Establishing Secondary Dependency of Extended Family Members

By Donna K. Herron, Fort Bliss Legal Assistance Office  

There are times when a service member’s dependents may include more than a spouse and children.  These added dependents can increase the SM’s financial responsibilities.  If an SM is responsible for the financial support of other family members, they may be eligible to add them as their secondary dependents.

The income of the individual being considered for dependency, not including the SM’s contribution, must be less than one-half of that individual’s actual living expenses.  The law requires the individual to be “in fact” dependent on the SM.  The SM’s contribution must be more than one-half of the dependent’s actual monthly living expenses.  This means the SM cannot be just providing over 50% of the dependent’s income.  Rather, the SM must be paying for 50% of the dependent’s living expenses each month.

Secondary dependents will receive I.D. cards and are eligible to enroll in Tricare.  The SM will also be eligible for BAH at the with-dependent rate. The SM will need to compile the necessary paperwork to support their claim of dependency.  This includes proof of income as well as proof of household or personal expenses: 

• Income will include ALL income and monetary support received by the dependent from ANY source other than yourself.  This includes alimony, spousal support, grants, scholarships, wages, settlement payments, etc. 
• Personal Expenses include services such as cell phones, tuition payments, car payments, insurance, etc. 
• Household Expenses include ALL expenses related to the home for all persons in the home regardless of who pays for them.  Expenses can include:  Full rent/mortgage or the fair rental value; Tax and Insurance; Food; Utilities; Furniture/Appliance; Repairs; and Other. 
• Please refer to this website for more info on expenses:  https://www.dfas.mil/militarymembers/SecondaryDependency/SDC/SDC_FAQ.html

The paperwork necessary to claim a secondary dependent is based on the type of secondary dependent the SM is trying to claim.  The list for each type can be found at the following website with links to the forms themselves:   https://www.dfas.mil/militarymembers/SecondaryDependency/secondarydependency_Army/claims_packages_Army.html

Once a secondary dependency claim for BAH support has been approved, the SM will be required to submit forms and documents to maintain dependent status and eligibility.  This MUST be done annually to continue receiving BAH payments uninterrupted.  Should a secondary dependents’ status lapse and the SM’s BAH is stopped or reduced, the SM will not be authorized back payment of BAH for the period during which the individual(s) were not officially recognized as in a dependent status.

If a claim is denied, the SM will receive a letter including the reason for denial and the action(s) needed for correction.  Upon completing the correction(s), the SM should resubmit their claim and supporting documentation on a new ticket.  There is no waiting period to submit a new claim.

To speak with an attorney in the Fort Bliss Legal Assistance Office on this or any other topic, please schedule an appointment by emailing usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@army.mil any time, or calling (915) 568-7141 during LAO business hours.