BASIC (07-14)

GN 01753.140 Exceptions to Section 202(t)(1) Alien Nonpayment Provision Under the Agreement with the Slovak Republic

A. Policy for 202(t)(1) Alien Nonpayment Provision

Section 202(t)(1) of the Social Security Act (Act), the alien nonpayment provision, generally provides that we do not pay benefits to a beneficiary who:

  • is not a U.S. citizen or national; and

  • has been outside the United States (U.S.) for more than 6 consecutive calendar months.

This is the alien nonpayment provision. Some beneficiaries may qualify for exceptions to the alien nonpayment provision. For example, citizens or residents of the Slovak Republic who received regular U.S. retirement, survivors, or disability insurance benefits or U.S. Totalization benefits were exempt from the alien nonpayment provision prior to the effective date of the U.S.-Slovak Totalization agreement. For Status of Countries Applying Exceptions Based on Citizenship see RS 02610.015.

B. Procedure for applying the exception to Section 202(t)(1) Alien Nonpayment Provision

If a claimant who does not meet another exception to the Alien Nonpayment Provision in RS 02610.010, alleges citizenship of or residence in, the Slovak Republic, the FO must develop citizenship or residency status to verify that the exception provided by Slovak citizenship or residency applies.

NOTE: For exceptions to the additional U.S. residency requirements for alien dependents and survivors under the Slovak Agreement see GN 01753.145.

C. References

  • RS 02610.001 Alien Non-Payment Provisions

  • RS 02610.010 Exceptions to Alien Nonpayment

  • RS 02610.015 Status of Countries for Applying Exceptions Based on Citizenship

  • GN 01701.150 Alien Non-Payment Exemptions Under Totalization Agreements

  • GN 01753.145 Exceptions to Section 202(t)(11)U.S. Residency Requirements for Certain Dependents and Survivors Under the Agreement with the Slovak Republic


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http://policy.ssa.gov/poms.nsf/lnx/0201753140
GN 01753.140 - Exceptions to Section 202(t)(1) Alien Nonpayment Provision Under the Agreement with the Slovak Republic - 07/28/2014
Batch run: 07/28/2014
Rev:07/28/2014