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

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

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  has been outside the U.S. for more than 6 consecutive calendar months.

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 Slovenia were exempt from the alien nonpayment provision prior to the effective date of the U.S.-Slovenian agreement as described in RS 02610.015. However, Slovenian 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.-Slovenian agreement, dependent and survivor beneficiaries who are residents of Slovenia do not have to meet the additional 5-year residency requirement because this agreement does not include a limitation to this exemption.

If a claimant, who does not meet another exception to the Alien Nonpayment Provision as described in RS 02610.010, alleges citizenship of Slovenia, then develop citizenship status to verify that the exception provided by Slovenian citizenship applies.

For more information about exceptions to the additional U.S. residency requirements for alien dependents and survivors under the U.S.-Slovenian Agreement, see GN 1770.145.

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  RS 02610.010 Exceptions to Alien Nonpayment

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  RS 02610.015 Status of Countries for Applying Exceptions Based on Citizenship