Section 202(t)(1) of the Social Security Act provides that certain non-U.S. citizen beneficiaries will have their benefits suspended once they have been outside the U.S. for more than six consecutive calendar months, unless they meet an exception.

One such exception is in section 233(c)(2) of the Act. As explained in GN 01701.150A.1, certain non-U.S. citizen beneficiaries who would otherwise be subject to suspension under section 202(t)(1) are exempt from suspension if they reside in a country with which the United States has a Totalization agreement. This exemption applies to residents of U.K. who receive regular retirement, survivors, or disability benefits, as well as those who receive Totalization benefits.

If a claimant who does not meet another exception to the ANP alleges residence in the United Kingdom, the field office (FO) should develop for the following:

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  residence status; and

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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 U.K. citizen.

The FO should develop for U.K. citizenship and residence status for a non-U.S. citizen dependent or survivor.

Generally, we do not pay benefits to dependents and survivors who have been outside the United States for more than six months and who first became eligible for the benefits after 1984 (P.L. 98-2 section 340), unless they satisfy certain U.S. residency requirements (five-year residency rule).

This requirement is based on the provisions of section 202(t)(11) of the Social Security Act. During this five-year residency, the dependent or survivor must have been in a family relationship with the number holder (NH). If a non-U.S. citizen dependent or survivor does not meet the five-year residency requirement and alleges U.K citizenship, develop for U.K. citizenship or residence status.

Section 202(t)(11)(E) of the Act exempts citizens or residents of a country with which the United States has a Totalization agreement from the five-year U.S. residency requirement, unless the agreement includes a limitation on the exemption. The U.S.- U.K. agreement does not contain a limitation on this exemption.

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  GN 01701.150, Alien Nonpayment Exemptions under Totalization Agreements

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  GN 01702.220, Evidence of Citizenship for Beneficiaries Living Outside the United States

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  GN 01702.230, Evidence if Residence

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  RS 02610.001, Alien Non-Payment Provisions

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  RS 02610.015, Status of Countries for Alien Nonpayment Provision (ANP) Exceptions Based on Citizenship

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

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  RS 02610.030, 5 Year Residency Requirements for Spouses, Natural Child, Adopted Child, and a Parent