Citations:

Social Security Act, Section 202(t)

TN 15 (05-08)

Citations:

Social Security Act, Section 202(t)

SSR 83-8

SSR 89-12

P.L. 90-248, Section 162(C) (3)

20 CFR 404.460 Through 20 CFR 404.463

A. Definition of the Alien Nonpayment Provision – Section 202(t) of the Social Security Act

The Alien Nonpayment Provision refers to aliens who are outside the United States. An alien is defined as a person who is a citizen of a foreign country. Outside the United States means outside the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands or American Samoa.

Section 202 (t) of the Social Security Act, states that an alien residing outside the United States (U.S) for six full consecutive calendar months cannot be paid benefits beginning with the seventh month of his /her absence. Once the 6-month period of absence is completed and payments have been suspended, the benefits may not be resumed until the alien has been back in the U.S. for one full calendar month, See (RS 02610.041) –Lawful Presence and the Alien Nonpayment Provisions and (RS 00204.010) - Lawful Presence Payment Provisions (for application filed on or after December 1, 1996.)

Benefits cannot be made to aliens residing in certain countries notwithstanding the rules noted above. See (RS 02650.001) - Treasury Department Restrictions.

B. Beneficiaries Affected by Alien Nonpayment Provisions

Alien nonpayment can apply to:

• The Number Holder (NH);

• Dependents; and

• Survivors.

C. Beneficiaries Not Affected by the Alien Nonpayment Provision

Alien nonpayment does not apply to:

• U.S. and Naturalized Citizens;

• U.S. Nationals, (RM 10210.500B.2) - General Information on Evidence of U.S. Citizenship for a Social Security Number (SSN) Card;

• NHs who meet an alien nonpayment exception; or

• Dependents and survivors who meet an alien nonpayment exception and were first eligible before January 1985;

• • Dependents and survivors first eligible January 1985 and later must meet both an alien nonpayment exception and the five year residence requirement unless they meet certain conditions. See RS 02610.025B.

D. References

GN 00303.300, Establishing U.S. Citizenship for All SSA Programs

RS 02610.010, Exceptions to the Alien Nonpayment Provisions

RS 02610.025, 5 Year Residency Requirement for Alien Dependents/Survivors Outside the U.S.

RS 02610.039, Establishing the 5 Year Residency Requirement

RS 02650.001, Treasury Department Restrictions