TN 4 (11-03)
GN 01729.140 Exception to Section 202(t)(1) Alien Nonpayment Provision Under the Austrian 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 Austria who receive regular retirement, survivors or disability insurance benefits as well as those who receive Totalization benefits, provided they are:
Refugees or stateless persons, or
Alien auxiliary or survivor beneficiaries entitled on the Social Security number of a worker who is (or was at the time of death) a U.S. citizen, Austrian citizen, or refugee or stateless person.
Note: Austrian citizens are already exempt from the alien nonpayment provisions, regardless of where they reside (see RS 02610.015B.). See GN 01729.145 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 appears to fall into one of the above categories and alleges residence in Austria, 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 it is alleged that the worker is (or was at the time of death) a refugee or stateless person, or
Citizenship of the worker, if a dependent or survivor alleges that the worker is (or was at the time of death) a U.S. or Austrian citizen.