---
kind: "section"
citation: "5 C.F.R. § 894.307"
title: "5"
number: "894.307"
heading: "Are disabled children age 22 or over eligible as family members?"
url: "https://uscodex.org/cfr/5/894.307"
---

# §894.307. Are disabled children age 22 or over eligible as family members?

- (a) Except as provided at [paragraph (b)](#b) of this section, a child age 22 or over is an eligible family member if the child is incapable of self-support because of a physical or mental disability that existed before the child reached age 22.
- (b) A TEI child is a TEI family member as long as the TEI child is under the age of 21 or 23 as provided at 10 U.S.C. [1072(2)(D)](/usc/10/1072.md?p=2-D) or [(I)](/usc/10/1072.md?p=2-I), and, if disabled during the age of eligibility, the TEI child remains a TEI family member regardless of age as long as the TEI child meets the standard for incapacity and support at [10 U.S.C. 1072(2)(D)(iii)](/usc/10/1072.md?p=2-D-iii) or incapacity and dependency at 10 U.S.C. [1072(2)(I)(ii)(III)](/usc/10/1072.md?p=2-I-ii-III), [(iii)](/usc/10/1072.md?p=2-I-ii-iii), [(iv)](/usc/10/1072.md?p=2-I-ii-iv) and [(v)](/usc/10/1072.md?p=2-I-ii-v).

## Notes

### Amendments

[83 FR 58178, Nov. 19, 2018]

### Authority

Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; Subpart C also issued under section 1 of Pub. L. 110-279, 122 Stat. 2604 (2 U.S.C. 2051); and Sec. 894.601(b) also issued under Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8956 note).

### Source

Source: 73 FR 50184, Aug. 26, 2008, unless otherwise noted.

### Amendments

[83 FR 58178, Nov. 19, 2018]