An individual was eligible for a monthly benefit on the same earnings record (ER) for December 1956. Payment will be made even though:

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  The current benefit is of a different type than that for December 1956 (e.g. survivors benefits rather than spouse's benefits); or

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  A benefit was not actually payable in 12/56 due to not filing on time; or

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  Deductions applied for 12/56; or

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  A dependent’s entitlement to a benefit on the NH’s ER could not be established because the NH, although eligible, had not yet filed for benefits.

The NH on whose ER the alien is entitled lived in the United States for at least 10 years. The citizenship of the beneficiary determines when this exception applies; however, it is the NH’s years of residence that govern its use. For the status of countries for applying ANP exceptions based on citizenship, see RS 02610.015.

Resided in the United States means lived within the territorial boundaries of the United Sates, a U.S. Territory or Commonwealth. These include:

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  The 50 States,

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  The Territories of Alaska and Hawaii prior to January 3, 1959, and August 21, 1959, respectively, when they became states,

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  The District of Columbia,

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  The U.S. Virgin Islands,

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  The Commonwealth of Puerto Rico as of January 1, 1951,

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  Guam and American Samoa, as of September 13, 1960, and

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  The Commonwealth of the Northern Mariana Islands as of January 1, 1987.

The NH on whose ER the alien is entitled has earned at least 40 QCs. The citizenship of the beneficiary determines when this exception applies; however, it is the coverage of the NH that governs its use. Monthly benefits may be paid for the month following the 40^th QC. For the status of countries for applying ANP exceptions based on citizenship, see RS 02610.015.

For purposes of determining the 40 QCs the following should be considered:

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  The modified method of determining QC’s is not used for this exception.

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  QCs creditable only for freeze purposes are not counted;

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  Military service wage credits are counted; and

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  Railroad (RR) compensation creditable for benefit purposes is counted.

  NOTE: If the NH has any Railroad (RR) compensation creditable for benefit purposes, the RR service exception is met. This can be effective earlier than the 40^th QC and applies without regard to citizenship. For an explanation of alien exceptions, see RS 02610.010B.

The 40 QC exception can be used if the Certified ER was certified in January 1968 or later and at least 40 QCs are shown as self-employment (S/E) or wages after 1950.

From July 1968 on, beneficiaries who are citizens of certain countries may not benefit from this exception. For the status of countries for applying ANP exceptions based on citizenship, see RS 02610.015.

The beneficiary is a citizen or national of a treaty country. A treaty country is a country that has entered into a treaty with the United States allowing the payment of Social Security benefits to its citizens or nationals, regardless of the duration of the absence of those citizens or nationals from the United States. The treaty must have been in effect on August 1, 1956. The Treaty Countries are:

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  Federal Republic of Germany (West Germany);

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  Greece;

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  Republic of Ireland;

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  Israel;

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  Italy;

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  Japan; or

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  Kingdom of the Netherlands (survivor cases).

Except for the survivor case limitation in the treaty with the Netherlands, the citizens of these countries are paid monthly benefits despite their absence from the United States.

For the status of countries for applying ANP exceptions based on citizenship, see RS 02610.015.

The beneficiary is a citizen of a foreign country which has in effect a social insurance or pension system that:

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  Pays periodic benefits on account of old age, retirement or death; and

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  Pays those periodic benefits at the full rate, without restriction to eligible U.S. citizens who are outside the foreign country, regardless of the length of absence; or

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  Applies even if the citizen of the social insurance country is living in a country of which they are not a citizen. For the status of countries for applying ANP exceptions based on citizenship, see RS 02610.015.

  NOTE: Dependents and survivors entitled on the NH’s record must meet the 5–year residency requirement for this exception, as explained in RS 02610.025.

The NH on whose ER the alien is entitled had railroad service treated as employment covered by the Social Security Act.

This exception applies in every case where railroad compensation is creditable for benefit purposes, even if we do not use railroad compensation to establish insured status or we do not use the railroad compensation to compute benefits (e.g., disability freeze).

The Account (ACCT) screen of the A101 and EF101 and the Account Data line on the Master Beneficiary Record (MBR) shows Railroad information. Only the following Railroad (RR) codes qualify Railroad Service as an exception to alien nonpayment:

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  RCU — RR earnings used to establish insured status and/or compute PIA, or

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  INV — Primary NH has Railroad credits but not used for insured status or in computation of PIA.

For more information about the RR codes, see MS 03514.003 (Account Data ((ACCT)) screen) and SM 00510.070C.7 (Account ((ACCOUNT)) Data Line-Railroad Codes). In older cases, you will find the RR codes on these older forms: a SSA-794 (Earnings Record PIA Determination), SSA-2417 and SSA-101-03 (Determination of Award).

The NH died as a result of:

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  Service in the U.S. military service; or

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  Disease or injury attributable to military service; or

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  Discharged or released from service under conditions other than dishonorable.

The Veterans Administration (VA) sends VA Form 21-4180 (Request for Certification by Social Security Administration) to obtain information about the special VA non-insured payment when the VA has determined that:

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  The veteran’s death was service-connected, and

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  There are survivors who may be eligible for monthly benefits.

  NOTE: This exception does not apply to the payment of a lump sum death payment (LSDP). If the NH is or would have been in suspense for the month prior to the month of death because of the ANP, then the LSDP cannot be paid, although monthly benefits may be payable to the survivors on the deceased’s earnings record because of this exception.

The beneficiary is outside the United States because they are serving on duty in the U.S. military. Review the SSA-21 or other evidence or information indicating that the beneficiary is a member of the U.S. Armed Forces (e.g., APO or FPO address with a military serial number). Development is required to verify military service.

The alien is a resident or a citizen of a foreign country with which the United States has a Social Security agreement.

The alien nonpayment exception is effective with the date of the agreement.