TN 15 (05-08)

RS 02610.042 Notice Requirements for the Alien Nonpayment Provisions

A. Inquiries About the Alien Nonpayment Provisions

When an inquiry is received on the alien nonpayment provisions, every effort must be made to answer the inquiry with an explanation of the law.

B. Explaining the Provisions

Include this information in the notice created in the Manual Adjustment Credit and Award Process (MADCAP) or in Aurora, See (NL 00719.015) - Enclosure Notice Block Elements—MADCAP History Input Screen, (NL 00719.025) - Dictated Text (Notice NOT) Screens and (NL 00702.000) - Aurora –General (Manage Text) (M/Text) and (NL 00601.720) - Notice to Beneficiary Subject to Alien Nonpayment Provision:

Step

Action

1

Give the alien the month of suspension or resumption of his/her benefits.

2

Explain why benefits are not payable to the alien, (i.e., 5 year residency is not met, or does not meet an alien nonpayment exception).

3

Explain payments may be made if the following conditions are met:

  • Entering the U.S. for any part of one day every 30 days; or

  • Establishing lawful presence in the U.S. for 30 consecutive days before the end of 6 month period of absence; or

  • Establishing lawful presence in the U.S. for a full calendar month after the 6 month period has ended.

4

Emphasize that 30 consecutive calendar days and one full calendar month is defined as 24 hours of each and every day of the period.

5

Explain that entering the U.S. for 30 consecutive calendar days or one full calendar month can break the 6 month period of absence from the U.S. and would begin a new period of absence when the alien leaves again.

NOTE: Establishing lawful presence in the U.S. during the month of February would meet the “full calendar month” requirement but not the “30 calendar day” requirement (February has 28 days).

6

Ask the alien to submit proof of his/her presence in the U.S.

7

Provide examples of acceptable evidence of presence in the U.S. See RS 02610.023-Acceptable Evidence of Presence in the U.S. for Any Part of One Day, 30 Consecutive Days, One Full Calendar Month.

8

Advise aliens who leave the U.S. for 30 or more days of the specific months that payments can be paid while outside the U.S.

9

Add the enclosure, SSA Publication No. 05-10137 (Your Social Security Check While You Are Outside the U.S. to the alien’s letter.

C. Alien Nonpayment Paragraphs and Notices

1. Manual Adjustment Credit and Award Process Direct Data Entry (MACADE) Paragraphs

  • S05 – Currently Suspended 202 (t) Exception Code – See NL 00720.340 — Suspension (Other Than Work) Paragraphs.

  • S24 – Benefits Delayed –Beneficiary not Lawfully Present in U.S. – See NL 00720.340 — Suspension (Other Than Work) Paragraphs.

  • S25 – Requirements Not Met for Payment as an Alien Lawfully Present in the U.S. – See NL 00720.340 — Suspension (Other Than Work) Paragraphs.

  • S26 – Benefits Suspended – Failure to Meet Requirements to be Considered Lawfully Present in U.S. – See NL 00720.340 — Suspension (Other Than Work) Paragraphs