BASIC (09-02)

GN 01743.145 Exception to Section 202(t)(11) Alien Nonpayment Provision under the Australian Agreement

A. Policy

Benefits generally may not be paid to aliens outside the U.S. (after they have been outside the U.S. for 6 months) who first became eligible for dependent or survivor benefits after 1984, unless they satisfy certain U.S. residency requirements (5-year residency rule).

As explained in GN 01701.150A.2., citizens or residents of a country with which the U.S. has a Totalization agreement are exempt from these requirements unless an agreement includes a limitation on the exemption. The agreement with Australia is the first U.S. agreement that includes such a limitation. Under the agreement, all residents of Australia are exempt from the U.S. residency requirements, but Australian citizens who do not reside in the United States or Australia are only exempt if they reside in another country with which the U.S. has a Totalization agreement.

B. Procedure

If an alien dependent or survivor does not meet the 5-year residency requirement, develop for residency or citizenship as follows.

IF THE INDIVIDUAL ALLEGES

THEN

He or she is a resident of Australia

Develop residence status.

He or she is a citizen of Australia residing in another Totalization country

Develop residence status.

He or she is a citizen of a Totalization country other than Australia

Develop citizenship status. If the allegation is confirmed, you do not need to develop residence status for purposes of the 5-year rule.

C. References

Developing citizenship and residence status, GN 01702.220 - GN 01702.230.

Residency requirements for alien dependents and survivors outside the United States, RS 02610.025

List of Totalization countries, GN 01701.005


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GN 01743.145 - Exception to Section 202(t)(11) Alien Nonpayment Provision under the Australian Agreement - 05/01/2014
Batch run: 05/01/2014
Rev:05/01/2014