TN 37 (01-12)
GN 00306.007 Child Dependency Requirements for Life Cases
A. Dependency points for life cases
Unless otherwise specified in this subchapter, a child of a living number holder (NH) may meet the dependency requirement at any one of the points listed in this section.
1. NH entitled to disability insurance benefits (DIB)
Dependency may be met:
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 last became entitled to a DIB.
At the time, the child's application is filed. This includes a month within the retroactive or prospective life of the application when the claimant meets all other requirements.
Claimant filed for disability benefits on 7/18/11. Claimant alleged a disability onset date of 5/15/10. On the disability application, claimant listed one stepchild. Claimant was married in 5/09 and lived with spouse and stepchild the entire time. Spouse has been working the entire time but claimant last worked in 2009.
The dependency must be met at the beginning of claimant’s disability (5/10), the time of entitlement (11/10), or when the child’s application is filed (7/18/11). Based on the development, claimant was not providing half support at any of the dependency points up to the current date. The spouse is working and providing the majority of stepchild’s support.
NOTE: The period of disability is five full calendar months. For more information, see Period of Disability in DI 10105.001.
2. NH entitled to retirement insurance benefits (RIB)
Dependency may be met at the time the child’s application is filed.
NH had a period of DIB entitlement, which did not end prior to RIB entitlement. Dependency may be met:
At the beginning of the period of disability;
At the time the NH became entitled to DIB;
At the time, the NH became entitled to RIB; or
At the time the child’s application is filed.
B. Time of application
If at the time the child's application is filed includes a month within the retroactive or prospective life of the application and all other requirements are met, then develop for dependency as of:
the first month of potential entitlement based on initial claim or any subsequent child’s claim, or
any later month within the life of the application if dependency was not met at the first of the month and there was a change in circumstances.
NOTE: A new support period can be established for a stepchild after a previous denial for one-half support not being met. For example, a disabled NH had no income therefore, one-half support was not found based on the child’s application. When the NH’s T2 benefits began or the NH receives some other income, the FO should accept a new, subsequent child’s application and make a new determination on whether or not one half support is met.
CAUTION: The Month of Entitlement (MOE) for the child cannot be retroactive back beyond the point when there was a change in circumstances.