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

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

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

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  are residents of Chile regardless of their citizenship or nationality.

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 they have 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.

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

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