TN 1 (06-14)
GN 01739.140 Applicability of Section 202(t)(1) Alien Nonpayment Provision under the Chilean Agreement
A. Policy for 202(t)(1) alien nonpayment provision
Section 202(t) of the Social Security Act (“ACT”) establishes the alien nonpayment provisions. Sections 202(t)(1) of the Act generally provides that we do not pay benefits to a beneficiary who:
is not a U.S. citizen or national, and
resides outside the United States (U.S.) for more than six consecutive calendar months.
However, section 202(t) of the Act provides that, some beneficiaries qualify for exceptions to the alien nonpayment provision. For example, citizens of Chile meet the social insurance exception to the alien nonpayment provision based on their Chilean citizenship. For applying exceptions based on citizenship, see RS 02610.015.
B. Residence exemption from alien nonpayment under the agreement
In addition, under section 233(c) (2) of the Act, certain beneficiaries are exempt from the payment restrictions described in section 202(t)(1) of the Act when they reside in a country with which the United States has a totalization agreement. See GN 01701.150A.1.
The exemption under the Chilean agreement applies to residents of Chile who receive regular or totalized retirement, survivors, or disability insurance benefits.
C. Procedure for applying the exemption to Section 202(t)(1) alien nonpayment provision
If a claimant, does not meet the exception to the alien nonpayment provision in GN 01739.140A in this section and alleges residence in Chile, develop residence status to verify that the exemption provided by the agreement applies.
NOTE: For exemptions to the additional U.S. residency requirements for alien dependents and survivors under the Chilean Agreement, see GN 01739.145.
RS 02610.001 Alien Nonpayment 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 01739.145 Section 202(t)(11) U.S. Residency Requirements for Certain Dependents and Survivors Under the Chilean Agreement