A child care drop out year may be granted if:

1. a. 

   The NH had a child (either their own or their spouse's) under the age of 3 with them substantially throughout the year and the NH had no earnings (covered or non-covered) in that year.

2. b. 

   The year must also be a year that could be selected as a benefit computation year.

A child is considered to be living with the NH substantially throughout the period as follows:

1. a. 

   The child was alive and under age 3 and has lived with the NH for a certain number of days in each calendar year. For a calendar year to qualify as a child care year, the period(s) during the calendar year when the child was not living with the worker or cannot exceed 91 days, or one-half of the period in question, whichever is less.

2. b. 

   For partial years (i.e., years during which the child was born, attained age 3, or died), the period during which the child was not living with the worker cannot exceed 91 days, or one-half of the period in question, whichever is less.

This provision is effective for benefits beginning 7/81.

1. a. 

   Use the following chart to compute the maximum, number of child care dropout years where an individual received less than three regular (1-for-5 rule) dropout years.

1. b. 

   Review the earnings record. Select the years of highest earnings from the initial base years equal in number to the computation years. The number of computation years equals the number of elapsed years minus the number of regular (1-for-5 rule) dropout years.

2. c. 

   Select a potential child care dropout year up to the maximum number in a. above, for each of the selected computation years that contains no earnings.

3. d. 

   The number of child care dropout years and the designation of the years is based on the initial PIA computation. Subsequent recomputations of the PIA do not affect the number or designation of child care dropout years.

   NOTE: 

   Review recomputations in MCS where childcare drop out years were applied to the initial PIA computation. If subsequent recomputations eliminate the childcare drop out years, you should use ICF to do the recomputation using the number of childcare drop out years determined by EC in the initial PIA determination.

Determine whether the NH or the NH's spouse had a child living with them while the child was under age 3 during any year after 1950. If so, complete a report of contact (RPOC) to document the development of child care dropout years. Include the following information in the RPOC:

1. a. 

   For each child: name, date of birth, relationship to the NH or spouse, applicable years the child lived with the NH while under age 3, and the number of days lived with the NH each year.

2. b. 

   Whether, and in which years, the NH worked.

3. c. 

   The type of proof used to establish the child's age and relationship when the child allegedly lived with the NH for at least 9 months in a year the NH did not work.

4. d. 

   The year(s) you established as child care dropout years.

   Note: 

   Accept the NH's allegation of no earnings when it is consistent with the earnings record and the allegation that the child was "living with" the NH.