BASIC (04-00)

A. Introduction

PL 106-169 provides that certain events, as explained in VB 00205.200B., prevent an individual from qualifying for SVB payments. Whether these events result in the denial of the SVB claim or in the suspension of payments depends on the point at which they occur.

B. Policy

An individual cannot be a qualified individual for any month:

• that begins AFTER the month in which SSA is notified by the Attorney General that the individual has been removed from the United States pursuant to section 237(a) or 212(a)(6)(A) of the Immigration and Nationality Act and BEFORE the month in which the individual is subsequently lawfully admitted to the United States for permanent residence; or

• during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the United States or the jurisdiction in the United States from which he/she has fled, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the veteran has fled, or in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed; or

• during any part of which the individual violates a condition of probation or parole imposed under Federal or State law; or

• during which the individual is not a citizen or national of the United State and resides in a country to which payments to residents of that country are withheld by the Treasury Department under section 3329 of title 31, United States Code.