In 1983, Congress amended Section 340 of the Social Security Act (P.L. 98-21) to include an additional provision regarding the payment of Social Security benefits to aliens outside the United States. Section 202(t)(11) of the Social Security Act requires that certain non-U.S. citizen dependent and survivor beneficiaries who are first eligible for Social Security Benefits after December 1984, must have resided in the United States for at least 5 years as the spouse, surviving spouse, child, or parent of the NH, in order to receive U.S. benefits while residing outside the United States. For more information about the 5-year residency requirements for spouses, natural children, adopted children, and parents, see RS 02610.030.

Beginning in January 1985, the alien nonpayment provision (ANP) requires that certain alien beneficiaries entitled to dependent or survivor benefits must meet a U.S. residency requirement in addition to meeting the following exceptions:

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  Code 3 – Number Holder (NH) has 10 years of U.S. residence;

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  Code 4 – NH has 40 Quarters of Coverage (QC’s);

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  Code 6 – Citizen of a Social Insurance Country

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  Code 7 – Railroad Service

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  Code 9 – Beneficiary in Military Service

These exceptions have two tiers and both tiers must be met. For the first tier, the alien must meet an alien exception code. For the second tier, the alien’s dependents or survivors must meet the 5-year residency requirement.

This requirement precludes paying benefits to dependents and survivors outside the United States unless:

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  Dependents or survivors have resided in the United States for a period of at least 5 years during which time the relationship with the NH as a spouse, surviving spouse, child, or parent has existed.

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  The beneficiaries are children who cannot satisfy the requirement on their own but are deemed to meet it if both parents meet it. For information about establishing absence and presence in the United States, see RS 02610.020. For more information about determining the other parent, see RS 02610.035A.

1. 1. 

   A dependent/survivor who is a citizen of a social insurance country must also meet the 5-year residency requirement.

2. 2. 

   A dependent/survivor who is entitled on the earnings record of a NH who has 40 QCs must also meet the 5-year residency requirement.

The 5-year residency requirement does not apply to the:

• •

  Dependent/survivor beneficiary who was or could have been initially eligible for benefits on any earnings record before January 1, 1985; this includes beneficiaries who became initially eligible for one type of benefit on a particular earnings record after December 31, 1984 but who were previously eligible for a different type of benefit on the same earnings record before January 1, 1985.

  EXAMPLE:

  B2 was entitled to benefits before January 1, 1985. B2 was terminated when her last child-in-care attained age 16 in November 1982, and is now re-entitled as a D in October 2006.

  It is not necessary that the NH was actually entitled or died prior to January 1, 1985. It is the eligibility of the NH and the dependent/survivor that is controlling.

• •

  Dependent/survivor entitled on the record of a NH who died in the U.S. military service or as a result of a service-connected disease or injury;

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  Dependent/survivor who is a citizen of a Treaty country as described in RS 02610.010;

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  Dependent/survivor who is a citizen or resident of a country with which the United States has a totalization agreement, except to the extent provided by such agreement. For the procedure for Totalization countries, see RS 02610.025C.

Use this procedure when the residency requirement does not apply to a resident or citizen of a totalization country:

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  Assume residence in a country if there is evidence of birth in that country and the individual alleges residence and currently uses an address in that country.

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  If documentary evidence of residence is necessary (e.g., a native born Turkish citizen alleges residence in Germany), follow the general guidelines described in GN 01702.230, Evidence of Residence.

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  In some countries (i.e., Germany, Belgium, and Switzerland) residents must register with local authorities and are provided with a registration card. This is excellent proof of residence; request it where appropriate.

To determine the country of citizenship for payments outside the United States, see RS 02640.001.

For a list of international Social Security (Totalization) agreements, see GN 01701.005.

A period of residency for a dependent/survivor is defined as the following:

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  Continuous 5-year period in the United States; or

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  Separate periods of time in the United States totaling 5 years.

Do not use the following as a period of residency for a dependent/survivor:

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  1 day visits;

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  30 consecutive days; or

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  1 full calendar month.

The 5-year residency requirement is not satisfied by accumulating a number of periods of “presence” in the United States (e.g., for shopping or visiting relatives). The evidence of residency must support an enduring and close attachment to the United States for at least 5 years.

1. 1. 

   The dependent/survivor is a citizen of Mexico, a social insurance country which meets the alien exception code of 6.

   The dependent/survivor must also meet the 5-year residency requirement to receive payments while residing outside the United States.

2. 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 United States 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 United States. 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 United States.

3. 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 they are a citizen and resident of a treaty country which meets the alien exception code of 5.

   Payments can be made indefinitely to the dependent/survivor while residing outside the United States.

4. 4. 

   The dependent/survivor is a citizen and resident of Samoa.

   The NH died in January 1984 at the age of 64. Although the NH was fully insured at age 62, they elected not to file for retirement benefits because they were still working. The NH’s surviving spouse received E benefits effective with January 1984. The E benefits terminated in March 1986.

   The NH’s surviving spouse filed for D benefits in January 2004 at the age of 63. D's date of birth is April 1, 1940.

   The 5-year residency requirement does not apply to the surviving spouse because they filed for benefits before January 1985. The surviving spouse meets the alien exception code of 6 for social insurance country.

5. 5. 

   Same situation as above except that the surviving spouse does not file for D benefits until March 2005.

   The 5-year residency requirement still does not apply to the surviving spouse because they were eligible for benefits as an E before January 1985.