To determine if the one half-support requirement is met at the applicable point in time (dependency point), we look at the stepchild’s support picture for a “reasonable period before that time. Although “time at which support requirement must be met” means the date of an event shown in the chart in GN 00306.009, the facts relating to the claimant's total support for a reasonable period before such date are considered in determining whether the support requirement is met.

If there are no changes in circumstances related to the claimant’s support picture, then use a 12 month period. See RS 01301.020B (in this section). When there are changes in circumstances, a period less than 12 months may be appropriate. In such cases, first determine whether there are untoward circumstances present. If there are untoward circumstances, then apply the rules and instructions set forth in RS 01301.020C (in this section). If there are not untoward circumstances, then apply the rules set forth in RS 01301.020D (in this section).

NOTE: The only category of child's benefits that RS 01301.020B, RS 01301.020C, and RS 01301.020D (in this section) apply to is a stepchild.

All information obtained on the SSA-760-F4 will determine whether the “other reasonable period” rule or the “untoward circumstances” rule may apply for a spouse or a parent. See information on one-half support—evidence needed in RS 01301.140.

All information obtained on the SSA-783 will determine whether the rules on “other reasonable period” or untoward circumstance apply for a child.

NOTE: The only category of child's benefits that RS 01301.020B, RS 01301.020C, and RS 01301.020D (in this section) apply to is a stepchild.

A claimant meets the support requirement at the pertinent time if, during the 12-month period immediately preceding that time, the NH regularly contributed at least one-half the claimant’s whole support without a break.

Usually, the reasonable period is the 12-month period immediately preceding the month of the dependency point; the period is calculated using calendar months. For example, if the dependency point is the NH's onset of disability in September 2010, the 12-month period is September 2009 through August 2010.

CAUTION: In a life case, apply the rules on child’s benefits first month of entitlement in life cases requirement in RS 00203.010C.2.d. If we find the child to have been receiving one-half support at the time the application was filed, we will deem them to have been receiving one-half support throughout the month of filing unless there is an indication that the support situation has changed before filing or is expected to change in that month.

It is unrealistic to find one-half support if the NH does not contribute anything during the 12-month period.

Untoward circumstances mean a change in circumstances caused by events beyond the NH's control that cause the NH to stop or significantly reduce their contributions to the child (e.g., poor health or unemployment which cause a negative impact on the one-half support determination).

Caution: Never use untoward circumstances if the date of filing is the dependency point in a life case.

The claimant will still meet the one half-support where:

• •

  the NH contributed at least one-half of the child’s support for at least 3 months of the support year.

• •

  untoward circumstances prevented the NH from making further contributions.

If the NH's contributions gradually reduce due to untoward circumstances, we may deem the circumstances happened when the NH last contributed at least one-half of the stepchild's support, even though the NH later made additional contributions.

If, during the 12-month period immediately preceding the month of the dependency point, there was a change in circumstances (either positive or negative) that affected the child's support, the period to be considered in determining support begins with the change in circumstances unless untoward circumstances are present. In such cases, the claimant meets the support requirement if the NH contributed at least one-half of the claimant’s support for a reasonable period, which may be less than 12 months.

The support period must always be immediately before the dependency point month. (The note in RS 01301.020B.1. (in this section) concerning the first month of entitlement also applies here.) If there was more than one change in circumstances in a particular case, the support period begins with the last change.

A period, however short, is reasonable. The test is whether the NH plainly showed an intention to provide at least one-half of the claimant's support on a continuing and permanent basis.

Consider the NH's intent and actions based on that intent to determine what a reasonable period is in each case. Even a month or less may be reasonable, depending on all the facts.

EXAMPLE: John Smith gets SSA disability benefits in January 2011. They now provide more than one-half support to their stepchild. The date of filing for their stepchild’s benefits is September 2009. You are adjudicating the claim in May 2011. You are using the child’s application filing date as the dependency point (looking at the facts from the date of filing September 2009 through when the claim is adjudicated May 2011). You can determine the support period to be January 2011 through May 2011 because the support will continue on a permanent basis.

If the claimant received wages or self-employment income (SEI) during part of the year before the NH's entitlement, death, onset, or filing, but not in the period just before such entitlement, death, onset, or filing, the claimant must state whether the employment was permanent or temporary in nature.

If the claimant could reasonably expect to return to regular employment at the above-mentioned times, the reasonable period rule will not apply. In such cases, SSA must use the 12-month period and find one-half support only if the NH contributed at least one-half of the claimant's support during that part of the year the claimant was working.

The period SSA considers in determining support begins with the change in circumstances unless untoward circumstances are present. Consider taking a new child’s application if there is a change in circumstances after an initial denial. Make a new one-half support determination and, if found, limit the date of entitlement to the change in circumstances. For example, if the support picture is from September 2009 through August 2010 and the stepparent stops working in March 2010, consider March 2010 through August 2010 as the period to determine support unless untoward circumstances are present.

Consider changes caused by seasonal employment of the NH or the NH’s spouse as temporary, not permanent. Thus, we must use the 12-month period when seasonal employment is involved, unless untoward circumstances are present.

Where SSA uses a support period of less than 12 months due to a positive change in circumstances (e.g., the NH has been unemployed for most of the usual 12-month support period and then becomes employed), consider a short period a “reasonable period.” Even a month or less may be reasonable, depending on the facts. The test is whether the NH plainly shows, or showed, an intention to provide at least one-half of the child's support on a continuing and permanent basis.

It is sometimes appropriate to consider the support situation in the month of the dependency point itself in arriving at a finding of one-half support when there has been a positive change in circumstances. For example, the NH started providing at least one-half support on a permanent basis a few weeks before the dependency point. See RS 01301.020E.4. (in this section) for an example of such a case.