Basic (10-08)

GN 01747.140 Exception to Section 202(t)(1) Alien Nonpayment Provision under the Danish Agreement

A. Policy

Section 202(t)(1) of the Social Security Act provides that certain non-U.S. citizen beneficiaries will have their benefits suspended once they have been outside the United States for more than 6 consecutive calendar months.

As explained in GN 01701.150A.1., certain non-U.S. citizen beneficiaries who would otherwise be subject to suspension under section 202(t)(1) are exempt from suspension if they reside in a country with which the United States has a Totalization agreement. This exemption applies to residents of Denmark who receive regular U.S. retirement, survivors or disability insurance benefits as well as those who receive Totalization benefits, provided they are U.S. citizens, Danish citizens, or refugees or stateless persons.

NOTE: Danish citizens are already exempt from the alien nonpayment provisions, regardless of where they reside. See RS 02610.015, Status of Countries for Applying Exceptions Based on Citizenship. For additional U.S. residence requirements for alien dependents and survivors see GN 01747.145.

B. Procedure — Applying Section 202(t)(1) Alien Nonpayment Provisions

If a claimant who does not meet another exception to the alien nonpayment provisions appears to fall into one of the categories shown in GN 01747.140A. in this section and alleges residence in Denmark, verify that the exemption provided by the agreement applies by developing the following:

  • residence status, and

  • citizenship, or refugee or stateless person status, if the applicant alleges such status.

C. References

  • RS 02610.000, Alien Nonpayment Provisions

  • GN 01702.220, Evidence of Citizenship for Beneficiaries Living Outside the U.S.

  • GN 01702.225, Evidence of Status as Refugee or Stateless Person

  • GN 01702.230, Evidence of Residence

  • GN 01747.145, Exception to Section 202(t)(11) Alien Nonpayment Provision Under the Danish Agreement for Dependents and Survivors

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GN 01747.140 - Exception to Section 202(t)(1) Alien Nonpayment Provision under the Danish Agreement - 10/24/2008
Batch run: 10/24/2008