TN 32 (06-12)

Citations: Social Security Act, Sections 228, 1614, 1818, and 1836; 20 CFR 416.1603; 8 USC Sec. 1101 (Immigration and Nationality Act, Sec. 101(a)(33)(36) and 101(a)(38))

A. Policy for U.S. residency

An individual must be a U.S. resident to be eligible for the following benefits.

• Hospital Insurance (HI) and Supplementary Medical Insurance (SMI) for uninsured individuals. For more information on eligibility under the HI/SMI program for uninsured individuals, see GN 00303.800.

• Supplemental Security Income (SSI). Exceptions to the U.S. residency requirement for SSI eligibility include blind or disabled children of military parents stationed abroad and certain students who are temporarily abroad. For more information on SSI for blind or disabled children of military personnel stationed overseas, see SI 00501.415. For more information on SSI eligibility for students temporarily abroad, see SI 00501.411.

B. Definitions for U.S. residency

1. Residence

A residence is an individual's principal actual dwelling place.

2. Resident

A resident is any person who occupies a dwelling within a particular locality and has the intent to remain within that locality for a period of time. The individual's residence is something other than merely transitory in nature.

3. Residency

Residency is establishing a residence of a continuing and lasting nature, as distinguished from temporary.

4. U.S. for title XVI purposes

The U.S. for title XVI residency purposes includes the 50 States, District of Columbia, and Northern Mariana Islands.

5. U.S. for uninsured HI/SMI purposes

The U.S., under the HI/SMI program for uninsured persons, is the 50 States, District of Columbia, Commonwealth of Puerto Rico, Northern Mariana Islands, Virgin Islands of the U.S., Guam, and American Samoa (including Swain’s Island).

C. References

• GN 00303.740 Establishing U.S. Residency

• GN 05010.001 Nonresident Alien Withholding Tax Provision

• SI 00501.410 Ineligibility Due to Absence from the U.S./Developing Presence