RS 02610: Alien Non-Payment Provisions
TN 15 (05-08)
Application of the alien nonpayment provisions is coded for each beneficiary outside the United States (U.S.). These are called alien exception codes (AEC). Only one coded exception (highest priority) is coded on the Non U.S. Citizen (NUSC) screen even though others may apply. See (SM 03020.210) - Non U.S. Citizen Coding.
An SSA-21, Supplement to Claim of Person Outside the United States, is completed by beneficiaries who are going to be living outside the United States. See (GN 00205.180) - Significance of SSA 21. The SSA-21 contains statements about citizenship and residence that are used in the determination of whether a beneficiary meets an exception to the alien nonpayment provision. See RS 02640.001 Determining Country of Citizenship for Payments Outside the United States. These statements are also used to determine if a dependent or survivor meets the additional 5 year U.S. residence requirements, if they apply. See RS 02610.025 5 Year Residency Requirement for Alien Dependents/Survivors Outside the United States (U.S.)
B. Citizenship and Residence Information for the Alien Nonpayment Provisions
Review section 3 on the SSA-21 which contains the following information:
Country where the beneficiary lives - this shows the residence of the beneficiary.
Country of the beneficiary’s present citizenship – this shows the citizenship of the beneficiary
See RS 02640.001 for determining citizenship and obtaining evidence if it is material to payment,
NOTE: If an individual is a U.S. citizen or national, the alien nonpayment provisions do not apply regardless of any dual citizenship. See (RS 02640.030) - Dual Citizenship
C. 5 Year Residency Requirement for the Dependent/Survivor
Review section 7 on the SSA-21, which contains information on the length of U.S. residence for dependents and survivors. See RS 02610.025 5 Year Residency Requirement for Alien Dependents/Survivors Outside the United States (U.S.)
If a dependent/survivor alleges a 5 year residency in the U.S. and it is material to payment:
Obtain proof of the 5 year residency; and
Prepare a special determination, see (RS 02610.039D) - Establishing the 5 Year Residency Requirement.
D. Inputting the Non U.S. Citizen Coding (NUSC) screen
The NUSC screen is used to collect data from:
Modernized Claims System (MCS);
Post Entitlement Online System (POS);
A-101 or EF-101; and
Madcap Direct Data Entry (MACADE).
NOTE: Depending on the path, you may need to input data. See (MSOM COMMON 005.026) - Non U.S. Citizen Coding (NUSC) for more details.
Non U.S. Citizen Coding (NUSC) (SM 03020.210)
E. Coding To Use When No Exception Is Met
The NUSC screen asks the question, “Is 202 (t) exception met (Y/N).”
When an “N” for No is entered, the exception code of “0” is shown on the Master Beneficiary Record (MBR) on the Non Citz line as 202 (T) – 0.
Do not confuse this entry with the 5 year residency question in RS 02610.011F. If a dependent/survivor meets an alien exception code, this is coded as “Y” for Yes even if the dependent/survivor does not meet the 5 year residency requirement.
C1 is a citizen of Mexico but does not meet the 5 year residency requirement.
“Is 202 (t) exception met (Y/N): “Y” for Yes because C1 is a citizen of Mexico.
“If yes enter the 202 (t) exception (2,3,4,5,6,7,8,9,A,B,C): “6” is entered because Mexico meets the social insurance exception of “6.”
“Is the 5 year U.S. residency/relationship to the Number Holder met (Y/N): “N” for NO because C1 does not meet the 5 year residency requirement.
F. 5 Years Residency Requirement
If the 5 year residency is not met answer “N” for No to “Is the 5 year residency/relationship to the Number Holder met:” (Y/N) on the NUSC screen, see (RS 02610.025A.) - 5 Year Residency Requirements for Alien Dependents/Survivors Outside the United States.
When a “Y” for yes is entered this indicates the dependent/survivor meets the 5 year residency requirement of the alien nonpayment provisions and is shown on the MBR. Code the date the 5 year residency is met.
NOTE: When an “N” for no is entered this field is not shown on the MBR.
Non U.S. Citizen Coding (NUSC) Screen (MSOM COMMON 005.026)
G. Adopted Child
In addition to meeting the 5 year residency requirement, an adopted child must also have been:
Adopted within the U.S. by the person on whose earnings record his entitlement is based, and
Lived with that person in the U.S., and
Received at least one-half his/her support from him for a period beginning before the child attained age 18, See (RS 2610.030H) - 5 Year Residency Requirements for Spouse, Natural Child, Adopted Child, and a Parent.
When a child is adopted outside the U.S., answer “N” for No to “Adopted in the U.S.”
When a “Y” for Yes is entered this enables the dependent/survivor to meet the second tier of the alien nonpayment provisions, see (RS 02610.025) - 5 Year Residency Requirement for Alien Dependents and Survivors Outside the U.S.
NOTE: This information does not show on the Master Beneficiary Record (MBR).
GN 00205.181, Form SSA-21
RS 02610.013, Coding Priority of Alien Nonpayment Provisions