TN 5 (04-90)

A. DEFINITION

Living with means:

• the child and parent ordinarily share a common roof under conditions which indicate more than mere coincidence of residence and,

• the parent has the right to exercise or is exercising parental responsibility and authority.

B. POLICY - PARENTS RESIDE AT DIFFERENT ADDRESSES

The child “lives with” the parent with whom the child lives the majority of the time.

C. POLICY - PERIODIC OR TEMPORARY SEPARATION

1. General

Periodic or temporary separation does not bar “living with” if the circumstances indicate that the child and parent have shared, and again expect to share, a common roof or resume common residence when conditions permit.

2. Parent in Armed Forces

A parent in the Armed Forces who shared a common roof with the child until induction is deemed to be “living with” the child. Living with is found if the child is born while the parent is in the Armed Forces.

3. Parent in Correctional Institution

A parent in a correctional institution who lived with the child before the imprisonment and expects to live with the child after the separation is considered to be “living with” the child if the parent exercises parental control and authority.

4. Child in Armed Forces or in Correctional Institution

A child in the Armed Forces or in a correctional institution is not “living with” the parent since the parent does not have the right to exercise parental control.

D. REFERENCE

See RS 00203.010C. for a discussion of how the “throughout the entire month” provision affects the first month of entitlement if dependency is established on the basis of “living with.”

E. PROCEDURE

1. NH Living and Not the Applicant

Obtain a statement from the NH about whether the NH and child were living together at the pertinent time.

NOTE: If the child's application date is the pertinent time that “living with” must be met, and the NH and child file concurrently, the NH's application showing the same address as the child's address shown on the child's application constitutes the NH's statement of “living with.”

2. NH Is Applicant or Applicant Has No Personal Knowledge

Accept the NH's statement as proof of “living with.”

3. Development Raises Doubt

Obtain a statement from someone having personal knowledge of the NH's and child's living arrangement at the pertinent time.

4. NH Deceased or Incompetent

a. Applicant Has Personal Knowledge of Living With

Obtain a statement from the applicant and a person with personal knowledge of the NH's and the child's living arrangement at the pertinent time.

b. Applicant Has No Personal Knowledge of Living With or Development Raises Doubt

Obtain a statement from a knowledgeable person other than the person whose statement was already obtained.