TN 3 (04-04)
GN 01721.140 Exception to Section 202(t)(1) Alien Nonpayment Provision under the Spanish Agreement
Section 202(t)(1) of the Social Security Act provides that certain alien beneficiaries will have their benefits suspended once they have been outside the U.S. for more than 6 months.
As explained in GN 01701.150A.1., certain alien 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 Spain who receive regular retirement, survivors or disability insurance benefits as well as those who receive Totalization benefits.
NOTE: Spanish citizens are already exempt from the alien nonpayment provisions, regardless of where they reside (see RS 02610.015A.). See GN 01721.145 for additional U.S. residency requirements for alien dependents and survivors.
If a claimant who does not meet another exception to the alien nonpayment provisions alleges residence in Spain, develop residence status to verify that the exemption provided by the agreement applies.