TN 26 (12-98)
GN 00306.255 Adoption by NH's Surviving Spouse -Parent Not Living With and Contributing
The child does not qualify under this provision if his/her natural or adopting parent or stepparent was making regular contributions to the support of the child and living in the NH's household. If a parent is doing only one of these, it will not bar the child's entitlement. However, consider any contributions by a parent in determining whether the child was receiving at least one-half of his/her support from the NH.
The definitions of “living with” and “contributions to support” in RS 01301.001 - RS 01301.005 apply to this provision.
Obtain a statement from the grandchild, or person filing on his/her behalf, as to whether either of his/her natural or adoptive parents or stepparents were living with the NH and making regular contributions to the child's support at the time the NH died. Follow these procedures:
|If the applicant alleges that...||Then...|
Either of the parents was living with the NH and making regular contributions, and
The file contains no evidence to the contrary
Accept the allegation.
NOTE: Develop any alleged contributions from that parent because they will affect the one-half support determination.
| || |
NOTE: Do this development concurrently with the one-half support development.