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When is a child presumed "dependent"?
A child is presumed "dependent" upon the worker if:
The child has not been legally adopted by someone other than the worker during the worker's lifetime; and
The child is one of the following:
The legitimate child of the worker;
A child born out of wedlock who would have the right under applicable State law to inherit intestate property from the worker as a child;
The child of a void or voidable marriage;
The child of an invalid ceremonial marriage;
A deemed child under section 216(h)(3) of the Social Security Act, under certain circumstances (see §324 (E)); or
The legally adopted child of the worker adopted before the worker's entitlement to benefits.
Note: A natural or legally adopted child who was legally adopted by someone other than the worker during the worker's lifetime must have been living with or receiving contributions from the worker at the applicable time.
Last Revised: Feb. 6, 2003
- What is the definition of "child" for Social Security purposes?
- Who is a "child" for Social Security purposes?
- Inheritance Rights of 'Equitably Adopted' Children
- Legally Adopted Children
- When A Child Must Be Dependent Upon Insured Parent
- When can a dependent grandchild or step-grandchild be considered the grandparent's "child"?
- Can a child NOT meeting the State law test in section 326 or 327 be considered the child of the worker?
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