BASIC (03-09)

GN 01749.140 Exception to Section 202(t)(1) Alien Nonpayment Provision under the Czech Agreement

A. Policy

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

As explained in GN 01701.150A.1., certain non-U.S. citizen beneficiaries subject to suspension under section 202(t)(1) are exempt from suspension if they reside in a country with a Totalization agreement with the U.S. This exemption applies to citizens or residents of the Czech Republic who receive regular U.S. retirement, survivors or disability insurance benefits as well as those who receive Totalization benefits.

Czech citizens were exempt from the alien nonpayment provisions, prior to the effective date of the agreement. For Status of Countries for Applying Exceptions Based on Citizenship, see RS 02610.015, and GN 01749.145, Exception to Section 202(t)(11) Alien Nonpayment Provision under the Czech Agreement for Dependents and Survivors.

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

If a claimant does not meet another exception to the alien nonpayment provision and alleges residence in the Czech Republic, the Claims Representative develops residence status to verify that the exemption provided by the agreement applies.

C. References

GN 01701.150, Alien Nonpayment Exemptions Under Totalization Agreements

RS 02610.000, Alien Non-Payment Provisions

GN 01702.230, Evidence of Residence

GN01749.145, Exception to Section 202(t)(11) Alien Nonpayment Provision Under the Czech Agreement for Dependents and Survivors


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201749140
GN 01749.140 - Exception to Section 202(t)(1) Alien Nonpayment Provision under the Czech Agreement - 03/12/2009
Batch run: 03/12/2009
Rev:03/12/2009