---
kind: "range"
citation: "20 C.F.R. §§ 404.360–404.365"
title: "20"
from: "404.360"
to: "404.365"
count: 6
url: "https://uscodex.org/cfr/20/404.360..404.365"
---

# §404.360. When a child is dependent upon the insured person.


One of the requirements for entitlement to child's benefits is that you be dependent upon the insured. The evidence you need to prove your dependency is determined by how you are related to the insured. To prove your dependency you may be asked to show that at a specific time you lived with the insured, that you received contributions for your support from the insured, or that the insured provided at least one-half of your support. These dependency requirements, and the time at which they must be met, are explained in [§§ 404.361 through 404.365](/cfr/20/404.361..404.365.md). The terms living with, contributions for support, and one-half support are defined in [§ 404.366](/cfr/20/404.366.md).


# §404.361. When a natural child is dependent.

- (a) **Dependency of natural child.** If you are the insured's natural child, as defined in [§ 404.355](/cfr/20/404.355.md), you are considered dependent upon him or her, except as stated in [paragraph (b)](#b) of this section.
- (b) **Dependency of natural child legally adopted by someone other than the insured.**
  - (1) Except as indicated in [paragraph (b)(2)](#b-2) of this section, if you are legally adopted by someone other than the insured (your natural parent) during the insured's lifetime, you are considered dependent upon the insured only if the insured was either living with you or contributing to your support at one of the following times:
    - (i) When you applied;
    - (ii) When the insured died; or
    - (iii) If the insured had a period of disability that lasted until he or she became entitled to disability or old-age benefits or died, at the beginning of the period of disability or at the time he or she became entitled to disability or old-age benefits.
  - (2) **You are considered dependent upon the insured (your natural parent) if—**
    - (i) You were adopted by someone other than the insured after you applied for child's benefits; or
    - (ii) The insured had a period of disability that lasted until he or she became entitled to old-age or disability benefits or died, and you are adopted by someone other than the insured after the beginning of that period of disability.

# §404.362. When a legally adopted child is dependent.

- (a) **General.** If you were legally adopted by the insured before he or she became entitled to old-age or disability benefits, you are considered dependent upon him or her. If you were legally adopted by the insured after he or she became entitled to old-age or disability benefits and you apply for child's benefits during the life of the insured, you must meet the dependency requirements stated in [paragraph (b)](#b) of this section. If you were legally adopted by the insured after he or she became entitled to old-age or disability benefits and you apply for child's benefits after the death of the insured, you are considered dependent upon him or her. If you were adopted after the insured's death by his or her surviving spouse, you may be considered dependent upon the insured only under the conditions described in [paragraph (c)](#c) of this section.
- (b) **Adoption by the insured after he or she became entitled to benefits—**
  - (1) **General.** If you are legally adopted by the insured after he or she became entitled to benefits and you are not the insured's natural child or stepchild, you are considered dependent on the insured during his or her lifetime only if—
    - (i) You had not attained age 18 when adoption proceedings were started, and your adoption was issued by a court of competent jurisdiction within the United States; or
    - (ii) You had attained age 18 before adoption proceedings were started; your adoption was issued by a court of competent jurisdiction within the United States; and you were living with or receiving at least one-half of your support from the insured for the year immediately preceding the month in which your adoption was issued.
  - (2) **Natural child and stepchild.** If you were legally adopted by the insured after he or she became entitled to benefits and you are the insured's natural child or stepchild, you are considered dependent upon the insured.
- (c) **Adoption by the insured's surviving spouse—**
  - (1) **General.** If you are legally adopted by the insured's surviving spouse after the insured's death, you are considered dependent upon the insured as of the date of his or her death if—
    - (i) You were either living with or receiving at least one-half of your support from the insured at the time of his or her death; and,
    - (ii) The insured had started adoption proceedings before he or she died; or if the insured had not started the adoption proceedings before he or she died, his or her surviving spouse began and completed the adoption within 2 years of the insured's death.
  - (2) **Grandchild or stepgrandchild adopted by the insured's surviving spouse.** If you are the grandchild or stepgrandchild of the insured and any time after the death of the insured you are legally adopted by the insured's surviving spouse, you are considered the dependent child of the insured as of the date of his or her death if—
    - (i) Your adoption took place in the United States;
    - (ii) At the time of the insured's death, your natural, adopting or stepparent was not living in the insured's household and making regular contributions toward your support; and
    - (iii) You meet the dependency requirements stated in [§ 404.364](/cfr/20/404.364.md).

# §404.363. When is a stepchild dependent?


If you are the insured's stepchild, as defined in [§ 404.357](/cfr/20/404.357.md), we consider you dependent on him or her if you were receiving at least one-half of your support from him or her at one of these times—

- (a) When you applied;
- (b) When the insured died; or
- (c) If the insured had a period of disability that lasted until his or her death or entitlement to disability or old-age benefits, at the beginning of the period of disability or at the time the insured became entitled to benefits.

# §404.364. When is a grandchild or stepgrandchild dependent?


If you are the insured's grandchild or stepgrandchild, as defined in [§ 404.358(a)](/cfr/20/404.358.md?p=a), you are considered dependent upon the insured if—

- (a) You began living with the insured before you became 18 years old; and
- (b) You were living with the insured in the United States and receiving at least one-half of your support from him or her for the year before he or she became entitled to old-age or disability benefits or died; or if the insured had a period of disability that lasted until he or she became entitled to benefits or died, for the year immediately before the month in which the period of disability began. If you were born during the 1-year period, the insured must have lived with you and provided at least one-half of your support for substantially all of the period that begins on the date of your birth. [Paragraph (c)](#c) of this section explains when the substantially all requirement is met.
- (c) The “substantially all” requirement will be met if, at one of the times described in [paragraph (b)](#b) of this section, the insured was living with you and providing at least one-half of your support, and any period during which he or she was not living with you and providing one-half of your support did not exceed the lesser of 3 months or one-half of the period beginning with the month of your birth.

# §404.365. When an equitably adopted child is dependent.


If you are the insured's equitably adopted child, as defined in [§ 404.359](/cfr/20/404.359.md), you are considered dependent upon him or her if you were either living with or receiving contributions for your support from the insured at the time of his or her death. If your equitable adoption is found to have occurred after the insured became entitled to old-age or disability benefits, your dependency cannot be established during the insured's life. If your equitable adoption is found to have occurred before the insured became entitled to old-age or disability benefits, you are considered dependent upon him or her if you were either living with or receiving contributions for your support from the insured at one of these times—

- (a) When you applied; or
- (b) If the insured had a period of disability that lasted until he or she became entitled to old-age or disability benefits, at the beginning of the period of disability or at the time the insured became entitled to benefits.