(2)
Grandparent or older individual who is a relative caregiver
The term “grandparent or older individual who is a relative caregiver” means a grandparent or stepgrandparent of a child, or a relative of a child by blood, marriage, or adoption, who is 55 years of age or older and—
(A)
lives with the child;
(B)
is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the child; and
(C)
has a legal relationship to the child, as such legal custody or guardianship, or is raising the child informally.