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

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

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

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