TN 15 (05-08)

RS 02610.037 Change in Child’s Parental Status And The 5 Year Residency Requirement

A. Other Parent and Child

The alien nonpayment provision is a payment factor made on a month-by-month basis. It is not an entitlement factor.

Changes in circumstances affecting the child can effect the application of the 5 year residency requirement for payment.

For example, a child who originally did not meet the 5 year residency requirement on the date of entitlement could meet it at a later date if there is a change in the parental status.

B. Change of Payment Status of Child

A change in the family circumstances can result in a change of payment to a child and a possible change of representative payee, See (GN 00505.040) - Change of Payee For Beneficiary Living Abroad-General.

It is important for technicians in the Field Office (FO), Federal Benefits Unit (FBU), and Payment Service Centers (PSC) to be alert to situations which indicate a possible change in parental status.

Such information may come to the attention of technicians:

  • During the review of the annual enforcement questionnaires;

  • From reports of the parent’s death or marriage; or

  • Any other reports or information received regarding the status of a parent.

This information is in the booklet SSA-10137, “Your Payments While You Are Outside the United States.” It tells the parent or representative payee to report any changes to SSA which could affect payment based on the parent’s U.S. residence. See (GN 02605.030) - Representative Payee Cases--COA.

Regardless of how the information is received, the action to be taken depends on the current payment status of the child.

C. Child Currently Receiving Benefits

If a report of a change in parental status is received from the parent of the child and the proof of the change of parental status has been submitted and verified, See (GN 03001.020) - Processing First Party Reports, then:

  • Suspend benefits beginning with the first full month during which the child cannot be deemed to meet the 5 year residency requirement; or

  • Resume benefits beginning with the first full month during which the child may be deemed to meet the 5 year residency requirement.

    NOTE: Representative payee development may be necessary.

If a third party report is received, See (GN 03001.025) - Processing Third Party Reports:

  • Develop to verify the allegation;

  • Verify the allegation before the benefits are suspended or terminated; and

  • Document the information on the shared processing screen, See (MSOM EVID 001.003) - Evidence Screen (EVID)

If the change in status cannot be verified because:

  • The event never occurred;

  • The report was erroneous; or

  • The other parent who was the subject of the change cannot be located after a reasonable effort; then

Document the case to show why there was no change in payment status resulting from the report and continue the payments to the child.

D. Child Receiving No Benefits

If SSA receives a report from the Number Holder (NH), the child’s payee, or from some other source that could result in the resumption of benefits to the child, explain to the payee that SSA must have documentary evidence to verify the event before payments can be resumed.

E. Examples:

  1. C1 and his natural mother do not meet the 5 year residency requirement.

    C1’s natural mother does not live with the child or her former husband, the NH.

    The NH reports to us C1’s mother has died.

    Proof of the mother’s death must be obtained before C1’s payments can be resumed.

    NOTE: It may be necessary to develop for a new representative payee.

  2. A married B2 in Baltimore Maryland on July 31, 2000 and they returned to Morocco in August of that year. A and B2 are citizens of Morocco.

    A had lived in Baltimore for 12 years and B2 was in the U.S. for 1 year.

    A and B2 had a child, C1, in 2005. C1 has never lived in the U.S. and is a citizen of Morocco.

    A became entitled to retirement benefits and B2 and C1 were entitled as dependents in 04/2007.

    B2 cannot receive benefits because she was not in a spousal relationship with the A for 5 years in the U.S.

    C1 cannot receive benefits because B2 did not meet the 5 year residency requirement. Both parents must meet the 5 year residency requirements (if still living) for C1 to receive benefits while living outside the U.S.

    B2 and C1 are placed in alien suspense (SJ) effective 04/2007 and later.

    B2 dies on 06/03/2007 and the proof of her death has been submitted.

    C1’s benefits are payable effective 07/2007 because the A resided in the U.S. for 12 years and there is no longer the “other parent” to consider.

  3. A, a widower, is entitled to retirement benefits in 01/2006 and C1, his 4 year old child is entitled as a dependent.

    A’s deceased wife never lived in the United States.

    A resided in the U.S. for 10 years and C1 for 2 years after his mother died. C1 is a citizen of Mexico.

    A and C1 returned to live in Mexico in May 2006.

    C1 is receiving benefits while residing outside the U.S. even though the 5 year residency requirement was not met by C1 but because his natural father met the 5 year residency requirement.

    A remarried in July 2006 and his second wife has never resided in the U.S. and has not filed for benefits.

    C1 is paid through the end of June 2006. This is the last full month throughout which payment can be made. C1 is placed in alien suspense effective July 2006 because his “other parent”, his stepmother, does not meet the 5 year residency requirement. Both parents must meet the 5 year residency requirement for C1 to be paid benefits while outside the U.S. for 6 full calendar months.

  4. Same as example 3, except A and his young wife were divorced effective March 15, 2007.

    Payments are resumed to C1 effective April 2007 based on the U.S. residency of the NH. The divorce has ended the stepparent relationship.

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RS 02610.037 - Change in Child's Parental Status And The 5 Year Residency Requirement - 04/16/2018
Batch run: 04/16/2018