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RS 00204: Lawful Presence Payment Provisions

Effective Dates: 03/11/2013 - Present

BASIC (11-96)

A. Definition - throughout the month

Throughout the month means the alien must be lawfully present in the U.S. for the entire calendar month to permit payment of T2 benefits in the U.S. under the alien provisions of this law.

EXAMPLE: If an alien's lawfully present status expires 01/19/97, benefits would be suspended 01/97.

B. Procedure - PSC PE - updating lawful alien status

When a 2560 is received from the FO via the MDW with an issue of LAWFUL, take the following actions:

  • If lawful alien status which will expire continues:

    Cancel current diary and rediary or NAN as indicated by the FO and add a special message field to the MBR using the CIP-M screen with the beginning and ending dates of lawful alien status.

  • If status is changing from a lawful alien status which will expire to a lawful alien whose status does not need reverification:

    Cancel current diary and change listing code to 417 “ALIEN - DO NOT REVERIFY STATUS.” No diary is required.

  • If status is changing from a lawful alien status which will expire to a naturalized citizen:

    Cancel current diary. No future diary required.

  • If benefits are in suspense and should be reinstated to a lawful alien whose status will expire:

    Reinstate benefits for all months indicated by the FO, rediary for MMYY, and change listing code to 418 “ALIEN - REVERIFY STATUS.” Add a special message field to the MBR using the CIP-M screen with the beginning and ending dates of lawful alien status, send reinstatement notice and include paragraphs R02, S24 and J15.

  • If benefits are in suspense and should be reinstated to a lawful alien whose status does not need reverification:

    Reinstate benefits for all months listed by the FO. No future diary required. Change listing code to 417 “ALIEN - DO NOT REVERIFY STATUS,” send reinstatement notice and include paragraph R02.

C. Procedure - PSC PE - maturing alien provision diary

Check the MDW to determine if lawful presence development is in transit from the FO. If not:

  • Suspend benefits for the designated beneficiary for the month lawful alien status expires (see RS 00204.055A for definition of Throughout The Month) using LAF S9 with an RFST of NOTLAW.

  • In the suspension notice, include MADCAP paragraphs S26 and J15.

  • Establish a listing code of 419 using the PCACS LIST screen (if your module is under PCACS) plus the remark “ALIEN - NOT LAWFULLY PRESENT - BENEFITS SUSPENDED,” or prepare an SSA-5015-U2 with 419 listing code plus the remark “ALIEN - NOT LAWFULLY PRESENT - BENEFITS SUSPENDED.”

  • Add a special message to the MBR using the CIP-M screen with the legend “BENEFITS FOR BIC “SUSPENDED EFF MM/YY UNDER ALIEN PROVISIONS OF P.L. 104-193.”

D. Procedure - PSC PE - foreign to domestic address change

1. Date of Filing (DOF) is 9/96 or later

If the change of address is received directly from the beneficiary and the date of filing (DOF) is 9/96 or later:

  • if the most recent ACOC on the AL TAX line on the MBR is '001' (i.e., U.S. citizen), process the address change following current procedure. No diary, listing, special message or special language is needed.

  • if the most recent ACOC on the AL TAX line on the MBR is other than '001,' change the address and refer to the FO via the MDW to develop lawful presence issue.

2. Lawful alien status does not need reverification

If the information provided by the FO indicates the beneficiary is a lawful alien whose status does not need reverification:

  • Prepare an SSA-5015-U2 with listing code 417 plus the remark “ALIEN - DO NOT REVERIFY STATUS.”

  • Change the address, if not already changed by the FO.

3. Lawful alien status needs reverification

If the information provided by the FO indicates the beneficiary is a lawful alien whose status needs reverification:

  • Prepare an SSA-5015-U2 with listing code 418 and the remark “ALIEN - REVERIFY STATUS.”

  • Change the address, if not already changed by the FO.

4. Beneficiary has not established lawful presence

If the information provided by the FO indicates the beneficiary has not established lawful presence:

  • Process via MACADE to suspend benefits S9 effective with the MMYY provided by the FO and change the address, if not already changed by the FO,

  • Code RFST of NOTLAW,

  • Include MADCAP paragraph S26 and J15 in the suspension notice,

  • Prepare SSA-5015-U2 with listing code 419 and remark “ALIEN - NOT LAWFULLY PRESENT AND BENEFITS ARE SUSPENDED,”

  • Add special message to the MBR using the CIP-M screen with the legend BENEFITS FOR BIC “SUSPENDED EFF MM/YY UNDER ALIEN PROVISIONS OF P.L. 104-193.”

5. Beneficiary has not presented evidence

If the information provided by the FO indicates the beneficiary has not presented evidence (failed to cooperate):

  • Process via MACADE to suspend benefits S9 effective with the MMYY provided by the FO and to change address, if not already changed by the FO,

  • Code RFST of NOTLAW,

  • Include MADCAP paragraphs S26 and J15 in the suspension notice,

  • Prepare SSA-5015-U2 with listing code 420 and remark “ALIEN FTC - LAWFUL PRESENCE UNKNOWN - BENEFITS SUSPENDED,”

  • Add special message to the MBR using the CIP-M screen with the legend “BENEFITS FOR “(BIC)” SUSPENDED FOR FTC - LAWFUL ALIEN STATUS UNKNOWN.”

E. Policy - PE - domestic to foreign address change

An alien who becomes entitled to benefits based on an application filed on or after September 1, 1996, must be lawfully present in the U.S. within the meaning of P.L. 104-193 for an entire month in order to receive benefits for that month. An alien whose benefits are suspended because he/she does not meet the lawful presence requirement for payment in the U.S. may nevertheless receive benefits effective with the first full month he/she is outside the U.S. and continuing, subject to the alien non-payment provisions (section 202(t)).

F. Procedure - PSC PE - domestic to foreign address change

  • If the beneficiary is in current pay for the month before the month he/she left the U.S., process the change of address as currently instructed. If necessary, transfer the file to OIO.

  • If the beneficiary is in LAF S9 with an RFST other than NOTLAW or in any other LAF status, process the change of address as currently instructed. If necessary, transfer the file to OIO.

  • If the beneficiary is in LAF S9 with an RFST of NOTLAW, process the change of address and leave the beneficiary in S9. If necessary, transfer the file to OIO.

G. Procedure - PSC PE - domestic to domestic address change

  • If the beneficiary is in other than LAF S9 with an RFST of NOTLAW, process the change of address as currently instructed.

  • If the beneficiary is in LAF S9 with an RFST of NOTLAW and evidence has not been received to change the beneficiary to a lawfully present status, process the change of address and leave in LAF S9.

  • If the beneficiary is in LAF S9 with an RFST of NOTLAW and evidence has been received verifying lawfully present status, follow instructions in RS 00204.055B.

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RS 00203: Child's Benefits
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RS 002: Benefits and Payments
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RS 00205: Student Benefits
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