In August 1996, Public Law 104-193 precluded eligibility for SSI benefits for certain
fugitives and probation or parole violators. An individual receiving SSI and Title
II concurrently continued to receive the Title II benefits even though the SSI payments
were suspended. The Social Security Protection Act (SSPA) of 2004 extends the fugitive
felon nonpayment provision to Title II beneficiaries beginning January 01, 2005.
Section 202(x)(1)(A) of the Social Security Act, as amended by P.L. 108-203, provides
that, beginning 01/01/2005 no monthly benefits will be paid to any individual for
any month during which he/she has an unsatisfied Federal, state or international law
enforcement warrant for more than 30 continuous days for:
A crime, or attempted crime, that is a felony or, in jurisdictions that do not classify
crimes as felonies, a crime that is punishable by death or imprisonment for more than
one year (regardless of the actual sentence imposed); or
Violation of a condition of probation/parole imposed under Federal or State law.
Section 202(x)(1)(B) of the Act, as amended by P.L. 108-203, provides that payments
may be paid if good cause exists. Good cause may exist if:
A court finds that the individual was not guilty of the crime; or
Charges relating to the criminal offense are dismissed; or
The warrant for arrest is withdrawn (i.e., vacated); or
The individual was erroneously implicated in the criminal offense because of identity
The offense underlying the warrant was both nonviolent and not drug related and the
individual establishes that mitigating circumstances exist.
NOTE: Payment continues to all auxiliaries on the account when the wage earner (A) or disabled
wage earner (HA) is subject to the fugitive felon suspension provision indicated in
GN 02613.001A. in this section. In addition, if an auxiliary beneficiary is suspended because of
the fugitive felon suspension provisions mentioned above in this section, benefits
to the other auxiliaries on the record are not readjusted for the maximum.