be met at the points stated above, the equitable adoption must have occurred prior to the NH's entitlement to RIB or DIB in order for the child to receive life benefits.

³ Only if adopted child is also grandchild of NH or his/her spouse (see GN 00306.138B.1.c. — benefits before 1/90 only).

NOTE: Effective 1/90, a child (other than natural child or stepchild of NH) legally adopted in U.S. after NH's entitlement is deemed dependent unless child attained age 18 before adoption proceedings commenced, in which case dependency must be met for the year immediately before the month in which the adoption is decreed (see GN 00306.137C.).

B. Policy - Period of Disability Lasting Until NH's Entitlement/Death

If the NH had a period of disability which did not end before NH's entitlement to RIB, DIB, or death, the dependency points shown in the following chart apply. NOTE: The period of disability must have lasted at least five full calendar months (see DI 10105.001).

¹ Dependency must be established for the year immediately before the month in which the event occurred (for child legally adopted by NH after NH's entitlement, this applies only to benefits before 01/90).

² While the dependency requirements can be met at the points stated above, the equitable adoption must have occurred prior to the NH's entitlement to RIB or DIB in order for the child to receive life benefits.

³ See SSR 71-1a for limitation on equitable adoption after NH's entitlement to DIB.

⁴ Only if adopted child is also grandchild of NH or his or her spouse (see GN 00306.138B.1.c. — benefits before 1/90 only).

⁵ Only if NH not entitled to DIB in month before entitlement to RIB (benefits before 1/90 only).

NOTE: Effective 1/90, a child (other than natural child or stepchild of NH) legally adopted in U.S. after NH's entitlement is deemed dependent unless child attained age 18 before adoption proceedings commenced, in which case dependency must be met for the year immediately before the month in which the adoption is decreed (see GN 00306.137C.).