TN 15 (05-08)

RS 02610.035 Determining the Other Parent

Citations:

20 CFR 404.460

A. Determining the “Other Parent”

Determining the “other parent” is usually not a problem where there is only the Number Holder (NH) and one other parent. However, a child may have multiple “other parents” such as a step-parent, or a divorced natural parent. For payment purposes, a child’s benefits will be payable for a month only if, in that month, the child has one other parent, in addition to the NH, who had resided in the U.S. for 5 or more years.

B. Definition of Other Parent

The “other parent” is defined as the following; See 20 CFR 404.460(d) (6):

  • Any living parent who is of the opposite sex of the NH; and who is the adoptive parent by whom the child was adopted before the child attained age 16 and who is or was the spouse of the NH on whose earnings record the child is entitled; or

  • The natural mother or natural father of the child; or

  • The step-parent of the child by a marriage contracted before the child attained age 16, to the natural or adopting parent on whose earnings record the child is entitled. As long as a child has one living “other parent” in addition to the NH who meets the 5 year residency requirement, benefits are paid to the child.

NOTE: If the other parent who did not meet the 5 year residency requirement dies, then the child will begin receiving payment the month after the death of the “other parent.” See (RS 02610.037) - Changes in Child’s Parental Status And The 5 Year Residency Requirement.

It does not matter which parent:

  • The child actually resides with; or

  • Contributes the most financial support; or

  • Has custody.

NOTE: Strictly for the purpose of defining the “other parent” we consider the relationship independent of the financial support or legal custody.

C. Multiple Other Parents

If information indicates that multiple “other parents” exist and if there is information in the file indicating the existence and whereabouts of a parent who meets the residency requirement then:

  • Explain to the claimant that he/she must prove that the “other parent” meets the residency requirement and support any allegations about the length of a period of residence documentation, See (RS 02610.039) - Establishing the 5 Year Residency Requirement.

  • Advise the claimant that SSA can help him/her obtain the evidence needed.

D. Parents Whereabouts Unknown

Do not pursue information indicating that a parent who meets the residency requirement is alive, unless you have specific information regarding his/her whereabouts.

  • Explain to the claimant which evidence is required, and why it is required, and that the failure to submit such evidence will result in suspension of the child’s benefits.

  • Unless specific information is received concerning a parent’s existence and/or whereabouts, consider only the parent for whom SSA has an address.

E. Documentation

Include information on the shared processing screen or the claims development worksheet screen for initial claims as well as domestic to foreign change of address, to document that:

  • The claimant understands that it is his/her responsibility to provide documentation of United States (U.S.) residence; and

  • Unless or until he/she provides the necessary documentation, no payments will be made to the child.

NOTE: Regardless of whether development is to establish the existence of multiple “other parents”, or to determine whether a child’s non-filing parent ever resided in the U.S., the file should be fully documented to support the technician’s actions.

Resources:

Evidence Screen (EVID) (MSOM EVID 001.003)

Development Worksheet in MCS (MSOM MDW 001.001)


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0302610035
RS 02610.035 - Determining the