BASIC (10-08)

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

A. Policy

Section 202(t)(11) provides, in general, that no benefit may be paid to a non-U.S. citizen or national for any month after the 6th consecutive calendar month he/she has been outside the U.S. Certain non-U.S. citizen dependent and survivor beneficiaries, who are first eligible for Social Security benefits after December 1984, must have resided in the U.S. for at least 5 years. During this 5-year residence they must have been in a family relationship with the number holder (NH) in order to receive U.S. benefits.

As explained in GN 01701.150A.2., citizens or residents of a country with which the United States has a Totalization agreement are exempt from these requirements unless an agreement includes a limitation on the exemption. The U.S.-Danish agreement includes such a limitation. Under the agreement, all residents of Denmark who are dependants or survivors are exempt from the U.S. 5-year residence requirements, but Danish citizens who are dependents or survivors and who do not reside in the United States or Denmark are only exempt if they reside in another country with which the United States has a Totalization agreement. (Denmark is the second agreement country that includes such a limitation.)

B. Procedure

If a non-U.S. citizen dependent or survivor does not meet the 5-year U.S. residency requirements, develop citizenship or residence status as follows.

If The Person AllegesThen

He or she is a resident of Denmark

Develop residence status.

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

Develop residence status.

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

Develop citizenship status.

He or she is a citizen of Australia

Develop citizenship and residence status for purposes of the 5-year U.S. residence rule.

NOTE: The 5-year U.S. residence rule applies to Danish and Australian citizen dependent and survivor beneficiaries’ residing outside the United States, Denmark, Australia, or another Totalization country.

C. References

  • 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

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


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201747145
GN 01747.145 - Exception to Section 202(t)(11) Alien Nonpayment Provision under the Danish Agreement for Dependents and Survivors - 10/24/2008
Batch run: 01/27/2009
Rev:10/24/2008