Not affiliated with the US Social Security Administration

When does a parent NOT meet the in-care requirements?

Excerpted from "Social Security Handbook". See the up-to-date, official Social Security Handbook at ssa.gov.

315. When does a parent NOT meet the in-care requirements?

You do not meet the in-care requirements (see §312) (whether based on "parental control and responsibility" (see §313) or "personal services" (see §314)) if:

  1. The child is age 16 or over (unless the child is disabled); or

  2. You and the child are not living together and any of the following conditions are met:

    1. You and your spouse are separated or divorced and you have lost or given up your right to control the child;

    2. You are mentally disabled;

    3. The child was removed from your custody and control by court order;

    4. You have given up the right to custody and control of the child to some other person or agency;

    5. The separation is for a period of more than six months and the child is age 16 or over and physically disabled; or

    6. The child is under the jurisdiction of a court appointed guardian (of the child's person) other than the claimant.

Last Revised: Feb. 4, 2008


Sponsored Links

Recent Content

Four Common Social Security Claiming Mistakes

1. Not knowing your full retirement age (FRA). 'Full benefit' retirement age is rising beyond age 65 to age 67.

2. Not knowing you can file for benefits three months in advance of receiving income

3. Forgetting Social Security benefits can be subject to income tax.

4. Thinking early filers can later receive 'full benefits'. If filing early, your benefits are permanently reduced.

Ads


Sponsored Links

Not affiliated with the US Social Security Administration