GN 01755.140 Exceptions to Section 202(t)(1) Alien Nonpayment Provision under the Agreement with Hungary
A. Policy for 202(t)(1) Alien Nonpayment Provision
Section 202(t)(1) of the Social Security Act generally provides that we do not pay benefits to a beneficiary who:
Some beneficiaries may qualify for exceptions to the alien nonpayment provision. In addition, section 202(t)(11) requires that certain dependents and survivors must also meet a 5-year U.S. residency requirement.
Citizens of Hungary were exempt from the alien nonpayment provision prior to the effective date of the U.S.-Hungarian agreement as described in RS 02610.015. However, Hungarian citizen dependent and survivor beneficiaries also had to meet a 5-year U.S. residency requirement to qualify for the alien nonpayment exemption. Beginning with the effective date of the U.S.-Hungarian agreement, dependent and survivor beneficiaries who are residents of Hungary do not have to meet the additional 5-year residency requirement because this agreement does not include a limitation to this exemption.
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 as described in RS 02610.010, alleges citizenship of Hungary, then develop citizenship status to verify that the exception provided by Hungarian citizenship applies.
For more information about exceptions to the additional U.S. residency requirements for alien dependents and survivors under the U.S-Hungarian Agreement, see GN 01755.145.
RS 02610.010 Exceptions to Alien Nonpayment
RS 02610.015 Status of Countries for Applying Exceptions Based on Citizenship