TN 41 (06-19)

GN 00306.125 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Other Satisfactory Evidence and Living With or Support

CITATIONS:

Social Security Act - Sec. 216(h)(3);
Regulations No. 4 - Secs. 404.355, 404.731

A. Policy for section 216(h)(3) child based on other satisfactory evidence and living with or support

The number holder's (NH) child may satisfy the relationship requirement for Title II child's benefits under section 216(h)(3) of the Social Security Act (Act) through other satisfactory evidence. First, there must be satisfactory evidence that meets the standards set out in this section that clearly identifies the child and shows that the child is the NH's biological child. Second, the evidence must also show either:

  • the NH is the child's mother or father and is living with or contributing to the support of the child when he or she files the application; or

  • the NH is deceased, the NH was the child's mother or father, and was living with or contributing to the support of the child at the time of the NH’s death; or, in cases when the child was in the womb when the NH died, living with or contributing to the support of the mother at the time of the NH’s death.

The evidence does not have to be in any specific form, but it must establish (1) biological parentage and (2) living with or contributions for support. Consider such factors as its age, date established, reason established, formality, and who furnished the information on which it was based.

B. Procedure to establish section 216(h)(3) status based on other satisfactory evidence

Follow the steps in this subsection to assist in determining if the child is the NH’s child based on the other satisfactory evidence provision of section 216(h)(3). You must obtain evidence of the child's biological relationship to the NH and develop for "living with" or "contributing to the support of the child."

Evaluate all evidence and document the relationship determination on the Modernized Claim System (MCS) Report of Contact (RPOC) screen, or on an SSA-5002 Report of Contact in non-MCS cases.

1. Biological relationship

The evidence must establish that the NH is the child's biological parent.

a. Evidence of biological relationship

To establish the child's biological relationship to the NH, obtain the child's Numident record meeting the criteria in this subsection or the child's birth certificate (BC), statements from the parent(s), and additional evidence as needed.

You may accept the child's Numident record to support a determination that the NH is the child's biological parent if the Numident:

  • includes an iteration that shows a "6" in the form code (FMC) field of the INTERNAL line, indicating an Enumeration at Birth (EAB) record;

  • shows the NH's name in the mother's name at birth (MNA) or father's name (FNA) field of the EAB record, setting aside minor discrepancies as described in GN 00203.020A.2.C and taking into consideration any other names the alleged parent may have used;

  • does not show a name other than the NH's in the same field (MNA or FNA) in iterations following EAB; and

  • if the NH is deceased, shows the EAB record was established prior to the NH's death.

If there is no Numident record meeting this criteria, obtain the child's birth certificate (BC).

In life cases, unless there is evidence to the contrary (see GN 00306.125B.1.b), accept the child's BC as evidence of the child's biological relationship to the NH if it shows the NH as the child's parent or the space for the parent's name is blank. A BC that does not identify the child's parents, including one submitted because State law does not allow issuance of a full BC, is not in itself evidence to the contrary.

In death cases, unless there is evidence to the contrary (see GN 00306.125B.1.b), accept the child's BC as evidence of the child's biological relationship to the NH if it shows the NH as parent. Develop other evidence as in GN 00306.125B.1.b if the BC cannot be found, it shows that the birth was registered after the NH's death, or it does not show the NH as parent.

In addition, obtain the following statement(s), preferably on Form SSA-2519 Child Relationship Statement:

  • NH's statement that he or she is the child's parent (if he or she is not the applicant for the child), or, if the NH is deceased or “whereabouts unknown,” additional evidence per GN 00306.125B.1.b; and

  • second parent's statement as to maternity or paternity (if he or she is not the applicant).

This information would ordinarily be sufficient to establish the parent-child relationship in the absence of evidence to the contrary. For information on when obtaining additional evidence is necessary, see GN 00306.125B.1.b.

b. When you should obtain additional evidence of biological relationship

Obtain additional evidence of the child's biological relationship to the NH if:

  • you cannot obtain the information in GN 00306.125B.1.a;

  • the space for the NH's name is blank on the EAB Numident;

  • another person is named as the child's parent on the EAB Numident or subsequent iterations of the Numident;

  • the space for the NH's name is blank on the child's BC in a death case;

  • another person is named as the child's parent on the BC;

  • the child's surname on a short form BC is not the NH's surname or the mother's maiden name;

  • the state cannot locate a birth registration for the child;

  • the birth was registered after the NH's death;

  • the EAB Numident is dated after the NH's death;

  • there is a delayed acknowledgment;

  • the NH is incompetent, denies that he or she is the parent, or does not cooperate;

  • the NH is deceased or "whereabouts unknown"; or

  • any other doubt exists as to whether the NH is the child's biological parent.

Additional evidence may include, but is not limited to:

  • hospital, church, or school records;

  • a court decree or order;

  • a statement from the attending physician, relative, or person who knows the child's relationship to the NH, e.g. the NH's spouse, including the basis for that knowledge (for information on the effective date of the relationship when using a statement as evidence, see GN 00306.125C);

  • evidence that the NH and the child's other parent were living together when the child was conceived; or

  • blood or genetic test results.

CAUTION: While you may mention blood or genetic tests as one type of additional evidence of parentage that SSA may consider, do not suggest the child or NH must request a blood or genetic test or imply that SSA requires one.

NOTE: Results from mail order or over-the-counter DNA testing kits are not acceptable as evidence of biological maternity or paternity.

2. Living with or contributing to support

The evidence must also show either:

  • the NH is living with or contributing to the support of the child when the child files his or her application; or

  • the NH is deceased, and the NH was living with or contributing to the support of the child at the time of the NH's death. In cases where the child was in the womb when the NH died, the NH must have either been living with or contributing to the support of the mother at the time of the NH's death (see SSR 68-22).

For applicability of acquiescence rulings concerning the "contributions" requirement for a surviving section 216(h)(3) child, see GN 00306.280 and GN 00306.285.

For instructions on developing living with and contributions for support, see RS 01301.002 and RS 01301.005, respectively.

C. Effective date of parent-child relationship based on other satisfactory evidence and living with or support

When establishing parentage using the other satisfactory evidence provision of section 216(h)(3), the parent-child relationship can begin no earlier than the date of the evidence, unless the evidence points to an earlier date. The living with or contributions requirement must also be met.

EXCEPTION: If a signed statement attesting to a person's knowledge about a child's paternity is being used as evidence, the date to which the statement points may be used as the effective date of the relationship.

D. Dependency for NH's child based on other satisfactory evidence and living with or support

If you establish the child's relationship to the NH based on other satisfactory evidence and living with or support, deem the child dependent on the NH unless someone other than the NH adopts the child during the NH's lifetime (see GN 00306.165).

E. Month of entitlement to child's benefits based on other satisfactory evidence and living with or support

For policy on first month of entitlement (MOET) for child's benefits, see RS 00203.005 for death cases and RS 00203.010 for life cases.

F. References

  • GN 00306.100 Overview of Section 216(h)(3) – Federal Standard for a Parent-Child Relationship for Title II Child's Benefits

  • GN 00306.105 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Written Acknowledgment

  • GN 00306.110 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Court Decree or Court Order for Support

  • GN 00306.165 Entitlement Requirements - Child Adopted by Someone Other Than NH

  • GN 00306.305 Determining Status as Number Holder's Child: When to Request a Legal Opinion

  • GN 00306.310 Challenges to a Parent-Child Relationship Determination

  • GN 00306.315 Disallowing a Title II Child Claim based on Failure to Establish Relationship

  • RS 00203.005 Child's Benefits First Month of Entitlement (MOET) in Death Cases

  • RS 00203.010 Child's Benefits First Month of Entitlement (MOET) in Life Cases

  • RS 01301.002 Living With

  • RS 01301.005 Contributions for Support


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306125
GN 00306.125 - Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Other Satisfactory Evidence and Living With or Support - 06/21/2019
Batch run: 06/21/2019
Rev:06/21/2019