TN 1 (06-14)

GN 01739.145 Section 202(t)(11) U.S. Residency Requirement for Certain Dependents and Survivors under the Chilean Agreement

A. Policy for U.S. residency requirement

Section 202(t)(11) of the Social Security Act (“ACT”) limits certain exceptions to the nonpayment provision described in Section 202(t)(1) of the Act. Certain non-U.S. citizen dependents and survivors who have been outside the U.S. for more than 6 months must satisfy the 5-year residency requirement to receive benefits. However, Section 202(t)(11) of the Act provides that citizens or residents of a country with which the U.S. has a totalization agreement do not have to satisfy the residency requirement unless the agreement contains a limitation. The U.S.-Chilean agreement does not contain a limitation

B. No U.S. residency requirement under the agreement

Dependents and survivors are not required to meet the 5-year U.S. residency requirement if they:

  • are citizens or nationals of Chile regardless of where they reside; or

  • are residents of Chile regardless of their citizenship or nationality.

C. Procedure for applying the 202(t)(11) residency requirement

If a non-U.S. citizen or national dependent or survivor alleges citizenship, nationality, or residency of Chile, develop citizenship, nationality, or residency status. If a person has proof that he or she has Chilean citizenship, nationality or residency, apply the 202(t)(11) residency requirements. For development instructions, see the references in GN 01739.145D in this section.

D. References

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

  • GN 01702.230 Evidence of Residence

  • RS 02610.025 5 Year Residency Requirements for Alien Dependents/Survivors Outside the United States (U.S.)

  • RS 02610.030 5 Year Residency Requirements for Spouses, Natural Child, Adopted Child, and a Parent


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201739145
GN 01739.145 - Section 202(t)(11) U.S. Residency Requirement for Certain Dependents and Survivors under the Chilean Agreement - 06/26/2014
Batch run: 06/26/2014
Rev:06/26/2014