TN 5 (09-98)

RS 01310.040 Physically Disabled Child Age 16 or Over

A. POLICY - CLAIMANT AND PHYSICALLY DISABLED CHILD LIVING TOGETHER

1. Living Together Regularly

The child is in the claimant's care only if the claimant performs personal services for the child. If it is established that the claimant has the child in care, the claimant is considered to have the child in care for the month they began or ended living together regularly provided they lived together for at least one full day; i.e., a 24 hour day, of such month. See RS 00202.010B.4. for initial life claims requiring in care “throughout the month.”

2. Living Together Temporarily

The claimant has the child in care only if he/she is performing personal services and the child is with the claimant for a period of at least 30 consecutive days. In this event, the child is in the care of the claimant for the month the period began or ended if the child was in his/her care for at least one full day of such month.

B. POLICY - CLAIMANT AND PHYSICALLY DISABLED CHILD NOT LIVING TOGETHER

The child is in the claimant's care only if:

• the child customarily lives with the claimant;

• the child is in the claimant's care (in accordance with RS 01310.040A.1.) when they live together; and

• the separation is expected to be temporary. The child is not in the claimant's care if the separation is for an indefinite period or is not expected to end within 6 months. If the child returns to the claimant's care before the end of the 6-month period, consider the separation as temporary.

C. PROCEDURE

1. Child in Care Established Before Age 16

The finding of child in care does not carry over when the child attains age 16 and is physically disabled. If the child is still entitled, determine whether the child is in the claimant's care based on the performance of personal services.

2. Development

Obtain the claimant's statement about the nature and frequency of the personal services he/she performs and whether or to what extent the claimant's presence is required because of the child's disability. Also, get a similar statement from the physically disabled child. You may obtain these statements while developing evidence of the child's disability. Development in the file on the child's disability may also contribute information relevant to a determination of the claimant's performance of personal services. If there is any question, obtain statements from others living in the household or from other persons who have knowledge of the circumstances.