Section 202(t)(1) of the Social Security Act generally provides that we do not pay
benefits to a beneficiary who:
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•
is not a U.S. citizen or national; and
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•
has been outside the U.S. for more than 6 consecutive calendar months.
Some beneficiaries may qualify for exceptions to the alien nonpayment provision. In
addition, section 202(t)(11) requires that certain dependents and survivors must also
meet a 5-year U.S. residency requirement.
Citizens of Hungary were exempt from the alien nonpayment provision prior to the effective
date of the U.S.-Hungarian agreement as described in RS 02610.015. However, Hungarian citizen dependent and survivor beneficiaries also had to meet
a 5-year U.S. residency requirement to qualify for the alien nonpayment exemption.
Beginning with the effective date of the U.S.-Hungarian agreement, dependent and survivor
beneficiaries who are residents of Hungary do not have to meet the additional 5-year
residency requirement because this agreement does not include a limitation to this
exemption.