TN 26 (12-98)
GN 00306.136 Dependency Requirements for Child Adopted Prior to Entitlement or Death
A. Policy — life cases
A child legally adopted by the NH prior to or in the month in which the NH became entitled to a primary benefit is deemed dependent on the NH at any of the points listed in GN 00306.007 at which the relationship existed.
NOTE:The month in which a person becomes entitled is the month in which he/she files the necessary application, if all other requirements are met in that month.
2. Special Rule — NH Entitled to DIB
The following policy applies only for purposes of determining whether a child was adopted before or after a NH's DIB entitlement. It is effective with respect to applications for child's benefits filed 6/89 or later: If a NH's entitlement to DIB was terminated due to cessation of disability, and he/she successfully appealed the termination (i.e., benefits were reinstated retroactively), he/she is not considered “entitled” to benefits during the period between the termination and reinstatement. Thus, a child adopted by the NH during that period would be deemed dependent at any of the points listed in GN 00306.007 at which the relationship existed.
NOTE: The child's application receives full retroactivity, even if it is retroactive to a point before 6/89.
B. Policy — death cases
A child legally adopted by the NH before the NH's death is deemed dependent on the adopting parent at the time of death (see GN 00306.008).