334.When is a child presumed “dependent”?

A child is presumed “dependent” upon the worker if:

  1. The child has not been legally adopted by someone other than the worker during the worker's lifetime; and

  2. The child is one of the following:

    1. The legitimate child of the worker;

    2. 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;

    3. The child of a void or voidable marriage;

    4. The child of an invalid ceremonial marriage;

    5. A deemed child under section 216(h)(3) of the Social Security Act, under certain circumstances (see §324 (E)); or

    6. 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