The Alien Nonpayment Provision refers to aliens who are outside the United States. An alien is defined as a person who is a citizen of a foreign country. Outside the United States means outside the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands or American Samoa.

Section 202 (t) of the Social Security Act, states that an alien residing outside the United States (U.S) for six full consecutive calendar months cannot be paid benefits beginning with the seventh month of his /her absence. Once the 6-month period of absence is completed and payments have been suspended, the benefits may not be resumed until the alien has been back in the U.S. for one full calendar month, See (RS 02610.041) –Lawful Presence and the Alien Nonpayment Provisions and (RS 00204.010) - Lawful Presence Payment Provisions (for application filed on or after December 1, 1996.)

Benefits cannot be made to aliens residing in certain countries notwithstanding the rules noted above. See (RS 02650.001) - Treasury Department Restrictions.

Alien nonpayment can apply to:

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  The Number Holder (NH);

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  Dependents; and

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  Survivors.

Alien nonpayment does not apply to:

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  U.S. and Naturalized Citizens;

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  U.S. Nationals, (RM 10210.500B.2) - General Information on Evidence of U.S. Citizenship for a Social Security Number (SSN) Card;

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  NHs who meet an alien nonpayment exception; or

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  Dependents and survivors who meet an alien nonpayment exception and were first eligible before January 1985;

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  • Dependents and survivors first eligible January 1985 and later must meet both an alien nonpayment exception and the five year residence requirement unless they meet certain conditions. See RS 02610.025B.

GN 00303.300, Establishing U.S. Citizenship for All SSA Programs

RS 02610.010, Exceptions to the Alien Nonpayment Provisions

RS 02610.025, 5 Year Residency Requirement for Alien Dependents/Survivors Outside the U.S.

RS 02610.039, Establishing the 5 Year Residency Requirement

RS 02650.001, Treasury Department Restrictions