Code of Federal Regulations Title 32. National Defense § 32.161.10 Benefits for active duty members of the uniformed services

Member (Self)

No

Yes

Yes

Yes

Yes.

Spouse

Yes

Yes

Yes

Yes

Yes.

Children, Unmarried, Under 21 Years:

Legitimate, adopted, stepchild, illegitimate child of record of female member, or illegitimate child of male member whose paternity has been judicially determined or voluntarily acknowledged

Yes

Yes

1

1

1.

Ward

3

3

3

3

3.

Pre-adoptive Child

4

4

4

4

4.

Foster Child

No

No

1

1

1

Children, Unmarried, 21 Years and Over

5

5

6

6

6.

Parent, Parent-in-Law, Stepparent, or Parent by Adoption

No

2

2

2

2.

    Notes:

    1. Yes, if dependent on an authorized sponsor for over 50 percent of the child's support.

    2. Yes, if dependent on an authorized sponsor for over 50 percent of the parent's support and residing in the sponsor's household.

    3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and:

    a. Is dependent on the member for over 50 percent support.

    b. Resides with the member unless separated by the necessity of uniformed service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary or Director may, by regulation, prescribe.

    4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another organization authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member.

    5. Yes, if the child:

    a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is dependent on the member for over 50 percent of the child's support; or

    b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member and is dependent on the member for over 50 percent of the child's support.

    6. Yes, if the child:

    a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is dependent on the member for over 50 percent of the child's support; or

    b. Is incapable of self-support because of a mental or physical incapacity and is dependent on the member for over 50 percent of the child's support.