When applying for child’s or parent’s benefits or dealing with government pension offsets, it is crucial to understand the concept of dependency.
In this blog post, we will explain what it means to be a dependent child or parent and how dependency is determined based on contributions for support, one-half support, and living with the insured person.
- Contributions for Support
An insured person makes a contribution for your support if they provide cash, goods, or services for your maintenance, such as food, shelter, and routine medical care. Contributions must be made regularly and should cover a significant portion of your ordinary living costs. Temporary interruptions in contributions due to circumstances beyond the insured person’s control will not affect dependency status, as long as no one else takes over the responsibility of supporting you permanently.
- One-Half Support
The insured person provides one-half of your support if they regularly contribute to your ordinary living costs and the amount contributed is equal to or greater than half of those costs. Additionally, any income you have from other sources should not exceed half of your ordinary living costs. A reasonable period for providing at least one-half support is typically the 12-month period preceding the time when the requirement must be met. However, under certain circumstances, a shorter period may be considered reasonable.
- Living with the Insured
You are considered to be living with the insured if you ordinarily live in the same home and the insured exercises or has the right to exercise parental control and authority over your activities. Temporary separations, such as due to military service or imprisonment, will not affect your dependency status as long as you and the insured expect to live together after the separation and the insured still exercises parental control and authority.
- Determining First Month of Entitlement
To determine if the conditions of entitlement are met throughout the first month, the temporary separation or temporary interruption rules will not be used when evaluating dependency under contributions for support, one-half support, or living with the insured.
Example: Maria’s Dependency for Child’s Benefits
Maria is a 15-year-old whose father, John, is an insured person eligible for Social Security benefits. In order to determine if Maria is a dependent child and therefore eligible for child’s benefits, her situation must be examined under the criteria of contributions for support, one-half support, and living with the insured.
- Contributions for Support: John regularly provides money for Maria’s food, clothing, shelter, and routine medical care. He also pays for her school expenses and occasionally repairs her bicycle. John’s financial contributions and the services he provides can be considered contributions for Maria’s support.
- One-Half Support: John’s contributions cover more than half of Maria’s ordinary living costs, such as food, shelter, and medical care. Maria receives a small allowance from her part-time job, but this income is less than half of her ordinary living costs. In this case, John provides one-half support for Maria.
- Living with the Insured: Maria and John live together in the same house, and John exercises parental control and authority over Maria’s activities. They are considered to be living with each other.
Conclusion: Based on the criteria mentioned above, Maria is a dependent child and likely eligible for child’s benefits. However, the Social Security Administration will examine her case in detail to confirm her eligibility and determine the first month of entitlement.
Conclusion: Understanding dependency is essential when applying for social security benefits. By familiarizing yourself with the concepts of contributions for support, one-half support, and living with the insured, you can better navigate the application process and ensure that you receive the benefits you are entitled to.
https://www.ssa.gov/OP_Home/cfr20/404/404-0366.htm
At Hugo Fierro & Michael Perez, we have the necessary expertise to assist you in understanding the intricate details of your Social Security disability claim.