TN 1 (01-03)
GN 01735.145 Exception to Section 202(t)(11) Alien Nonpayment Provision for Dependents and Survivors under the Irish Agreement
Dependents and survivors benefits generally may not be paid to aliens who have been outside the United States for more than 6 months and who first became eligible for benefits after 1984, unless they satisfy certain U.S. residency requirements (5-year residency rule).
Citizens or residents of a country with which the United States has a Totalization agreement are exempt from these requirements unless the agreement includes a limitation on the exemption. The U.S.-Irish agreement does not contain a limitation. Therefore, Irish citizens, regardless of where they reside, and residents of Ireland are exempt from these requirements.
If an alien dependent or survivor, who does not meet the 5-year residency requirement, alleges he or she is a citizen or resident of Ireland, develop citizenship or residence status.