Effective Dates: 04/12/2023 - Present Previous | Next

TN 2 (04-23)

GN 01731.145 Exception to Section 202(t)(11) Alien Nonpayment Provision under the U.S. - Finnish Agreement

A. Exceptions for Dependents and Survivors

Section 202(t)(11) of the Social Security Act requires certain non-U.S. citizen dependent and survivor beneficiaries who have been outside of the United States for more than six consecutive calendar months to satisfy a 5-year U.S. residency requirement to receive benefits. During this 5-year U.S. residency, the dependent or survivor must have been in a family relationship with the number holder (NH).

B. Residents of Finland under the section 202(t)(11) exception to the Alien Nonpayment Provision

Under the terms of the Totalization Agreement with Finland, non-citizen dependent and survivor beneficiaries residing in Finland can receive U.S. Social Security benefits for which they qualify even if they do not meet the 5-year U.S. residency requirement. This applies to both ordinary and totalized U.S. benefits.

C. Procedure for applying the section 202(t)(11) exception to the Alien Nonpayment Provision

If a non-citizen dependent or survivor beneficiary does not meet the 5-year U.S. residency requirement, and alleges that they are a resident of Finland, develop residence status.

D. References

  • •

    GN 01702.230, Developing residence status.

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    RS 02610.000, Alien Nonpayment Provisions.

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    RS 02610.025, Residency requirements for alien dependents and survivors outside the U.S.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201731145
GN 01731.145 - Exception to Section 202(t)(11) Alien Nonpayment Provision under the U.S. - Finnish Agreement - 04/12/2023
Batch run: 04/19/2023
Rev:04/12/2023