Definition of the Alien Nonpayment  • Dependents and survivors first eligible

Provision – Section 202(t) of the January 1985 and later must meet both
Social Security Act
an alien nonpayment exception and the
five year residence requirement unless
The Alien Nonpayment Provision refers to
they meet certain conditions. See RS
aliens who are outside the United States. An
02610.025B.
alien is defined as a person who is a citizen of a
foreign country. Outside the United States RS 02610.010 Exceptions to Alien
means outside the 50 states, the District of Nonpayment
Columbia, Puerto Rico, the U.S. Virgin Islands,
A. Alien exceptions
Guam, the Northern Mariana Islands or
American Samoa.
Monthly benefits can be paid when an alien
Section 202 (t) of the Social Security Act, states (i.e., Number Holder (NH), dependent, or
that an alien residing outside the United States survivor) is absent from the United States (U.S.)
(U.S) for six full consecutive calendar months if any one of the following nine exceptions is
cannot be paid benefits beginning with the met. Dependents/survivors entitled on the NH’s
seventh month of his /her absence. Once the 6- record, who were first eligible for benefits after
month period of absence is completed and December 1984, must meet the 5–year
payments have been suspended, the benefits residency requirement for certain exceptions.
may not be resumed until the alien has been See RS 02610.025 5–Year Residency
back in the U.S. for one full calendar month, Requirement for Alien Dependents and
See (RS 02610.041) –Lawful Presence and the Survivors Outside the U.S.:
Alien Nonpayment Provisions and (RS
 December 1956 Eligibility;
00204.010) - Lawful Presence Payment
Provisions (for application filed on or after  U.S. Resident For 10 Years;
December 1, 1996.)  40 Quarters of Coverage (QC’s);
Benefits cannot be made to aliens residing in  Treaty Obligation;
certain countries notwithstanding the rules  Social Insurance Exception;
noted above. See (RS 02650.001) - Treasury  Railroad Service;
Department Restrictions.  Deceased Veteran;
 Absence Due To Service in U.S. Armed
B. Beneficiaries Affected by Alien
Nonpayment Provisions Forces; or
 Totalization Agreement
Alien nonpayment can apply to:
 The Number Holder (NH); B. Explanation of alien exceptions
 Dependents; and  December 1956 Eligibility
 Survivors. An individual was eligible for a monthly
benefit on the same earnings record
C. Beneficiaries Not Affected by the
Alien Nonpayment Provision (E/R) for December 1956. Payment will
be made even though:
Alien nonpayment does not apply to: The current benefit is of a different type
 U.S. and Naturalized Citizens; than that for December 1956 (e.g.
 U.S. Nationals, (RM 10210.500B.2) - widow’s rather than wife’s benefits); or
General Information on Evidence of U.S. A benefit was not actually payable in
Citizenship for a Social Security Number 12/56 due to not filing on time; or
(SSN) Card; Deductions applied for 12/56; or
 NHs who meet an alien nonpayment A dependent’s entitlement to a benefit
exception; or on the NH’s E/R could not be
 Dependents and survivors who meet an established because the NH, although
alien nonpayment exception and were eligible, had not yet filed for benefits.
first eligible before January 1985;
 U.S. Resident for 10 Years
 o The NH on whose E/R the alien is visitor or tourist to the U.S. would not
entitled lived in the U.S. for at begin a period of residence.
least 10 years. The citizenship of The NH can establish intent by taking
the beneficiary determines when actions similar to the ones listed below
this exception applies; however, it (not all inclusive):
is the NH’s years of residence that  Arranging for lodging and the
govern its use. See RS receipt of mail;
02610.015Status of Countries for
 Establishing a bank account;
Applying Exceptions Based on
 Obtaining employment;
Citizenship.
 Establishing a business;
o Resided in the U.S. means lived
within the territorial boundaries  Obtaining a driver’s license; or
of the United Sates, a U.S.  Joining a church or fraternal
Territory or Commonwealth. organization.
These include: The period of residence continues so
 The 50 States, long as the NH continues to maintain at
 The Territories of Alaska least a temporary home in the U.S., and
and Hawaii prior to is physically present for a significant part
January 3, 1959, and of the 10–year period.
August 21, 1959, When the file does not support the NH’s
respectively, when they allegation of 10-year residence in the
became states, U.S. or if several periods of residence
 The District of Columbia, must be established to total 10-years
residence in the U.S., the NH can
 The U.S. Virgin Islands,
establish presence at the beginning of a
 The Commonwealth of
period of residency by:
Puerto Rico as of January
 An official visa or passport; or
1, 1951,
 An entry or reentry permit; or
 Guam and American
Samoa, as of September  Various application or registration
13, 1960, and records; or
 The Commonwealth of the  Lodging or employment records;
Northern Mariana Islands or
as of January 1, 1987.  Signed statements from one or
NOTE: Dependents and survivors more U.S. residents confirming
entitled on the N/H’s record must have the NH’s presence in the U.S.
lived in the U.S. for only 5 years. They NOTE: In RS 02610.039D Establishing
are not subject to the 10–year residency the 5–Year Residency Requirement, the
requirement. See RS 02610.025 5–Year evidence listed for the 5–year residency
Residency Requirements for Alien requirements for dependents/survivors
Dependents/Survivors Outside the U.S. also applies for the NH meeting the 10–
You must obtain documentary evidence year residency requirements.
that supports allegations of 10–year  40 Quarters of Coverage (QC)
residency in order to: The NH on whose E/R the alien is
 Verify several periods of entitled has earned at least 40 QCs. The
residence to meet the 10–years citizenship of the beneficiary determines
residence requirement; and when this exception applies; however, it
 Prove the NH resided in the is the coverage of the NH that governs
home/s during this period. its use, See RS 02610.015 Status of
Countries for Applying Exceptions Based
The period of residence begins the day
on Citizenship. Monthly benefits may be
the NH arrives in the U.S. with the
paid for the month following the
intention of establishing at least a
40th QC.
temporary home here. An arrival as a
For purposes of determining the 40 QCs  no social insurance system of
the following should be considered: general application but is a
 The modified method of country to which Treasury
determining QC’s is not used for regulations currently or within 5
this exception. years prior to January 1968
 QCs creditable only for freeze prohibit the delivery of checks.
purposes are not counted; See RS 02650.000 Treasury
Department and SSA Restrictions
 Military service wage credits are
Table of Contents.
counted; and
NOTE: Dependents/survivors
 Railroad (RR) compensation
entitled on the NH’s record must
creditable for benefit purposes is
meet the 5–year residency
counted.
requirement for this exception.
NOTE: If the NH has any Railroad
See RS 02610.025 5–Year
(RR) compensation creditable for
Residency Requirement for Alien
benefit purposes, the RR service
Dependents and Survivors
exception is met. This can be
Outside the U.S.
effective earlier than the 40th QC
 Treaty Obligation
and applies without regard to
citizenship. See RS The beneficiary is a citizen or national of
02610.010B Exceptions to Alien a treaty country. See RS
Nonpayment. 02610.015 Status of Countries for
Applying Exceptions Based on
The 40 QC exception can be used if the
Citizenship. A treaty country is a country
Certified E/R was certified in January
that has entered into a treaty with the
1968 or later and at least 40 QCs are
U.S. allowing the payment of Social
shown as self employment (S/E) or
Security benefits to its citizens or
wages after 1950.
nationals, regardless of the duration of
CAUTION: Additional insured status
the absence of those citizens or
requirements must be met for certain
nationals from the U.S. The treaty must
Alien Workers under the Social Security
have been in effect on August 1, 1956.
Protection Act of 2004. See RS
The Treaty Countries are:
00301.102 Additional Requirements for
 Federal Republic of Germany
Alien Workers-Social Security Protection
(West Germany);
Act of 2004.
 Greece;
From July 1968 on, beneficiaries who are
citizens of certain countries may not  Republic of Ireland;
benefit from this exception. See RS  Israel;
02610.015Status of Countries for  Italy;
Applying Exceptions Based on  Japan; or
Citizenship.  Kingdom of the Netherlands
CAUTION: Beginning July 1968 neither (survivor cases).
the 10–year residence nor the 40 QC Except for the survivor case limitation in
exceptions may apply to an individual the treaty with the Netherlands, the
who is a citizen of a foreign country citizens of these countries are paid
which has: monthly benefits despite their absence
 in effect a social insurance or from the U.S.
pension system of general  Social Insurance Exception
application paying periodic old
The beneficiary is a citizen of a foreign
age, retirement, or death benefits,
country which has in effect a social
but not to otherwise qualified
insurance or pension system that:
U.S. citizens outside that country;
 Pays periodic benefits on account
or
of old age, retirement or death;
and
  Pays those periodic benefits at Data Line-Railroad Codes. In
the full rate, without restriction to older cases, you will find the RR
eligible U.S. citizens who are codes on these older forms: a
outside the foreign country, SSA-794 (Earnings Record PIA
regardless of his/her length of Determination), SSA-2417 and
absence; or SSA-101-03 (Determination of
 Applies even if the citizen of the Award).
social insurance country is living NOTE: Dependents/survivors
in a country of which he/she is entitled on the NH’s record must
not a citizen. See RS meet the 5–year residency
02610.015 Status of Countries for requirement for this exception as
Applying Exceptions Based on explained in RS 02610.025.
Citizenship.  Deceased Veteran
NOTE: Dependents/survivors The NH died as a result of:
entitled on the NH’s record must  Service in the U.S. military service;
meet the 5–year residency or
requirement for this exception.
 Disease or injury attributable to
See RS 02610.025 5–Year
military service; or
Residency Requirement for Alien
 Discharged or released from
Dependents/Survivors Outside
service under conditions other
the U.S.
than dishonorable.
 Railroad Service
The Veterans Administration (VA) sends
The NH on whose E/R the alien is
VA Form 21-4180 (Request for
entitled had railroad service treated as
Certification by Social Security
employment covered by the Social
Administration) to obtain information
Security Act.
about the special VA non-insured
This exception applies in every case payment when the VA has determined
where railroad compensation is that:
creditable for benefit purposes, even if
 The veteran’s death was service-
we do not use railroad compensation to
connected, and
establish insured status or we do not use
 There are survivors who may be
the railroad compensation to compute
eligible for monthly benefits.
benefits (e.g., disability freeze).
NOTE: This exception does not
The Account (ACCT) screen of the A101
apply to the payment of an LSDP.
and EF101 and the Account Data line on
If the NH is or would have been
the Master Beneficiary Record (MBR)
in suspense for the month prior
shows Railroad information. Only the
to the month of his death
following Railroad (RR) codes qualify
because of the alien nonpayment
Railroad Service as an exception to alien
provision, then the lump sum
nonpayment:
death payment (LSDP) cannot be

paid although monthly benefits
 RCU — RR earnings used will be payable to the survivors
to establish insured status on the deceased’s earnings
and/or compute PIA, or record because of this exception.
 INV — Primary NH has References:
Railroad credits but not
 Military Survivor Benefits
used for insured status or
(Development) RS 01702.199
in computation of PIA.
 Notice of In-Service Deaths
For more information about the
Received From Service
RR codes, see MSOM MCS
Departments RS 01702.370
014.003 ACCT Screen (ACCT), SM
 Routing the VA, Form 21-4180 RS
00510.070C.7 Account (ACCT)
01702.560
  Requests for Benefit Information for at least 5 years as the spouse,
VA Form 21-4180 RS 01702.580 widow/widower, child, or parent of the NH, in
 VA form 21-4180 RS 01702.584 order to receive U.S. benefits while outside the
 Members of a Uniformed U.S.. See RS 02610.030 - 5 Year Residency
Service RS 01901.480 Requirements for Spouses, Natural Child,
Adopted Child, and a Parent
 Absence Due to Service in U.S. Armed
Forces Beginning in January 1985, the alien
nonpayment provision requires that certain
The beneficiary is outside the U.S.
alien beneficiaries entitled to dependent or
because he/she is serving on duty in the
survivor benefits must meet a U.S. residency
U.S. military. Review the SSA-21 or other
requirement in addition to meeting exceptions:
evidence or information indicating that
the beneficiary is a member of the U.S.  Code 3 – Number Holder (NH) has 10
Armed Forces (e.g., APO or FPO address years residence;
with a military serial number).  Code 4 – NH has 40 Quarters of
Development is required to verify Coverage (QC’s);
military service.  Code 6 – Citizen of a Social Insurance
NOTE: Dependents/survivors entitled on Country
the NH’s record must meet the 5–year  Code 7 – Railroad Service
residency requirement for this  Code 9 – Beneficiary in Military Service
exception. See RS 02610.025 5–Year These exceptions have two-tiers and both
Residency Requirement for Alien tiers must be met. For the first tier the alien
Dependents/ Survivors Outside the U.S. must meet an alien exception code. For the
 Totalization Agreement second tier, the alien’s dependents or
The alien is a resident or a citizen of a survivors must meet the 5 year residency
foreign country with which the United requirement.
States has a Social Security agreement. This requirement precludes paying benefits to
The alien nonpayment exception is dependents and survivors outside the U.S.
effective with the date of the agreement. unless:
CAUTION: Additional insured status  Dependents or survivors have resided in
requirements must be met for certain the U.S. for a period of at least 5 years
Alien Workers under the Social Security during which time the relationship with
Protection Act of 2004. See RS the NH as a spouse, widow/widower,
00301.102C.3. Additional Requirements child or parent has existed.
for Alien Workers-Social Security  The beneficiaries are children who
Protection Act of 2004. cannot satisfy the requirement on their
own but are deemed to meet it
if both parents meet it, See (RS
RS 02610.025 5 Year Residency
02610.020) - Establishing Absence and
Requirement for Alien
Presence in the United States (U.S.) and
Dependents/Survivors Outside
the United States (U.S.) (RS 02610.035A.) - Determining the
Other Parent.
A. Policy EXAMPLES:
1. A dependent/survivor who is a citizen of
In 1983 the Social Security Act was amended
a social insurance country must
(P.L. 98-21) section 340 to include an additional
also meet the 5 year residency
provision regarding the payment of Social
requirement.
Security benefits to aliens outside the U.S.
2. A dependent/survivor who is entitled on
Section 202(t)(11) of the Social Security Act
the earnings record of a NH who has 40
requires that certain non-U.S. citizen
QCs must also meet the 5 year
dependent and survivor beneficiaries who are
residency requirement.
first eligible for Social Security Benefits after
December 1984, must have resided in the U.S.
B. Beneficiaries not affected by the 5 01747.145A)--Exception to Section
Year Residency Requirement 202(t)(11) Alien Nonpayment Provision
under the Danish Agreement for
The 5 year residency requirement does not
Dependents and Survivors.
apply to the:
 Dependent/survivor beneficiary who was C. Procedure for Totalization Countries
or could have been initially eligible
for benefits on any earnings record Use this procedure when the residency
before January 1, 1985; requirement does not apply to a resident or
 This includes beneficiaries who became citizen of a totalization country.
initially eligible for one type of benefit  See (GN 01701.005) - International
on a particular earnings record after Social Security (Totalization)
December 31, 1984 but who were Agreements.
previously eligible for a different type of  See (RS 02640.001) - Determining
benefit on the same earnings record Citizenship.
before January 1, 1985.  Assume residence in a country if there is
EXAMPLE: evidence of birth in that country and the
B2 was entitled before January 1, 1985, individual alleges residence and
was terminated when last child attained currently uses an address in that
age 16 in November 1982, and is now country.
re-entitled as a D in October 2006.  If documentary evidence of residence is
It is not necessary that the NH was necessary (e.g., a native born Turkish
actually entitled or died prior to January citizen alleges residence in Germany),
1, 1985. It is the eligibility of the NH and follow the general guidelines described
the dependent/survivor that is in (GN 01702.230) - Evidence of
controlling. Residence.
 Dependent/survivor entitled on the  In some countries (i.e., Germany,
record of a NH who died in the U.S. Belgium, and Switzerland) residents
military service or as a result of a service must register with local authorities and
connected disease or injury; are provided with a registration card.
 Dependent/survivor who is a citizen of a This is excellent proof of residence;
Treaty country. See (RS 02610.010) - request it where appropriate.
Exceptions to Alien Nonpayment.
D. Periods of residency
 Dependent/survivor who is a citizen or
resident of a country with which the U.S. A period of residency for a dependent/survivor
has a totalization agreement, except to is defined as the following:
the extent provided by such agreement,  Continuous 5 year period in the U.S.; or
See (RS 02610.025C.) - 5 Year Residency
 Separate periods of time in the U.S.
Requirements for Alien Dependents and
totaling 5 years.
Survivors Outside the U.S.
NOTE: A survivor’s period of residence in the
The Australian and Denmark Totalization
U.S. after the NH dies may be counted toward
agreements provide for the following
the 5 year period of residence.
exceptions:
Do not use the following as a period of
 Citizens of Australia who live in a non-
residency for a dependent/survivor:
totalization country must meet the 5
year residency requirement. See (GN  1 day visits;
01743.145A.) - Exception to Section  30 consecutive days; or
202(t)(11) Alien Nonpayment Provisions  1 full calendar month.
Under the Australian Agreement. The 5 year residency requirement is not
 Citizens of Denmark who live in a non- satisfied by accumulating a number of periods
totalization country must meet the 5 of “presence” in the U.S. (e.g., for shopping or
year residency requirement. See (GN visiting relatives). The evidence of residency
must support an enduring and close The widow meets the alien exception
attachment to the U.S. for at least 5 years. code of 6 for social insurance country.
5. Same situation as above except that the
E. Examples:
widow does not file for D benefits until
March 2005.
1. The dependent/survivor is a citizen of
Mexico, a social insurance country which The 5 year residency requirement still
meets the alien exception code of 6. does not apply to the widow because
she was eligible for benefits as an E
The dependent/survivor must also meet
before January 1985.
the 5 year residency requirement to
receive payments while residing outside
the U.S.
2. The dependent/survivor is a citizen of
Singapore, a country which can meet the
alien exception code of 3 for the NH
residing 10 years in the U.S. or the alien
exception code of 4 for the NH meeting
40 QC’s.
The NH has 40 QC’s, but not 10 years
residency in the U.S. The
dependent/survivor meets the exception
code of 4.
The dependent/survivor must also meet
the 5 year residency requirement to
receive payments while residing outside
the U.S.
3. The dependent/survivor is a citizen and
resident of Japan, a Treaty country.
The dependent/survivor does not have
to meet the 5 year residency
requirement because he/she is a citizen
and resident of a treaty country which
meets the alien exception code of 5.
Payments can be made to the
dependent/survivor while residing
outside the U.S. indefinitely.
4. The dependent/survivor is a citizen and
resident of Samoa.
The NH died in January 1984 at the age
of 64. Although he was fully insured at
age 62, he elected not to file for
retirement benefits because he was still
working. The NH’s widow received E
benefits effective with January 1984. The
E benefits terminated in March 1986.
The NH’s widow filed for D benefits in
January 2004 at the age of 63. Her date
of birth is April 1, 1940.
The 5 year residency requirement does
not apply to the widow because she
filed for benefits before January 1985.