TN 16 (01-19)

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)).

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RS 00208.105 - Avoidance of Entitlement - Mothers/Fathers - 01/25/2019
Batch run: 01/25/2019