Section 202(t)(1) of the Social Security Act (ANP) generally provides that the Social Security Administration (SSA) does not pay benefits to a beneficiary who:

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  Is not a U.S. citizen; and

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  Has been outside the United States for six consecutive calendar months.

Swiss citizen number holders (NHs) were already exempt from the ANP prior to the effective date of this Agreement, as explained in RS 02610.015. Under the Agreement, non-U.S. citizen beneficiaries who are residents of Switzerland are exempt from the ANP if they are Swiss citizens, refugees or stateless persons, or if they are family members of Swiss citizens, refugees or stateless persons.

If a claimant who does not meet another exception to the alien nonpayment provisions appears to fall into one of the above categories and alleges residence in Switzerland, verify that the exemption provided by the Agreement applies by developing the following:

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  Residence status;

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  Refugee or stateless person status, if the claimant alleges such status, or in the case of an auxiliary or survivor it is alleged that the worker is (or was at the time of death) a refugee or stateless person; or

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  Citizenship of the worker, if a dependent or survivor alleges that the worker is (or was at the time of death) a U.S. or Swiss citizen.

Section 202(t)(11) of the Social Security Act requires certain non-U.S. citizen dependent and survivor beneficiaries who have been outside of the United States for more than six consecutive calendar months to satisfy a five-year U.S. residency requirement in order to receive benefits. During this five-year U.S. residency, the dependent or survivor must have been in a family relationship with the number holder (NH).

Under the terms of the Totalization Agreement with Switzerland, alien dependent and survivor beneficiaries who are Swiss citizens, refugees or stateless persons, and who are residing in Switzerland can receive U.S. Social Security benefits for which they qualify even if they do not meet the five-year U.S. residency requirement. This applies to both "ordinary" and Totalized benefits.

If an alien dependent or survivor beneficiary who is a Swiss citizen, a refugee or a stateless person does not meet the five-year U.S. residency requirement and alleges that they are a resident of Switzerland, develop for Swiss citizenship or residence status.

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  GN 01702.105D, Developing Residence Status.

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  GN 01702.220 - GN 01702.230, Developing citizenship and residence status.

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  RS 02610.000, Alien Nonpayment Provisions.

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  RS 02610.015, Status of Countries for Applying Exceptions Based on Citizenship.

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  RS 02610.025, Residency requirements for alien dependents and survivors outside the U.S.