Section 202(t)(1) of the Social Security Act provides that the Social Security Administration (SSA) will suspend the benefits of certain non-U.S. citizen beneficiaries once they have been outside the U.S. for more than six month, unless they meet an exception.

One such exception is in section 233(c)(2) of the Act. As explained in GN 01701.150A.1., certain non-U.S. citizen beneficiaries who would otherwise be subject to suspension under section 202(t)(1) are exempt from suspension if they reside in a country with which the United States has a Totalization Agreement. This exemption applies to residents of Australia who receive regular retirement, survivors or disability insurance benefits as well as those who receive Totalization benefits.

If a claimant who does not meet another exception to the ANP alleges residence in Australia, develop residence status according to the instructions in GN 01702.230 to verify that the exemption provided by the Agreement applies.

Generally, SSA does not pay benefits to dependents and survivors who have been outside the United States for more than six months and who first became eligible for dependent or survivors benefits after 1984, unless they satisfy certain U.S. residency requirements (five-year residency rule). However, section 202(t)(11)(E) of the Act exempts citizens or residents of a country with which the United States has a Totalization Agreement from the five-year U.S. residency requirement, unless the Agreement provides otherwise or includes a limitation on the exemption.

The Agreement with Australia is the first U.S. agreement that includes such a limitation. Under the Agreement, all residents of Australia are exempt from the U.S. residency requirements, but Australian citizens who do not reside in the United States or Australia are only exempt if they reside in another country with which the U.S. has a Totalization agreement.

Use the following chart to determine if SSA should develop the residency or citizenship of a non-U.S. citizen dependent or survivor who does not meet the five-year residency requirement.

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  GN 01701.150 Alien Nonpayment Exemptions under Totalization Agreements

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  GN 01702.220 Evidence of Citizenship for Beneficiaries Living Outside the United States

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  GN 01702.230 Evidence of Residence

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  RS 02610.001 Alien Nonpayment Provisions

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  RS 02610.015 Status of Countries for Alien Nonpayment Provision (ANP) Exceptions Based on Citizenship

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  RS 02610.025 5 Year Residency Requirement for Alien Dependents/ Survivors Outside the United States (U.S.)

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  RS 02610.030 5 Year Residency Requirements for Spouses, Natural Child, Adopted Child, and a Parent