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

• •

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

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  has been outside the United States for more than six consecutive calendar months.

Section 202(t)(11) requires that non-U.S. citizen dependents and survivors must also meet a five-year U.S. residency requirement, and provides exceptions to this requirement.

NHs who are Brazilian citizens were exempt from the ANP prior to the effective date of this agreement as described in RS 02610.015. Before the agreement, dependent and survivor beneficiaries who are Brazilian citizens also had to meet the five-year United States residency requirement of section 202(t)(11) to qualify for the alien nonpayment exemption.

Develop citizenship status to verify that the exception provided by Brazilian citizenship applies if a claimant alleges citizenship of Brazil and does not meet another exception to the ANP as described in RS 02610.010.

For more information about exceptions under the U.S. and Brazilian agreement regarding additional U.S. residency requirements for alien dependents and survivors, see GN 01757.145.