TN 27 (12-00)

GN 00306.138 Dependency Requirements for Child Adopted After NH's Entitlement (Benefits Prior to 1/90)

A. Background

The provisions set forth in this section were part of the Social Security Act prior to the effective date of section 10301 of P.L. 101-239. See GN 00306.137 for current law provisions.

B. Policy

1. General

If a child is legally adopted after the NH's entitlement to RIB or DIB, dependency is deemed only if the child is the NH's natural child or stepchild. Otherwise, the child must have been:

  1. Legally adopted by the NH in an adoption decreed by a court of competent jurisdiction in the U.S. (including Puerto Rico, the Virgin Islands, Guam, American Samoa; and the Northern Mariana Islands); and

  2. Under age 18 when he/she began living with the NH in the U.S. (as defined in GN 00306.138B.1.a.); and

  3. Both living with the NH in the U.S. (as defined in GN 00306.138B.1.a.) and receiving at least one-half support from the NH throughout the one-year period immediately before:

    • The month in which the NH became entitled to RIB, but only if the NH was not entitled to DIB for the preceding month; or

    • If the NH had a period of disability immediately preceding entitlement to RIB, the month in which such period of disability began; or

    • The month in which the NH became entitled to DIB; or

    • The month in which the NH's period of disability began which still exists at the time of the adoption (or, if the child is adopted after the NH attains full retirement age, the month the period of disability began which existed in the month before attainment); or

    • The month in which the child's application is filed, provided the child is the grandchild or great-grandchild of the NH or his/her spouse (see GN 00306.138C.).

      This provision is an alternative to the above-mentioned dependency provisions. It became effective for grandchildren 08/73, based on an application filed in or after 07/73, and for great-grandchildren 05/86 based on an application filed on or after 04/08/86.

      NOTE: See GN 00306.136 for a discussion of the phrase “the month in which.”

2. Child Born During One-Year Period

An adopted child born during the applicable one-year period is deemed to meet the living with and one-half support requirements in GN 00306.138B.1.c. if he/she lived with and received at least one-half support from the NH for substantially all of the period from his/her date of birth to the applicable month indicated in GN 00306.138B.1.c. See GN 00306.235E. for how to determine if dependency is met for “substantially all of the period.”

3. Cautions

a. Child Born In or After Month of NH's Entitlement

Under this provision the period for determining living-with and one-half support can never begin earlier than the child's date of birth. Therefore, a child born in or after the month in which the NH became entitled can be entitled only if he/she is an adopted grandchild or step-grandchild who meets the dependency requirement for the year before he/she files an application.

b. Limitations on Alternative Dependency Requirement for Adopted Grandchild

You may not use the alternative dependency requirement for a grandchild (mentioned in GN 00306.138B.1.c.), for a step-grandchild who is not the natural or adopted grandchild of the NH's spouse, or for a step-great-grandchild who is not the natural or adopted great-grandchild of the NH's spouse.

4. Living-With and One-Half Support

See RS 01301.001 for a discussion of “living with,” and RS 01301.010 and RS 01301.030 ff. for a discussion of “one-half support.” See GN 00306.235D. for a definition of throughout the year.”

C. Procedure — determining grandchild/great-grandchild relationship