Dependent
Date of Publication:
3/7/2014
Definition:
As defined in Sections 1072 and 1078b of Title 10, United States Code.
a member or former member of a uniformed service, means-
(A) the spouse;
(B) the unremarried widow;
(C) the unremarried widower;
(D) a child who-
(i) has not attained the age of 21;
(ii) 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, or was at the time of the member's or former
member's death, in fact dependent on the member or former member for over
one-half of the child's support; or
(iii) is incapable of self-support because of a
mental or physical incapacity that occurs while a dependent of a member or
former member under clause (i) or (ii) and is, or was at the time of the
member's or former member's death, in fact dependent on the member or former
member for over one-half of the child's support;
(E) a parent or parent-in-law who is, or was at the
time of the member's or former member's death, in fact dependent on him for over
one-half of his support and residing in his household;
(F) the unremarried former spouse of a member or
former member who (i) on the date of the final decree of divorce, dissolution,
or annulment, had been married to the member or former member for a period of at
least 20 years during which period the member or former member performed at
least 20 years of service which is creditable in determining that member's or
former member's eligibility for retired or retainer pay, or equivalent pay, and
(ii) does not have medical coverage under an employer-sponsored health
plan;
(G) a person who (i) is the unremarried former
spouse of a member or former member who performed at least 20 years of service
which is creditable in determining the member or former member's eligibility for
retired or retainer pay, or equivalent pay, and on the date of the final decree
of divorce, dissolution, or annulment before April 1, 1985, had been married to
the member or former member for a period of at least 20 years, at least 15 of
which, but less than 20 of which, were during the period the member or former
member performed service creditable in determining the member or former member's
eligibility for retired or retainer pay, and (ii) does not have medical coverage
under an employer-sponsored health plan;
(H) a person who would qualify as a dependent under
clause (G) but for the fact that the date of the final decree of divorce,
dissolution, or annulment of the person is on or after April 1, 1985, except
that the term does not include the person after the end of the one-year period
beginning on the date of that final decree; and
(I) an unmarried person who-
(i) is placed in the legal custody of the member or
former member as a result of an order 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;
(ii) either-
(I) has not attained the age of 21;
(II) has not attained the age of 23 and is enrolled
in a full time course of study at an institution of higher learning approved by
the administering Secretary; or
(III) 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 under this subparagraph pursuant to
subclause (I) or (II);
(iii) is dependent on the member or former member
for over one-half of the person's support;
(iv) resides with the member or former 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 administering Secretary may by regulation prescribe; and
(v) is not a dependent of a member or a former
member under any other subparagraph.
Source of Definition:
Provision of Food and Beverages to Certain Uniformed Service Members, Former Members, and Dependents Not Receiving Inpatient Care in Medical Treatment Facilities (MTFs)