(a) Living in the same household means that the employee and spouse customarily live together as a married couple in the same residence.
(b) The employee and spouse are also considered members of the same household when they live apart but expect to resume or continue living together after a temporary separation.
(c) If the employee and spouse were separated solely for medical reasons, the Board will consider them ``living in the same household'' even if the separation was likely to be permanent. Sec. 222.17 ``Child in care'' when child of the employee is living with the claimant.
``Child in care'' means a child who has been living with the claimant for at least 30 consecutive days unless--
(a) The child is in active military service;
(b) The child is 18 years old (16 with respect to male spouse, divorced spouse, surviving divorced spouse, or remarried widow(er) annuities) or older and is not disabled;
(c) The child is 18 years old (16 with respect to male spouse, divorced spouse, surviving divorced spouse, or remarried widow(er) annuities) or older with a mental disability and the claimant does not exercise parental control and responsibility; or
(d) The child is 18 years old (16 with respect to male spouse, divorced spouse, surviving divorced spouse, or remarried widow(er) annuities) or older with a physical disability, but it is not necessary for the claimant to perform personal services for the child.
(e) Parental control and responsibility for the care and welfare of the child means that the parent supervises the child's activities and makes important decisions about the child's needs either alone or with another person. Personal services are services such as dressing, feeding and managing money which the child cannot do alone because of a disability. Sec. 222.18 ``Child in care'' when child of the employee is not living with the claimant.
(a) When child is in care. A child living apart from a claimant is in that claimant's care if--
(1) The child lives apart or is expected to live apart from the claimant for not more than six months; or
(2) The child is under 18 years old (16 with respect to male spouse, divorced spouse, surviving divorced spouse, or remarried widow(er) annuities), the claimant supervises the child's activities and makes important decisions about his or her needs, and one of the following circumstances applies:
(i) The child is living apart because of attendance at school but generally spends a vacation of at least 30 consecutive days with the claimant each year, and, if the claimant and the child's other parent are separated, the school must look to the claimant for decisions about the child's welfare.
(ii) The child is living apart because of the claimant's employment but the claimant makes regular and substantial contributions to the child's support. ``Contributing to support'' is defined in Sec. 222.42.
(iii) The child is living apart because of the child's or the claimant's physical disability; or
(3) The child is 18 years old (16 with respect to male spouse, divorced spouse, surviving divorced spouse, or remarried widow(er) annuities) or older and is mentally disabled and the claimant supervises the child's activities, makes important decisions about the child's needs, and helps in the child's upbringing and development.
(b) When child is not in care. A child living apart from a claimant is not in the claimant's care if--
(1) The child is in active military service; or
(2) The child is living with his or her other parent; or
(3) A court order removed the child from the claimant's custody and control; or
(4) The claimant gave the right to custody and control of the child to someone else; or
(5) The claimant is mentally disabled. Subpart C_Relationship as Divorced Spouse, Surviving Divorced Spouse, or
Remarried Widow(er)