TN 45 (11-11)
GN 00205.168 Importance of Residence and Presence in the U.S.
Residence and presence in the U.S. and other countries are material in several areas. Their effect and the definitions of residence and presence in the U.S. vary depending on:
the section of the Act involved, and
whether the term is defined by the Social Security Administration (SSA) or the Internal Revenue Code.
Public Law (P.L.) 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was signed into law on August 22, 1996 and became effective for title II (T2) purposes on September 1, 1996. The law requires that, for T2 applications with effective filing dates of September 1, 1996 or later, each T2 claimant in the U.S., must provide evidence that he or she is a U.S. Citizen or U.S. national, or an alien lawfully present in the U.S. as determined by the Attorney General. This law includes claimants applying for benefits from the U.S. under a totalization agreement unless we already established U.S. citizenship or lawful alien status through our records.
B. Considering residence and presence in the U.S.
Health Insurance (HI)/Supplemental Medical Insurance (SMI) Uninsured
Residence and lawful admission to U.S. for permanent residence
EXCEPTION: HI/SMI based on end-stage renal disease has no residency requirements.
GN 00303.700 -
Supplemental Security Income (SSI)
Residence and presence in U.S.
Provisions - Section 202(t)
To determine if provisions apply, consider:
To determine if we can make payments to beneficiaries who do not meet an exception, presence in U.S.
Alien Withholding Tax
Residence in U.S. or certain tax treaty countries