TN 1 (11-01)

A. Policy

Under certain circumstances an SVB beneficiary can be entitled to receive SVB and a prorated SSI benefit for the same month. This can occur if the beneficiary:

• was considered to be a foreign resident on the first day of a month, and therefore, entitled to SVB for that month; and

• gives up his/her foreign residence and becomes a U.S. resident later in that same month; and

• requests resumption of his/her SSI in that month as a U.S. resident, is determined to meet the SSI eligibility requirements (including having been in the United States for 30 days or more) and becomes eligible for a prorated SSI benefit for that month (as explained in SI 02301.225 and SI 02005.007). It is important to note that a person can be present in the United States for more than 30 days while still being considered a foreign resident for SVB during that period.

In these cases, the beneficiary is not both a foreign and a U.S. resident at the same time. Rather, the beneficiary is considered to be a foreign resident for the first part of a month for SVB purposes and a U.S. resident for a subsequent part of the month. As explained in VB 00205.160D, for SVB purposes, a beneficiary only has to be a foreign resident on the first day of the month to be entitled to SVB for that month. There are no prorated SVB payments, as there are for SSI post-eligibility cases.

B. Example

In June 2000, the individual moved to the Philippines and became entitled to SVB effective July 2000. On March 12, 2001, he comes into a U.S. FO and asks to have his SSI resumed.

The FO questions him, and learns that he entered the United States on February 9, 2001 (this is confirmed by his airline ticket) to visit his son after the death of his wife in the Philippines. His son has convinced him this month to stay and live with him. He now wants to have his SSI resumed and has no intention of returning to live in the Philippines.

He is entitled to the SVB payment for March because he was considered a foreign resident on the first day of that month. However, his SVB payments are suspended effective April 2001, the month after the month in which he gave up his foreign residence.

He requests reinstatement of his SSI and the FO subsequently determines that he meets the SSI eligibility requirements (including being present in the United States for 30 days in a row), his SSI benefits can be resumed and he is eligible for a prorated SSI payment for March 2001.

NOTE: If the beneficiary had stated that he decided to stay in the United States in February 2001 shortly after he entered the United States, his SVB payments would have been suspended effective March 2001 (the month after the month in which he abandoned his foreign residence). He would not have been entitled to the SVB payment that he received for March 2001 and he would have been overpaid for that month.