QUESTION
               You asked whether parents could waive Social Security Survivor's Benefits for an adopted
                  child in light of the child's eligibility for higher state adoption assistance benefits
                  in Tennessee.
               
               ANSWER
               No. Social Security Administration policy only allows waiver of Title II benefits
                  when waiver secures some benefit to the child. In this case, the child could receive
                  both SSA benefits and adoption assistance for the same period, but the amounts would
                  be offset so that the total amount of benefit paid to the adoptive parent payees for
                  the child remains the same. Thus, waiver confers no benefit on the child.
               
               BACKGROUND
               According to information made available to us, the child became entitled to and received
                  Social Security Survivor's benefits upon the death of his natural parent. He was thereafter
                  adopted by Russell and Debbie D~. The parents have secured state Adoption Assistance
                  (AA) benefits for the child and applied for a waiver of the SSA benefits. SSA has
                  not made any payments to them. They believe the AA benefits will be reduced if they
                  also receive SSA benefits. The parents expressed orally to Reba M~, SSA Operations
                  Supervisor, their understanding that there would be no change in total benefits received,
                  but that it would be simpler for them to deal with a single program.
               
               DISCUSSION
               Section 473 of the Social Security Act (Act), enables states to furnish financial
                  adoption assistance to individuals who adopt children with special needs. See Act § 473, 42 U.S.C. § 673. A child may qualify as a special needs child under a
                  variety of situations, such as Supplemental Security Income eligibility, various foster
                  care situations, and criteria developed by the participating states.  See Act § 473(a)(2)(A). Tennessee participates in the AA program. The Tennessee Department
                  of Children Services (DCS) has the power to administer the program and establish rules
                  and regulations for the program. See TENN. CODE ANN. § 37-5-106(12), (13) (2007). Any recipient of AA "shall be deemed
                  to have assigned to the state any rights to support from any other person . . . ."
                  TENN. CODE ANN. § 71-3-124 (a)(1) (2007). The State of Tennessee may recoup AA benefits
                  equal to the amount of Title II benefits paid to a child who concurrently receives
                  AA benefits. See Dick v. Comm'r of Tenn. Dep't of Children's
                     Servs., No. M2003-01073-COA-R3-CV, 2004 WL 2363654, at *4 (Tenn. Ct. App. Oct. 20, 2004).
               
               A representative payee may request waiver of benefits, and the waiver will be "honored
                  if found to be in the beneficiary's best interests." Program Operations Manual System
                  (POMS) GN 00504.260(A)(1). The request must be in writing and should be approved if the payee (1) "fully
                  understands the consequences of the request," and (2) "convincingly explains how the
                  request, if approved, will secure some advantage to or further the interests of the
                  beneficiary." POMS GN 00504.260(A)(2).
               
               In this case, the parents' application contains no explanation whatsoever as to how
                  the waiver would secure some advantage to or further the interest of the child and
                  on that basis alone the application should be denied. The adoptive parents expressed
                  orally that they understood there would be no change in total benefits received, but
                  that it would be simpler for them to deal with a single program. This is not a benefit
                  to the child. Furthermore, it is not clear that an assignment of rights to DCS would
                  be unduly burdensome.
               
               Mary A S~
 Acting Regional Chief Counsel
               
               By:__________________________
Rollin M~
 Assistant Regional Counsel