TN 9 (10-93)

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. See GN 00206.095. 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)).