A service member with a qualifying dependent has important implications for Basic Allowance for Housing, travel allowances, access to TRICARE, Uniformed Services Identification and Privilege card benefits, and many other issues.
There are two types of military dependents: primary dependents and secondary dependents.
A lawful spouse and unmarried children under the age of 21 are considered primary dependents. They automatically qualify as dependents once a relationship is proven through a marriage certificate, birth certificate or custody order.
Other family members for whom the service member provides support may qualify as secondary dependents if it can be determined that the individual is dependent upon the service member.
Under federal law, there are four potential secondary dependents:
- Biological parents, parents-in-law, stepparents, parents-by-adoption or an individual who stood “in loco parentis” to the service member for a continuous period of at least five years before the service member turned 21.
- A child older than 21 who is enrolled full time at an accredited college or university may qualify until age 23 or graduation, whichever occurs first.
- An incapacitated child older than 21.
- An unmarried individual who has not yet turned 21 (or 23 if enrolled as a full-time student), who has been placed in legal and physical custody of the service member for a period of at least 12 consecutive months as a ward of the court.
To qualify as a secondary dependent, the individual’s income must be less than one-half of their actual monthly living expenses, and the service member’s contribution to the individual must be more than one-half of the actual monthly living expenses.
This is a strict financial test. Supporting documentation is required to substantiate the individual’s income and the service member’s contributions.
In addition, the individual and service member must both sign a Dependency Statement to further establish the relationship. Ultimately, the Defense Finance and Accounting Service, or DFAS, will determine whether the individual qualifies as a secondary dependent and if the service member may apply for dependent benefits.
If DFAS determines that an individual qualifies as a service member’s secondary dependent, the service member may register and enroll the individual in the Defense Enrollment Eligibility Reporting System, or DEERS, and then apply for dependent-rate BAH, sponsor the individual for an identification card, and seek other benefits.
Once enrolled in DEERS, college students under age 23, incapacitated adult children, and a ward of the court may register for access to standard Tricare benefits.
Dependent parents and parents-in-law, however, are restricted and may only register for the TRICARE Plus program, which only provides direct care at a military treatment facility and pharmacy.
The process of applying for and qualifying as a secondary dependent can be difficult. DFAS provides an updated website and comprehensive guide that will answer many questions at: dfas.mil/militarymembers/payentitlements/secondarydependency.html.
For more information or to schedule an appointment, call the Fort Meade Legal Assistance Office at 301-677-9504.
This Fort Meade Live blog was written by Capt. Christopher Cusmano, Fort Meade Legal Assistance attorney.
