TN 10 (12-05)

RS 00208.020 Mothers and Fathers Nonpayment - Policy

Nonpayment situations and the corresponding POMS references are shown below:

Status of Mother/Father or Surviving Divorced Mother/Father

Circumstance

 

Reference

Alien

The NH was deported and the claimant resides outside the U.S.

RS 02635.001

Alien

Outside U.S. for more than 6 full consecutive calendar months.

RS 02610.001

Alien

Residence in a country to which the mailing of U.S. Government checks is prohibited.

RS 02650.001

Member of a religious group

The mother/father or surviving divorced mother/father was granted a tax exemption.

RS 01802.271

Convicted by a court

The claimant was deprived of certain benefit rights by court sentence after conviction for an offense involving espionage, sabotage, treason, sedition, or subversive activities.

GN 02602.010

Conviction for a criminal offense; or, a court of competent jurisdiction issues a verdict, finding or a ruling that declares the individual:

  • guilty but insane with respect to an offense punishable by imprisonment for more than one year;

  • not guilty of such an offense by reason of insanity;

  • incompetent to stand trial under an allegation of such an offense;

  • determined to have a similar verdict or finding with respect to such an offense based on similar factors (such as mental disease, mental defect or mental incompetence) and

the individual is confined to an institution at public expense; or

Immediately upon completion of confinement in a correctional institution, (confinement in the correctional institution was based on a crime an element of which was sexual activity), the individual is confined by court order to an institution at public expense because he/she was determined to be a sexually dangerous person or a sexual predator or similar finding.

The claimant is confined to a correctional or mental institution for more than 30 continuous days.

GN 02607.310,
GN 02607.310

Has an unsatisfied warrant for a crime or attempted crime that is a crime that is punishable by death or imprisonment for more than one year (regardless of the sentence imposed) or, for a violation or a condition of Federal or State probation or parole unless good cause can be established for not satisfying the outstanding warrant.

The claimant has an unsatisfied warrant for an attempted crime or crime, or an unsatisfied warrant for a Federal or State probation or parole violation for more than 30 continuous days.

NOTE: Effective with benefits beginning 01/01/05.

GN 02613.001

Enumeration Refused

The mother/father does not have a Social Security Number (SSN) and refuses to apply for one.

(NOTE: This is effective with dates of entitlement of 6/89 or later.)

RS 00203.032


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