TN 17 (07-92)
RS 00605.235 Childcare Dropout Years
Where the number of regular dropout years for a DIB computation is less than 3 years, additional years, up to a total of 3, may be added to consider years the NH was caring for a child.
1. Requirement for use
A child care drop out year may be granted if:
The NH had a child (either his/her own or his/her spouse's) under the age of 3 with him/her substantially throughout the year and the NH had no earnings (covered or non-covered) in that year.
The year must also be a year that could be selected as a benefit computation year.
2. Substantially throughout the year defined
A child is considered to be living with the NH substantially thoughout the period as follows:
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.
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.
3. Effective date
This provision is effective for benefits beginning 7/81.
1. Determining child care years
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.
|Number of Regular Dropout Years (1-for-5 Rule)||Maximum Number of Child Care Years|
|3||0||1 By the|
|4||0||2 Minimum of 2|
15 or More: worker is not eligible for child care drop years - at least 3 dropout years given under 1-for-5 rule.
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.
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.
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.
Develop potential child care dropout years as follows:
Secure the answers to the child care questionnaire in the exhibit below when the requirements in 1 are met.
Secure proof of the child's age in the year and relationship to the NH if the NH alleges a child was living with him/her for at least 9 months in a year and answers “no” to question 2 for the same year.
Accept allegations of no earnings if this agrees with the earnings record.
Accept allegations of “living with.”
Establish the year(s) as child care dropout year(s) where proof of age and relationship along with allegations in c. and d. above meet the criteria.
SSA-4162 child care dropout year questionnaire
To view this form, go to SSA-4162.