BASIC (06-09)

GN 01751.140 Exception to Section 202(t)(1) Alien Nonpayment Provision under the Polish Agreement

A. Policy — Section 202(t)(1) alien nonpayment provision under the Polish agreement

Section 202(t)(1) of the Social Security Act provides that certain individuals who are not U.S. citizens or nationals may not be paid Social Security benefits once they have been outside the United States for more than 6 consecutive calendar months.

However, a Totalization agreement may provide that an individual who resides in the foreign country that is party to the agreement may be paid benefits without regard to the section 202(t)(1) payment bar. The U.S.-Polish Totalization agreement provides for payments to such persons while they are residing in Poland who receive retirement, survivors or disability insurance benefits as well as those who receive Totalization benefits.

NOTE: Polish citizens were exempt from the alien nonpayment provisions, prior to the effective date of the agreement. As of March 1957, we found Poland to meet the requirements under section 202(t)(2). For Status of Countries for Applying Exceptions Based on Citizenship, see RS 02610.015. See GN 01751.145 Exceptions to Section 202(t)(11) Alien Nonpayment provision for additional U.S. residency requirements for certain dependents and survivors.

B. References

  • RS 02610.025, 5-year Residency Requirements for Alien Dependents and Survivors Outside the United States

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

  • GN 01702.230, Evidence of Residence

  • GN 01751.145, Exception to Section 202 (t)(11) Alien Nonpayment Provision under the Polish Agreement


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201751140
GN 01751.140 - Exception to Section 202(t)(1) Alien Nonpayment Provision under the Polish Agreement - 06/04/2009
Batch run: 06/04/2009
Rev:06/04/2009