Section 202(t)(1) of the Social Security Act, provides that certain non-U.S. citizen beneficiaries will have their benefits suspended once they have been outside the U.S. for more than six consecutive calendar months, unless they meet an exception.

One such exception is in section 233(c)(2) of the Act. As explained in GN 01701.150A.1., certain non-U.S. citizen 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 citizens or residents of Luxembourg who receive regular retirement, survivors or disability benefits, as well as those who receive Totalization benefits.

See RS 02610.015, Status of Countries for Alien Nonpayment Provision (ANP) Exceptions Based on Citizenship.

If a claimant who does not meet another exception to the ANP alleges residence in Luxembourg, develop residence status to verify that the exemption provided by the Agreement applies.

Generally, we do not pay benefits to dependents and survivors who have been outside the United States for more than six months and who first became eligible for the benefits after 1984 (P.L. 98-2 section 340), unless they satisfy certain U.S. residency requirements (Five-year residency rule). This requirement is based on the provisions of section 202(t)(11) of the Social Security Act. During this five-year residency, the dependent or survivor must have been in a family relationship with the number holder (NH).

However, section 202(t)(11)(E) of the Act exempts citizens or residents of a country with which the United States has a Totalization Agreement from the five-year U.S. residency requirement, unless the Agreement provides otherwise or includes a limitation on the exemption. The U.S.- Luxembourg Agreement does not contain a limitation on this exemption. Therefore, Luxembourg citizens (regardless of where they reside), and non-U.S. citizen beneficiaries who are residents of Luxembourg meeting an exception to the Alien Non-payment Provisions, and who qualify for U.S. dependents or survivors benefits, are exempt from the five-year U.S. residency requirement.

If a non-U.S. citizen dependent or survivor does not meet the five-year U.S. residency requirement and alleges citizenship or residency of Luxembourg, the Field Office (FO) should develop for Luxembourg citizenship and residence status to verify that an exemption provided by the Agreement applies (Section 202(t)(1) of the Act).

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  GN 01701.150, Alien Nonpayment Exemptions Under Totalization Agreements.

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  GN 01702.220, Evidence of Citizenship for Beneficiaries Living Outside the United States.

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  GN 01702.230, Evidence of Residence.

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  RS 02610.000, Alien Nonpayment Provisions.

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  RS 02610.015, Status of Countries for Alien Nonpayment Provision (ANP) Exceptions.

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  RS 02610.025, Five Year Residency Requirement for Alien Dependents/Survivors Outside the United States (U.S.).

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  RS 02610.030, Five Year Residency Requirements for Spouses, Natural Child, Adopted Child, and a Parent.