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You do not meet the in-care requirements (see §312) (whether based on "parental control and responsibility" (see §313) or "personal services" (see §314)) if:
The child is age 16 or over (unless the child is disabled); or
You and the child are not living together and any of the following conditions are met:
You and your spouse are separated or divorced and you have lost or given up your right to control the child;
You are mentally disabled;
The child was removed from your custody and control by court order;
You have given up the right to custody and control of the child to some other person or agency;
The separation is for a period of more than six months and the child is age 16 or over and physically disabled; or
The child is under the jurisdiction of a court appointed guardian (of the child's person) other than the claimant.
Last Revised: Feb. 4, 2008
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Last reviewed or modified Monday Feb 04, 2008 |