TN 5 (04-90)
RS 01301.195 One-Half Support — Parent Cases
A. Procedure - parent living in NH’s home
In applying the pooled fund method, no distinction is made for ages of the members of the household in figuring their support.
1. General application
Compute support by dividing the total funds coming into the family by the number of members in the household. The result constitutes the amount of each member's support.
EXAMPLE: A male NH died in 1/83 and in February, his mother filed an application for parent's benefits. In the year preceding the NH's death, his mother had lived with him, his wife, and 2 minor children. Development established that the NH's earnings of $6000 were used for support of the family as was his mother's income of $1000 ($480 from a pension and $520 given her $10 weekly by another son). The total funds available for the support of the household were $7000. Since there were 5 members of the household, the cost of support for each was $1400. The mother was not receiving one-half of her support from the NH since her income from other sources ($1000) exceeded one-half of her support ($700).
2. More than one member of household contributed to support of household
The proportion of one member's contributions to any other member is the same as the proportion of to his/her contribtuions (less his/her own support) to the total income.
EXAMPLE: In the year preceding the male NH's death, his mother had lived with him, his wife and his minor child. Development established that his income of $3450, his wife's income of $1950 and his mother's income of $400 were all used for support of the family. The total funds available for support were $5800 and since there were 4 members of the household, the cost of support of each was $1450. The mother's income of $400 is considered as being used for her own support. The balance of her support, $1050, came from the contributions of the NH and his wife. The proportions are computed as follows:
|Income available for support||$3450||$1950|
|Cost of own support|| - 1450|| - 1450|
|Balance available for support of other members of the household|| 2000|| 500|
The NH's contribtion to his mother's support equals 4/5 1 of $1050 or $840. Since one-half of the mother's support was $725, the one-half support requirement is met.
1 Fractional amount derived from: $2000 = Balance available from WE
$2500 = Total remaining support available
B. Procedure - NH living in parent’s home
1. Pooled method not applicable
If NH is living in the parent's home, you cannot assume that the income of the members of the household was pooled; therefore, the pooled method cannot be used.
2. Applicable method
Compute the NH's net contribution to the support of the parent and compare that amount with the parent's income from other sources.
CAUTION: No income will be attributed to a claimant by reason of the occupancy of his/her own home.
In the year preceding the NH's death, he lived with his mother. His income for the year was $4000; he gave his mother $40 weekly for groceries and other household expenses and retained the balance for personal expenses. His mother's income for the year, exclusive of the NH's contributions, was $800, an undetermined portion of which she used for household expenses and the balance for personal expenses. Evidence in file established that the cost of furnishing room and board to the NH was $100 per month. Thus, his net contributions to his mother were $880 ($2080-$1200). Since this exceeds her income from other sources, the one-half support requirement is met.
C. Procedure - parent and NH not living together
1. Computing parent's support
Compute the support by determining the parent's total income used for support.
2. In-kind income
In computing in-kind income, including in-kind contributions from sources other than the NH, base the computation on the cost to the contributor.
3. Room and board
If furnished to the parent, the room and board is income to the parent.
If a parent furnished room and board to another contributor, deduct the cost to determine that person's net contributions.
D. Policy - cases involving two parents
1. General rule
When two parents are living together, they are assumed to share equally in the funds available for support. This avoids an unrealistic finding that one parent received one-half support form the NH and the other did not. This rule is equally applicable whether one or both parents are claimants, and whether or not they and the NH live together.
In the year preceding the NH's death, the NH, who did not live with his parents, sent them $1200 ($100 per month). In addition, his father had income of $720 and his mother $360 from pensions. All income ($2280) was used for support. The cost of each parent's support was $1140. The NH is considered to have contributed $600 to each. Since one-half of each parent's support is $570, they both received at least one-half support from the NH.
3. Application of rule
In absence of evidence to the contrary, the general rule that both parents share equally in all income, including a child's contributions, will always be followed. The fact that the parents' funds were not commingled, that each parent paid certain designated expenses, that the contributor sent the contributions to only one parent or that there were other arrangements of convenience, will not preclude application of this rule.
4. When not to follow rule
The rule will not be followed when the factual situation clearly indicates that income was not shared equally or that contributions were not for the use of both parents (e.g., the male NH had a long-standing arrangement with his parents that he would pay all medical costs, regardless of amount for his mother but would make no other contribution).
RS 01301.020 Considering the Period in Determining Support for Stepchildren