TN 2 (05-11)

GN 01733.140 Exception to Section 202(t)(1) Alien Nonpayment Provision under the Luxembourg Agreement

A. Policy for alien nonpayment provision

Section 202(t)(1) of the Social Security Act provides that we suspend certain non-U.S. citizens’ benefits when the beneficiary has been outside the United States (U.S.) for more than 6 consecutive calendar months. This is the alien nonpayment provision. However, as provided by section 202(t), some beneficiaries qualify for exceptions to the alien nonpayment provision.

Citizens of Luxembourg who receive regular U.S. retirement, survivors, or disability insurance benefits and those who receive totalization benefits meet an exception to the alien nonpayment provision.

See RS 02610.015 – Status of Countries for Applying Exceptions Based on Citizenship.

NOTE: See GN 01733.145 Exceptions to Section 202(t)(11) Alien Nonpayment Provision for Dependents and Survivors under the Luxembourg Agreement, for exceptions to the additional U.S. residency requirements for non-U.S. citizen dependents and survivors.

B. Procedure for applying section 202(t)(1) Alien Nonpayment Provisions

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

NOTE: See GN 01733.145 for exceptions to other U.S. residency requirements for alien dependents and survivors.

C. References

  • RS 02610.001, Alien Non-Payment Provisions

  • RS 02610.015, Status of Countries for Applying Exceptions Based on Citizenship

  • GN 01701.150, Alien Nonpayment Exemptions under Totalization Agreements

  • GN 01702.230, Evidence of Residence

  • GN 01733.145, Exception to Section 202(t) (11) Alien Nonpayment Provision for Dependents and Survivors under the Luxembourg Agreement


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201733140
GN 01733.140 - Exception to Section 202(t)(1) Alien Nonpayment Provision under the Luxembourg Agreement - 05/11/2011
Batch run: 05/11/2011
Rev:05/11/2011