TN 29 (10-05)

Citations:

Act - Secs. 202(d) ; 216(e) ;

Regulations - Sec. 404.358

A. Policy - Relationship

1. General

A grandchild or stepgrandchild of the NH or the NH's spouse can qualify as a child under title II if the requirements of GN 00306.235A.1.a. or GN 00306.235A.1.b. are met:

1. The child's natural or adoptive parents are either deceased or disabled in the month in which:

   • The NH became entitled to RIB, DIB or died; or

   • The NH's period of disability began, if that period continued until entitlement to RIB, DIB or death; or

2. The child was legally adopted by the NH's surviving spouse after the NH's death and:

   • The adoption was decreed by a court of competent jurisdiction within the U.S., and

   • The child's natural or adopting parent or stepparent was not living in the NH's household and making regular contributions to the child's support at the time the NH died.

If a child qualifies under GN 00306.235A.1.b., he/she is a child for social security purposes beginning with the month of the NH's death. It is immaterial if the surviving spouse remarries and the new spouse joins in the adoption proceedings. A child who fails to meet these requirements may still qualify under GN 00306.145 as a child legally adopted by the NH's surviving spouse.

NOTE: The period of disability referred to above must have lasted at least five full calendar months (see DI 10105.001).

2. Caution

The requirements of GN 00306.235A.1.a. must be met at one of the points in time described above. For example, if the child's natural or adoptive parents are not deceased or disabled at the time the NH becomes entitled to RIB (and no disability is involved) but the parents die or become disabled later, the child cannot be entitled to life benefits. However, if the NH subsequently dies, survivor benefits might be payable if the child's parents are deceased or disabled in the month of the NH's death.

NOTE: See RS 00203.010B.6. for a discussion of the first month of entitlement for the dependent grandchild of a living NH.

B. Policy - Definition of Grandchild

An applicant is the grandchild or stepgrandchild of the NH or his/her spouse if the child is the natural child, legally adopted child, or stepchild of a parent who is a child of the NH or his spouse. A great-grandchild cannot qualify under this provision.

NOTE: If the grandchild is legally adopted by the NH, follow GN 00306.135

C. Policy - Dependency

1. Requirements

A child who meets the requirements in GN 00306.235A. and GN 00306.235B. must also have:

1. Lived with the NH in the U.S. and received one-half support from the NH throughout the entire year (see GN 00306.235D.) before the month in which:

   • The NH became entitled to RIB, DIB, or died; or

   • The NH's period of disability began which continued to RIB or DIB entitlement or death; and

2. Begun living with the NH before age 18.

   NOTES:

   • The dependency points in GN 00306.235C.1.a. are alternative points. For example, if dependency is not met in the month of the NH's entitlement to DIB, it may be met in the future at one of the other designated points in time, e.g., the month of the NH's conversion to RIB or the month of death. However, benefits cannot be paid until the dependency test is met.

   • The period of disability referred to above must have lasted at least five full calendar months (see DI 10105.001).

REFERENCE: See RS 01301.001 for a discussion of “living with” and RS 01301.010 and RS 01301.030 for a general discussion of one-half support.

2. Child Born During One-Year Dependency Period

Such a child is deemed to meet the dependency requirement if he/she lived with the NH in the U.S. and received at least one-half support from the NH for substantially all of the period from the date of birth to the applicable month indicated in GN 00306.235C.1.a. See GN 00306.235E. for how to determine “substantially all of the period.”

3. Adoption by Surviving Spouse

A grandchild or stepgrandchild adopted by the NH's surviving spouse does not have the status of child prior to the NH's death. However, the period for establishing dependency may be any of the applicable one-year periods in GN 00306.235C.1. or GN 00306.235C.2.

D. Definition - Throughout the Year

The one-half support requirement is met if the NH provided one-half of the child's support “continuously” throughout the applicable one-year period. The requirement is met if the NH made contributions in cash or in kind to the child's support in each of the 12 months preceding the applicable time and the total of such contributions over the entire 12-month period equaled or exceeded one-half of such child's support for the year.

If the NH contributed an amount which was intended as support for more than one month, he/she would be considered as contributing to the child's support for each month covered by the amount of the contribution. An annual installment which is understood by all to be necessary support for the year would be considered as a contribution for each month of the year.

Where the NH had been contributing over a period of time and there is a break of one month in his/her contributions during the year, the NH can be considered to have contributed “continuously” throughout the year.

E. Procedure - Determining “Substantially All of the Period”

1. Determine the number of days in the period.

2. Determine the number of days in the period that the child was both living with and receiving one- half support from the NH.

3. Find the appropriate length of period in the chart below. If the number of days meets or exceeds the minimum required in the right hand column of the chart, the dependency requirement is met.