Description |
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A person must be considered a dependent for the purposes of determining eligibility for Family Separation Allowance when the person is any one of the following relative to the member:
- A spouse
- An unmarried child of the member who is in the legal custody of the member (legal custody includes a circumstance in which the member has been awarded joint physical and legal custody of a dependent child(ren) as a result of a court ordered custody agreement or finalized divorce decree, which provides that the child(ren) physically reside with the member on an equal basis (no less than fourteen days during a month) as compared to the time the child(ren) reside(s) with the spouse, and the member's actual physical custody of the child(ren) is precluded due to an enforced family separation) when at least one of the following is true:
- The child is under twenty-one years of age.
- The child is incapable of self-support because of mental or physical incapacity and is in fact dependent on the member for more than one-half of the child's support.
- The child is under twenty-three years of age, is enrolled in a full-time course of study in an institution of higher education approved by the Secretary concerned for purposes of this subparagraph, and is in fact dependent on the member for more than one-half of the child's support.
- A parent of the member if each of the following is true:
- The parent is in fact dependent on the member for more than one-half of the parent's support.
- The parent has been so dependent for a period prescribed by the Secretary concerned or became so dependent due to a change of circumstances arising after the member entered on Active Duty or Full-time National Guard Duty.
- The dependency of the parent on the member is determined on the basis of an affidavit submitted by the parent and any other evidence required under regulations prescribed by the Secretary concerned.
- An unmarried person who has not attained the age of twenty-one and each of the following is true:
- The person is placed in the legal custody of the member as a result of an order of a court of competent jurisdiction in the United States (or Puerto Rico or a possession of the United States) for a period of at least twelve consecutive months.
- The person is dependent on the member for over one-half of the person's support.
- The person resides with the member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe.
- The person is not a dependent of another member.
- An unmarried person who has not attained the age of twenty-three, is enrolled in a full time course of study at an institution of higher learning approved by the Secretary concerned, and each of the following is true:
- The person is placed in the legal custody of the member as a result of an order of a court of competent jurisdiction in the United States (or Puerto Rico or a possession of the United States) for a period of at least twelve consecutive months.
- The person is dependent on the member for over one-half of the person's support.
- The person resides with the member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe.
- The person is not a dependent of another member.
- An unmarried person who is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a dependent of the member or former member prior to the person attaining the age of twenty-one or prior to the person attaining the age of twenty-three, if the person was enrolled in a full time course of study at an institution of higher learning approved by the Secretary concerned and each of the following is true:
- The person is dependent on the member for over one-half of the person's support.
- The person resides with the member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe.
- The person is not a dependent of another member. |
Comments |
Business Rule Extra Properties |
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Business Rule Number: | 1001598 |
APG Compliant? | |
Business Rule Category: | Action Assertion |
Business Rule Level: | Operational |
Business Rule Source Type: | Compliance Requirement |
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CBM Stakeholder(s) (1) |
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BPM Process(es) (1) |
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Determine Member's Eligibility for Allowances |
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