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).
However, 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 provides otherwise or includes a limitation
on the exemption. The U.S.- Luxembourg Agreement does not contain a limitation on
this exemption. Therefore, Luxembourg citizens (regardless of where they reside),
and non-U.S. citizen beneficiaries who are residents of Luxembourg meeting an exception
to the Alien Non-payment Provisions, and who qualify for U.S. dependents or survivors
benefits, are exempt from the five-year U.S. residency requirement.
NOTE: The exception also applies to the additional requirements for adopted children. See
RS 02610.030.