TN 5 (04-90)
RS 01301.225 Extension of 2-Year Period for Filing Proof of Support
A. POLICY - EXTENSION DUE TO “GOOD CAUSE”
Proof of support (in spouse's surviving spouse's, and parent's cases) which was not filed within the prescribed 2-year period may be filed at any time thereafter provided there is good cause for the claimant's failure to file in the prescribed period or an extension can be granted as explained in RS 01301.225B.1. and RS 01301.225B.2.
B. POLICY - OTHER ACCEPTABLE REASONS FOR EXTENSION
1. Soldier's and Sailor's Civil Relief Act
The 2-year period for filing support is extended where the Soldier's and Sailor's Civil Relief Act of 1940, as amended applies.
2. Last Day For Filing Falls on a Non-work Day
The 2-year period is extended where the last day for filing proof of support falls on a Saturday, Sunday, legal holiday, or any other day all or part of which is declared by statute or executive order to be a nonworkday for Federal employees. Proof of support will be considered filed timely if filed on the next full workday.
C. DEFINITION - 2-YEAR PERIOD
The 2-year period means either a period specified in sections 202(c), 202(f), or 202(h) of the Act, or a specified extended period for individuals who could qualify for benefits for the first time as the result of an amendment enacted after the 1956, amendments.
NOTE: If you need to know a specific amendment provision, contact the RO who will in turn contact OISP.