1
|
Is there an allegation that this individual is or is not a parent, adoptive parent,
or stepparent of:
as defined in SI 00501.010B?
If yes, go to step 2.
If no, do not apply these instructions. STOP.
|
2
|
Does the allegation involve someone who:
-
•
is absent from an eligible child’s household (see SI 00830.420A.2. regarding absence); and
-
•
provides child support to the eligible child?
If yes, refer to SI 00830.420B to determine if you may exclude one-third of the child support the eligible child
receives. STOP.
If no, go to step 3.
|
3
|
Do you have information contrary to the allegation?
For example:
-
•
does someone alleged to be the child’s parent, adoptive parent, or stepparent come
forward to deny the relationship;
-
•
does someone provide contradictory allegations with respect to the child’s parent(s),
adoptive parent(s), or stepparent(s);
-
•
does someone claim that the alleged parent’s parental rights were terminated when
the child was adopted; or
-
•
do SSA’s records (e.g., documents currently available to SSA, information associated
with other Title II or Title XVI claims involving the child, or NUMIDENT records)
contradict the allegation of parenthood?
If yes, go to step 4.
If no, accept the allegation that this is or is not the child’s parent, adoptive parent,
or stepparent. Go to step 12.
|
4
|
If the allegation involves an
adoptive parent, go to step 5.
If the allegation involves a marital relationship that may
create stepparent status, go to step 7.
If the allegation involves someone
whose parental rights were terminated when the child was adopted, go to step 6.
Otherwise, go to step 10.
|
5
|
Review an official civil record of adoption (e.g., a decree of legal adoption or a
court or State record of adoption) provided by the claimant or otherwise readily available.
If the available records are sufficient for you to determine that the individual is an adoptive parent, document your decision as set out in SI 00501.015E.1 in this section. Go to step 13.
If official records are unavailable or otherwise fail to establish whether the individual is an adoptive parent, go to step 6 to consider
if the individual may be a stepparent for SSI purposes.
|
6
|
Might this individual be the current spouse (including someone who is a holding-out
spouse or who is entitled to Title II benefits as the spouse) of the child’s parent
or adoptive parent?
If yes, go to step 7.
If no, go to step 11 to determine if the individual is a parent for SSI purposes, based
on their role in the child’s life.
|
7
|
Review a certificate of marriage or death, a decree of divorce or annulment provided
by the claimant or otherwise readily available, or an MBR indicating that the alleged
stepparent is entitled to Title II benefits as the spouse of the child’s parent or
adoptive parent.
If the available records are sufficient for you to determine whether the individual is a stepparent based on their current
marriage to the child’s parent or adoptive parent, document your decision as set out
in SI 00501.015E.1 in this section. Go to step 16.
If such records are unavailable or otherwise fail to establish whether the individual is a stepparent based on a ceremonial marriage
or by reason of entitlement to Title II benefits as a spouse, go to step 8 to determine
if the individual is a stepparent for SSI purposes based on a holding-out marital
relationship.
|
8
|
Are the individual and the child’s parent/adoptive parent members of the child’s household?
If yes, go to step 9.
If no, this individual is not a stepparent based on a holding-out marital relationship. To determine if the individual
is a parent for SSI purposes, based on their role in the child’s life, go to step
11.
|
9
|
Do the child’s parent (or adoptive parent) and the individual hold themselves out
as a married couple to the community in which they live, as set out in the instructions
in SI 00501.152C?
If yes, the individual is a stepparent for SSI purposes. Document your decision as set out
in SI 00501.015E.2. in this section. Go to step 15.
If no, this individual is not a stepparent for SSI purposes. To determine if the individual is a parent for SSI
purposes, based on their role in the child’s life, go to step 11.
|
10
|
Review a birth or baptismal certificate provided by the claimant or otherwise readily
available.
If the available records are sufficient for you to determine that the individual is the child’s parent, document your decision
as set out in SI 00501.015E.1. in this section. Go to step 13.
If such records are unavailable or otherwise fail to establish that the individual is the child’s parent, go to step 6 to consider
if the individual may be a stepparent for SSI purposes.
|
11
|
As appropriate, obtain evidence in the form of documents, reports, or statements indicating
the individual’s role in the child’s life. For more information on determining and
documenting parent-child relationships for SSI purposes based on real-life factors,
see SI 00501.015E (and the examples in SI 00501.015F) in this section.
If you determine that this individual is a parent for SSI purposes, document your decision as set out in SI 00501.015E.3. in this section. Go to step 13.
If you determine that this individual is not a parent for SSI purposes, document your decision, as set out in SI 00501.015E.3. in this section. STOP.
|
12
|
If this is a parent or adoptive parent, go to step 13.
If this is a stepparent, go to step 15.
|
13
|
Is this an ineligible individual who is a member of the same household as their eligible
child and (where applicable) their ineligible child(ren)?
If yes, they are a parent for purposes of deeming of parental income and resources and for
purposes of conferring ineligible child allocation status to their other child(ren)
in the eligible child’s household. STOP.
If no, they are not a parent either:
-
•
for purposes of deeming of parental income and resources to an eligible child, or
-
•
for purposes of conferring ineligible child allocation status to other children in
the eligible child’s household. Go to step 14.
|
14
|
Is this an ineligible individual who is a member of the same household as their eligible
spouse and ineligible child(ren)?
If yes, apply the ineligible child allocation to every such child in the household. STOP.
If no, they are not a parent for purposes of conferring ineligible child allocation status to their child(ren)
in the eligible spouse’s household. STOP.
|
15
|
Is this stepparent a member of the same household as their spouse and their spouse’s eligible child?
If yes, they are a stepparent for purposes of deeming of parental income and resources.
To determine if they are also a stepparent for purposes of conferring ineligible child
allocation status to other children in the eligible child’s household, go to step
16.
If no, they are not a stepparent for purposes of deeming of parental income and resources. To determine
if they are a stepparent for purposes of conferring ineligible child allocation status
to other children in the eligible child’s household, go to step 16.
|
16
|
Is this someone who:
-
•
is the stepparent of an eligible child, and
-
•
may or may not be a member of the same household as that eligible child, but
-
•
is the parent of one or more ineligible children who are themselves members of the
eligible child’s household?
If yes, apply the ineligible child allocation to every such ineligible child in the eligible
child’s household. STOP.
If no, they are not a stepparent for purposes of conferring ineligible child allocation status to other
children in the eligible child’s household. STOP.
|