The alien nonpayment provision (ANP) is a payment factor made on a month-by-month basis. It is not an entitlement factor.

Changes in the child's circumstances can affect how SSA applies the 5-year residency requirement for payment.

For example, a child who originally did not meet the 5-year residency requirement on the date of entitlement could meet it at a later date if there is a change in parental status.

A change in the family circumstances can result in a change of payment to a child and a possible change of representative payee.

It is important for technicians in the Field Office (FO), Federal Benefits Unit (FBU), and Program Service Centers (PSC) to be alert to situations which indicate a possible change in parental status.

Such information may come to the attention of technicians:

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  During the review of the annual enforcement questionnaires;

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  From reports of the parent’s death or marriage; or

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  Any other reports or information received regarding the status of a parent.

This information is in the booklet SSA-10137, “Your Payments While You Are Outside the United States.” It tells the parent or representative payee to report any changes to SSA which could affect payment based on the parent’s U.S. residence.

For more information on representative payee cases for changes of address, see GN 02605.030.

For more information about a change in payee for a beneficiary living abroad, see GN 00505.040.

Regardless of how the information is received, the action taken by the technician will depend on the current payment status of the child.

If a parent reports a change in parental status and submits proof, verify the information and then:

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  Suspend benefits beginning with the first full month during which the child cannot be deemed to meet the 5-year residency requirement; or

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  Resume benefits beginning with the first full month during which the child may be deemed to meet the 5-year residency requirement.

  NOTE: Representative payee development may be necessary.

For more information on processing first party reports for Title II adverse action situations, see GN 03001.020.

If a third party reports a change in parental status, consult GN 03001.025. Before taking any adverse actions:

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  Develop to verify the allegation;

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  Verify the allegation before suspending or terminating benefits; and

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  Document the information on the Evidence Screen in accordance with MS 01701.003.

If SSA cannot verify the change in status because:

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  The event never occurred;

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  The report was erroneous; or

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  The other parent who was the subject of the change cannot be located after a reasonable effort; then

The technician must document the case to show why there was no change in payment status resulting from the report and continue the payments to the child.

If SSA receives a report from the Number Holder (NH), the child’s payee, or from some other source that could result in the resumption of benefits to the child, explain to the payee that SSA must have documentary evidence to verify the event before resuming payments.

1. 1. 

   C1 lives with the NH, who is their natural parent, outside of the United States.

   C1's other natural parent does not live with C1 and is not receiving benefits on the same record.

   Neither C1 nor C1's other natural parent meet the 5-year residency requirement. As a result, C1's benefits are in alien suspense.

   The NH contacts SSA and reports C1’s other natural parent has died.

   SSA must receive proof of the other natural parent’s death before resuming C1’s payments.

   NOTE: It may be necessary to develop for a new representative payee.

2. 2. 

   A married B2 in Baltimore, Maryland on July 31, 2000, and they returned to Morocco in August of that year. A and B2 are citizens of Morocco.

   A had lived in Baltimore for 12 years and B2 was in the United States for 1 year.

   A and B2 had a child, C1, in 2005. C1 has never lived in the United States and is a citizen of Morocco.

   A became entitled to retirement benefits and B2 and C1 were entitled as dependents in April 2007.

   B2 cannot receive benefits because they were not in a spousal relationship with A for 5 years in the United States.

   C1 cannot receive benefits because B2 does not meet the 5-year residency requirement. Both parents must meet the 5-year residency requirements (if still living) for C1 to receive benefits while living outside the United States.

   B2 and C1 are placed in alien suspense (SJ) effective April 2007 and later.

   B2 dies on June 3, 2007, and A submitted proof of B2's death.

   SSA can pay benefits to C1 effective July 2007 because A resided in the United States for 12 years and SSA no longer considers the “other parent.”

3. 3. 

   A is entitled to retirement benefits. C1, A's 4-year-old natural child, is entitled as a dependent effective January 2006.

   A resided in the United States for 10 years. C1's other natural parent never lived in the United States and passed away before January 2006.

   C1 is a citizen of Mexico and lived in the United States for two years after the other parent died.

   A and C1 returned to live in Mexico in May 2006.

   C1 meets the social insurance exception to the ANP as a citizen of Mexico and is deemed to meet the 5-year residency requirement through A who is the only living parent. Therefore, C1 can continue receiving benefits after 6 consecutive months outside the United States.

4. 4. 

   Same as example 3, but A remarried in July 2006. A's second spouse has never resided in the United States and has not filed for benefits.

   A's second spouse is C1's new "other parent" whose U.S. residency must be considered in determining whether C1 is deemed to meet the 5-year residency requirement.

   C1 is no longer deemed to meet the 5-year residency requirement effective July 2006 because C1's "other parent," the new stepparent, does not meet the 5-year residency requirement. We can pay benefits to C1 through the end of June 2006 and suspend benefits effectve July 2006.

5. 5. 

   Same as example 4, except A divorced the second spouse effective March 15, 2007. SSA no longer has to consider an "other parent" when determining whether C1 meets the deemed 5-year U.S. residency requirement because the divorce ended the stepparent's relationship to C1.

   We can resume benefits to C1 effective April 2007 when C1 is deemed to meet the 5-year residency requirement through their only living parent.