Effective Dates: 12/14/1998 - Present Previous | Next

TN 26 (12-98)

GN 00306.255 Adoption by NH's Surviving Spouse -Parent Not Living With and Contributing

A. Policy

The child does not qualify under this provision if his/her natural or adopting parent or stepparent was making regular contributions to the support of the child and living in the NH's household. If a parent is doing only one of these, it will not bar the child's entitlement. However, consider any contributions by a parent in determining whether the child was receiving at least one-half of his/her support from the NH.

B. Definitions

The definitions of “living with” and “contributions to support” in RS 01301.001 - RS 01301.005 apply to this provision.

C. Procedure

Obtain a statement from the grandchild, or person filing on his/her behalf, as to whether either of his/her natural or adoptive parents or stepparents were living with the NH and making regular contributions to the child's support at the time the NH died. Follow these procedures:

If the applicant alleges that... Then...
  • •

    Either of the parents was living with the NH and making regular contributions, and

  • •

    The file contains no evidence to the contrary
  • •

    Accept the allegation, and

  • •

    Deny the claim.
  • •

    A parent was not living with the NH at the time of death and

  • •

    There is no evidence to the contrary

Accept the allegation.

NOTE: Develop any alleged contributions from that parent because they will affect the one-half support determination.

  • •

    One or both of the parents was (were) living with the NH at the time of death but

  • •

    That parent was not contributing towards the child's support
  • •

    Develop the support issue fully, and

  • •

    Determine the reason for the nonsupport.

NOTE: Do this development concurrently with the one-half support development.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306255
GN 00306.255 - Adoption by NH's Surviving Spouse -Parent Not Living With and Contributing - 12/14/1998
Batch run: 04/28/2015
Rev:12/14/1998