The child must have been living with the NH from the first day of the month until
the application filing date.
The following rules apply:
If the child was not living with the NH from the beginning of the month of filing,
the child's first possible MOET is the following month.
CAUTION: If the child indicates that he or she will not continue living with the NH throughout
the following month, the child does not meet the living-with requirement.
If there is information indicating that the child will not continue living with the NH for the rest of the month of filing, the child does not
meet the living-with requirement.
If there is no information indicating that living-with will not continue for the rest of the month
of filing, we assume that the child meets the living-with requirement for the rest
of the month.
If we learn after filing that the child stopped living with the NH before the first possible MOET ended, the
determination to award benefits is subject to reopening under the rules of administrative
finality. (For information on administrative finality, see GN 04001.020.)
CAUTION: If the child is filing for retroactive benefits, we look to the actual living-with
situation that existed in the first month in the retroactive period throughout which
meets all requirements. For example, we will determine if the child stopped living
with the NH before the first possible MOET ended, instead of assuming that living-with
continued until the end of the month absent evidence to the contrary, as in cases
involving prospective entitlement.