Generally, section 202(t)(11) of the Social Security Act provides that no U.S. Social Security monthly benefit may be paid to an individual who is not a U.S. citizen or national for any month after the 6^th consecutive month that the individual is outside the U.S. unless the individual previously resided in the United States for at least five years and had a relationship with the numberholder as specified in the Act. However, section 202(t)(11)(E) makes an exception for individuals who are citizens or residents of a foreign country with which the U.S. has a Totalization agreement to the extent provided in such an agreement.

As explained in GN 01701.150A.2., citizens or residents of a country with which the United States has a Totalization agreement are exempt from these requirements unless an agreement includes a limitation on the exemption. The U.S.-Polish agreement does not contain any such limitation.

If a non-U.S. citizen dependent or survivor does not meet the 5-year U.S. residency requirements, develop citizenship or residence status as follows.

• •

  GN 01702.220, Evidence of Citizenship for Beneficiaries Living Outside the U.S.

• •

  GN 01702.230, Evidence of Residence

• •

  RS 02610.025, 5-Year Residency Requirements for Alien Dependents and Survivors Outside the United States