BASIC (06-09)

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

A. Policy — Section 202(t)(11) alien nonpayment provision under the Polish agreement

Generally, section 202(t)(11) of the Social Security Act provides that no U.S. Social Security monthly benefit may be paid to an individual who is not a U.S. citizen or national for any month after the 6th consecutive month that the individual is outside the U.S. unless the individual previously resided in the United States for at least five years and had a relationship with the numberholder as specified in the Act. However, section 202(t)(11)(E) makes an exception for individuals who are citizens or residents of a foreign country with which the U.S. has a Totalization agreement to the extent provided in such an agreement.

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.-Polish agreement does not contain any such limitation.

B. Procedure — Non U.S. citizen dependent or survivor does not meet the 5-year U.S. residency requirement

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 ALLEGES

THEN

He or she is a resident of Poland

Confirm residence status.

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

Confirm residence status.

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

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

C. References

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


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http://policy.ssa.gov/poms.nsf/lnx/0201751145