TN 12 (11-05)
RS 02650.040 Special Payment Procedures for Certain SSA-Restricted Countries
Generally, SSA does not pay benefits to beneficiaries in certain countries because SSA, through the Department of State, has been unable to obtain written assurance of free access to claimants/beneficiaries and to vital statistics records from the appropriate officials in those countries.
However, in an effort to balance SSA’s need to assure the integrity of its payments to beneficiaries in those countries against its inability to get assurances of the needed access, SSA has implemented a special procedure that permits the payment of benefits to certain eligible beneficiaries in those countries. The lack of free access to beneficiaries and records limits the procedure to eligible beneficiaries who can handle their own benefits and can visit a Foreign Service post (FSP) in that country each month to have their existence and eligibility verified. It prevents the payment of benefits to representative payees for both adult and child beneficiaries.
The success and continuance of this procedure depends on the beneficiaries’ compliance with the conditions under which payment is made and the ability of the FSPs to handle the workloads and to notify SSA promptly of events that affect the payments.
This procedure applies to eligible beneficiaries in the following countries:
An eligible beneficiary may receive payments (by check or direct deposit) while he/she is in one of the countries listed in RS 02650.040A. if:
He/she agrees to the conditions (as explained in RS 02650.040B.2.) under which payment can be made;
The FSP having jurisdiction over his/her address agrees to handle his/her monthly visits to that office and to notify SSA promptly of any events that could affect the payment of benefits; and
The payment of benefits is approved by the Office of International Programs (OIP).
2. Conditions under Which Payments May Be Made
Each eligible beneficiary must agree to the following conditions in order to receive benefits while in an SSA restricted country:
He/she must appear personally at the FSP each month. At that time, proof of identity must be submitted. If the beneficiary’s benefits are paid by check, the check will be delivered at this time. The check will not be given to anyone acting on his/her behalf nor will it be mailed.
If the beneficiary does not appear in person, the check will be returned to the Treasury Department. If he/she is paid by direct deposit, the FSP will notify SSA promptly and SSA will stop his/her benefits.
Payments will not be resumed until he/she visits the FSP and establishes his/her continuing eligibility for benefits. Payment will be made for past months if the beneficiary establishes eligibility for them.
He/she will not be paid through a representative payee. Benefits will be suspended if the beneficiary becomes unable to manage his/her own affairs.
The beneficiary must notify the FSP promptly of any change in his/her citizenship and any change of address.
The beneficiary’s family must notify the FSP if he/she becomes incapacitated or dies.
Each beneficiary, who wants to receive his/her benefits while living in one of the countries listed in RS 02650.040A., must contact the nearest FSP to request payment when he moves to that country.
The FSP will interview the beneficiary and explain the conditions under which payment can be made. It must be sure the beneficiary understands these conditions and agrees to them. The beneficiary’s agreement need not be over his/her signature as long as the material the FSP sends to SSA shows that the conditions were explained and the beneficiary understands and agrees to them.
The FSP will assist the beneficiary in completing a Form SSA-21 (Supplement to Claim of Person Outside the United States) and will obtain current proof of his/her citizenship. The beneficiary may request payment by check or direct deposit to a financial institution outside the SSA-restricted country.
The FSP will prepare a statement for SSA showing the following information and any other information applicable to that specific case:
The SSN and name of the beneficiary and his/her residence address in that country;
The beneficiary wants to receive benefits while living in that country;
The beneficiary appeared in person at the FSP and submitted evidence of identity and citizenship. If the beneficiary is a U.S. citizen, a current U.S. passport was submitted;
The FSP has verified that the beneficiary’s current citizenship;
Comment: Depending on the length of time the beneficiary has resided in that country, the FSP may obtain additional information/evidence to verify current citizenship,
The conditions for receipt of monthly benefits have been explained to the beneficiary and he/she understands and agrees to them.
The statement is attached to the SSA-21 and copies of any other documents submitted by the beneficiary. This is sent to a designated analyst in the Office of International Operations (OIO), OCO, for forwarding to OIP.
OIP reviews the material and advises OIO whether payment can be made to the beneficiary. OIP keeps a record of all the requests it receives and the action taken on each.
If payment is approved, the beneficiary’s address on the MBR is shown as that of the FSP and his/her actual residence address is shown in a Special Message.
If a beneficiary contacts SSA and asks whether he/she can be paid benefits if he/she moves to one of the countries listed in RS 02650.040A., explain that while benefits are not routinely made to beneficiaries in that country, payments may be possible under the special procedure.
Explain the procedure to him/her.
Tell the beneficiary that, if he/she believes that he/she may qualify for payment, he/she should contact the nearest FSP when he/she moves to that country and tell them that he/she wants to receive his/her Social Security benefits while in that country. (See http://usembassy.state.gov/ for information on the location of FSPs in these countries.)
DO NOT tell the beneficiary that benefits will, or will not, be paid to him/her when he/she moves. Advise him/her that a decision on whether benefits will be payable can only be made after he/she moves to one of the countries to which the procedure applies.
In considering whether a beneficiary will be eligible for benefits outside the U.S., be sure to consider the applicability of the alien nonpayment provisions, as explained in RS 02610.000.
NOTE: As shown in RS 02610.015C., citizens of the countries listed in RS 02650.040A. can not meet the social insurance (exception code 6), treaty (exception code 5) or the 10 years/40 credits(exceptions codes 3 and 4) exception to the alien nonpayment provisions.
2. Change of Address to an SSA-Restricted Country
If the beneficiary is moving to one of the countries listed in RS 02650.040A., handle the case under the normal procedures for beneficiaries moving to an SSA-restricted country. Advise the beneficiary that if he/she is paid benefits under the conditions of the special procedure, he/she will receive payments for any months benefits were suspended if he/she was eligible for those benefits.
3. Foreign Enforcement Questionnaire (FEQ)
SSA sends the FSP an FEQ (SSA-7162-OCR-SM) for completion by the beneficiary. When he or she comes to pick up the check or to have identity verified, the FSP assists the beneficiary in completing the FEQ and then returns it to SSA in the envelope provided. See RS 02655.001-.005 for more information about the FEQ.