TN 27 (12-00)

GN 00306.137 Dependency Requirements for Child Adopted After NH's Entitlement (Benefits for 1/90 or Later)

A. Background

Section 10301 of P.L. 101-239 eliminated the dependency requirements for most children adopted after the NH's entitlement to RIB or DIB. See GN 00306.138 for prior law.

B. Policy — effective date

The provisions shown in GN 00306.137C. are effective with respect to benefits payable for months after December 1989, but only on the basis of applications filed on or after
01/01/90. The time of “filing” includes a month within the life of the application when all other requirements are met.

C. Policy — requirements

This chart shows the new dependency requirements for a child adopted by the NH after the NH's entitlement to RIB or DIB.

If child is...

And...

Then child is...

NH's natural child or stepchild

——————

Deemed dependent on NH (Same as prior law.)

Not NH's natural child or stepchild

Child was under age 18 when adoption proceedings were commenced (see definition in GN 00306.137D.1.)

Deemed dependent on NH if adoption was decreed by a court of competent jurisdiction within the U.S. (including Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands).

 

Child was age 18 or over when adoption proceedings were commenced (see definition in GN 00306.137D.1.)

Deemed dependent on NH if:

  • Adoption was decreed by a court of competent jurisdiction within the U.S. (including Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands) ; and

  • Child was living with or receiving at least one-half support from the NH for the year immediately preceding the month in which the adoption is decreed (see definition of “for the year” in GN 00306.137D.2.).

D. Definitions

1. Commenced Adoption Proceedings

Instituted adoption proceedings, as described in GN 00306.145D.

2. For the Year

Continuously throughout the year, as defined in GN 00306.138.

E. Procedure

1. How to Handle Pending Claims — Application Filed Before 1/1/90

If an application filed before 1/1/90 for a child adopted after the NH's entitlement is pending and the child does not meet dependency under the prior law (see GN 00306.138), apply the provisions of the new law in GN 00306.137C. “Pending” means that SSA has not made a final determination at the initial or reconsideration level or a final decision at the ALJ hearing level. Benefits under the new law are not payable for any month prior to January 1990.

2. How to Handle Previously Disallowed Claims

If an application for child's benefits was previously disallowed for failure to meet the dependency requirements under prior law for a child adopted after the NH's entitlement, and the child would qualify for benefits under the provisions of new law in GN 00306.137C., you may reopen the claim per GN 04001.100 - GN 04001.110 within one year of the initial determination (the disallowance). Do not seek out cases previously disallowed strictly for reopening. However, if a case comes to your attention either on your own motion or at the reque