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

One such exception is in section 233(c)(2) of the Act. As explained in GN 01701.150A.1., certain alien 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 Portugal who receive regular retirement, survivors or disability insurance benefits, as well as those who receive Totalization benefits.

NOTE: Portuguese citizens are exempt from the Alien Nonpayment Provisions, regardless of where they reside (see RS 02610.015B). However, see C. below for information on an additional requirement and its exemption for certain dependents and survivors.

If a claimant who does not meet another exception to the alien nonpayment provisions alleges residence in Portugal, develop residence status to 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 Portuguese citizen.

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, unless they satisfy certain U.S. residency requirements (5-year residency rule). This requirement is based on the provisions of Section 202(t)(11) of the Social Security Act. During this 5-year residency, the dependent or survivor must have been in a family relationship with the Number Holder (NH).

However, Section 202(t)(11)(E) makes an exception for citizens or residents of a country with which the U.S. has a Totalization Agreement unless the Agreement includes a limitation on the exemption. The U.S.-Portuguese Agreement does not contain a limitation on this exception. Therefore, Portuguese citizens, regardless of where they reside, and residents of Portugal are exempt from these requirements.

If a non-U.S. citizen dependent or survivor does not meet the 5-year residency requirement and alleges Portuguese citizenship, develop for Portuguese citizenship or residence status.

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  GN 01701.150, Alien Nonpayment Exemptions under Totalization Agreements.

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  GN 01702.220 - GN 01702.230, Developing residence status.

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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 of Residence.

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  GN 01727.115, Definition of Portuguese Territory.

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  GN 01727.145, Additional U.S. residency requirements for alien dependents and survivors.

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  RS 02610.000, Alien nonpayment provisions.

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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.