Identification Number:
RS 00208 TN 16
Intended Audience:See Transmittal Sheet
Originating Office:ORDP OISP
Title:Mothers and Fathers Benefits
Type:POMS Transmittals
Program:Disability
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part RS – Retirement and Survivors Insurance
Chapter 002 – Benefits and Payments
Subchapter 08 – Mother's and Father's Benefits
Transmittal No. 16, 01/25/2019

Audience

PSC: BA, CA, CCRE, CS, DS, ICDS, IES, ILPDS, IPDS, ISRA, PETE, RECONR, SCPS, TSA, TST;
OCO-OEIO: BET, BTE, CC, CR, CTE, FCR, FSR, PETL, RECONR;
OCO-ODO: BTE, CR, CST, CTE, CTE TE, PETE, PETL;
FO/TSC: CS, CS TII, CSR, CTE, DRT, DT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

OISP

Effective Date

Upon Receipt

Background

We removed the reference to GN 00206.095 because that section has been archived.

Summary of Changes

RS 00208.105 Avoidance of Entitlement - Mothers/Fathers

RS 00208.105.D We removed the reference to GN 00206.095 because that section has been archived.

RS 00208.105 Avoidance of Entitlement - Mothers/Fathers

A. Policy

It may be to the surviving spouse's advantage to avoid entitlement to permit an only child to receive a sole survivors's minimum.

B. Example

The widow(er)'s benefit would be offset due to the receipt of a government pension.

C. Procedure - PC

If it appears advantageous for the widow(er), previously entitled as a spouse, to avoid entitlement as a mother/father:

  • do not automatically convert the spouse's benefits

  • ask FO to explain the possibility to the widow(er); and

  • develop child-in-care, representative payee, etc.

D. Procedure - FO

Ordinarily, the mother/father should not be encouraged to avoid entitlement unless there is a clear advantage. The FO will:

  • Explain all the possibilities.

  • Request a statement that the claimant does not want to become entitled.

NOTE: If these benefits were awarded before the statement was filed, the withdrawal after adjudication conditions apply. If, after avoiding entitlement, the mother/father later wishes to become entitled, benefits may be paid only upon the filing of an application (see GN 00205.150 for determination requirements regarding future disabled widow's benefits (DWB)).


RS 00208 TN 16 - Mothers and Fathers Benefits - 1/25/2019