Section 202(t)(1) of the Social Security Act provides that SSA will suspend certain alien beneficiaries' benefits once they have been outside the U.S. for more than six months.

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 Austria who receive regular retirement, survivors, or disability insurance benefits, as well as those who receive Totalization benefits, provided they are:

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  Refugees or stateless persons; or

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  Alien auxiliary or survivor beneficiaries entitled on the Social Security number of a worker who is (or was at the time of death) a U.S. citizen, Austrian citizen, or refugee or stateless person.

Note: Austrian citizens are already exempt from the alien nonpayment provisions, regardless of where they reside. See RS 02610.015 for more information on ANP exceptions based on citizenship.

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 Austria, 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 Austrian citizen.

Generally, we do not pay benefits to dependents and survivors who have been outside the United States for more than 6 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 numberholder (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.-Austrian agreement does not contain a limitation on this exception. Therefore, Austrian citizens, regardless of where they reside, and residents of Austria are exempt from these requirements.

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

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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 of 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