TN 4 (07-96)
GN 01707.140 Exception to Section 202(t)(1) Alien Nonpayment Provision Under German Agreement
Alien beneficiaries who would otherwise be subject to suspension under the alien nonpayment provisions of section 202(t)(1) of the Social Security Act are exempt from suspension if they reside in Germany (see GN 01701.150A.1).
This exemption applies to people who receive regular RSDI benefits as well as totalization benefits, provided they are:
refugees or stateless persons, or
auxiliary or survivor beneficiaries entitled on the SSN of a worker who is (or was at the time of death) a U.S. citizen, German citizen, or refugee or stateless person.
Note: German citizens are already exempt from the alien nonpayment provisions, regardless of where they reside (see RS 02610.015A).
If a claimant who does not meet another exception to the alien nonpayment provisions appears to fall into one of the above categories and alleges residence in Germany, verify that the exemption provided by the agreement applies by developing the following:
refugee or stateless person status, if the claimant alleges such status, or in the case of an auxiliary or survivor if it is alleged that the worker is (or was at the time of death) a refugee or stateless person
nationality, if an auxiliary or survivor alleges that the worker is (or was at the time of death) a German national.