TN 22 (12-23)

RS 01301.195 One-Half Support — Parent Cases

A. Procedure - parent living in NH’s home

In applying the pooled fund method, no distinction is made for ages of the members of the household in figuring their support.

1. General application

Compute support by dividing the total funds coming into the family by the number of members in the household. The result constitutes the amount of each member's support.

EXAMPLE: A NH died in 1/83 and in February, their parent filed an application for parent's benefits. In the year preceding the NH's death, the parent had lived with the NH, the NH's spouse, and their 2 minor children. Development established that the NH's earnings of $6000 were used for support of the family as was their parent's income of $1000 ($480 from a pension and $520 given the parent at $10 weekly by another child). The total funds available for the support of the household were $7000. Since there were 5 members of the household, the cost of support for each was $1400. The parent was not receiving one-half of their support from the NH since the parent's income from other sources ($1000) exceeded one-half of their support ($700).

2. More than one member of household contributed to support of household

The proportion of one member's contributions to any other member is the same as the proportion of to their contributions (less their own support) to the total income.

EXAMPLE: In the year preceding the NH's death, their parent had lived with them, the NH's spouse and the couple's minor child. Development established that the NH income of $3450, their spouse's income of $1950 and the NH's parent's income of $400 were all used for support of the family. The total funds available for support were $5800 and since there were 4 members of the household, the cost of support of each was $1450. The parent's income of $400 is considered as being used for their own support. The balance of the parent's support, $1050, came from the contributions of the NH and their spouse. The proportions are computed as follows:

  NH Wife
Income available for support $3450 $1950
Cost of own support - 1450 - 1450
Balance available for support of other members of the household  2000   500

The NH's contribution to their parent's support equals 4/5 1 of $1050 or $840. Since one-half of the parent's support was $725, the one-half support requirement is met.

1 Fractional amount derived from: $2000 = Balance available from WE

$2500 = Total remaining support available

B. Procedure - NH living in parent’s home

1. Pooled method not applicable

If NH is living in the parent's home, you cannot assume that the income of the members of the household was pooled; therefore, the pooled method cannot be used.

2. Applicable method

Compute the NH's net contribution to the support of the parent and compare that amount with the parent's income from other sources.

CAUTION: No income will be attributed to a claimant by reason of the occupancy of their own home.

3. Example

In the year preceding the NH's death, they lived with their parent. The NH's income for the year was $4000; they gave their parent $40 weekly for groceries and other household expenses and retained the balance for personal expenses. Their parent's income for the year, exclusive of the NH's contributions, was $800, an undetermined portion of which the parent used for household expenses and the balance for personal expenses. Evidence in file established that the cost of furnishing room and board to the NH was $100 per month. Thus, the NH's net contributions to their parent was $880 ($2080-$1200). Since this exceeds the parent's income from other sources, the one-half support requirement is met.

C. Procedure - parent and NH not living together

1. Computing parent's support

Compute the support by determining the parent's total income used for support.

2. In-kind income

In computing in-kind income, including in-kind contributions from sources other than the NH, base the computation on the cost to the contributor.

3. Room and board

If furnished to the parent, the room and board is income to the parent.

If a parent furnished room and board to another contributor, deduct the cost to determine that person's net contributions.

D. Policy - cases involving two parents

1. General rule

When two parents are living together, they are assumed to share equally in the funds available for support. This avoids an unrealistic finding that one parent received one-half support form the NH and the other did not. This rule is equally applicable whether one or both parents are claimants, and whether or not they and the NH live together.

2. Example

In the year preceding the NH's death, the NH, who did not live with their parents, sent them $1200 ($100 per month). In addition, one parent had income of $720 and the other parent had $360 from pensions. All income ($2280) was used for support. The cost of each parent's support was $1140. The NH is considered to have contributed $600 to each. Since one-half of each parent's support is $570, they both received at least one-half support from the NH.

3. Application of rule

In absence of evidence to the contrary, the general rule that both parents share equally in all income, including a child's contributions, will always be followed. The fact that the parents' funds were not commingled, that each parent paid certain designated expenses, that the contributor sent the contributions to only one parent or that there were other arrangements of convenience, will not preclude application of this rule.

4. When not to follow rule

The rule will not be followed when the factual situation clearly indicates that income was not shared equally or that contributions were not for the use of both parents (e.g., the NH had a long-standing arrangement with their parents that they would pay all medical costs, regardless of amount for their parent but would make no other contribution).

E. Reference

RS 01301.020 Considering the Period in Determining Support for Stepchildren

To Link to this section - Use this URL:
RS 01301.195 - One-Half Support — Parent Cases - 01/24/2017
Batch run: 12/27/2023