TN 1 (03-99)
GN 01725.140 Exception to Section 202(t)(1) Alien Nonpayment Provision Under the Dutch 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., 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 the Netherlands who receive regular RSDI benefits as well as those who receive Totalization benefits.
NOTE: The Netherlands Antilles are not part of the Netherlands for purposes of the agreement. Therefore, residence in the Netherlands Antilles does not exempt a beneficiary from the nonpayment provision in section 202(t)(1) of the Act. However, Dutch citizens are already exempt from this provision regardless of where they reside (see RS 02610.015A.).
If a claimant who does not meet another exception to the alien nonpayment provisions alleges residence in the Netherlands, develop residence status to verify that the exemption provided by the agreement applies.