TN 5 (09-98)
RS 01310.020 Claimant and Child Under Age 16 Living Together Regularly
A. POLICY - CHILD IN CARE ASSUMPTIONS
Assume that a claimant regularly living with a child has the child in care for each month they live together.
2. First Month Living Together
Assume that the claimant has the child in care for the month they began living together if they lived together for at least one full day, i.e., a 24 hour day, of that month, unless the claimant in a life case is required by RS 00202.010B.4. to have the child in care for every day of the first month.
When a child leaves the claimant's care, assume that the claimant has the child in care for the month they ended living together if they lived together for at least one full day, i.e., a 24 hour day, of that month.
4. Month of NH's Death
If a child was in the claimant's care during the part of the month prior to the NH's death, but was not in the claimant's care at any time during that month after the actual time of the NH's death, the claimant cannot be entitled to mother's/father's benefits for the month of the NH's death.
B. POLICY - NON-ASSUMPTIONS
Do not assume that a child is in the claimant's care if there is evidence to the contrary, or the claimant is mentally disabled. In these situations, develop whether the claimant exercises parental control and responsibility.
Accept the claimant's statement on the application that the claimant and the child are living together unless you doubt the truth of the allegation. If doubt arises, find out with whom the child is living.
If you cannot assume that the claimant has a child in care, secure the claimant's statement about the exercise of parental care and responsibility. The statement requires no corroboration unless you doubt the truth of the allegations. If there is a question, get a statement from another person who lives in the household, or from other persons who have knowledge of the circumstances.