Basic (11-81)
NL 00711.090 International Operations Deductions and Nonpayment Paragraphs
3801. WORK DEDUCTIONS — 7 DAY TEST — GENERAL
Under the 7-day work test, benefits will be withheld for any month in which a beneficiary
is employed on 7 or more days, regardless of how little he earns or how few hours
he works during those days.
3803. OVER 72
(a) If, (b) Since you are over 72, no benefits will be withheld because of your work.
3804.A TO BENEFICIARY
If you do any work or engage in any business while outside the United States, you
may not be eligible to receive a benefit payment for any calendar month during which
you work on any part of 7 or more days. This is true regardless of how little you
earn or how few hours you spend working during these 7 days.
3804.B CHECK TO BE RETURNED
Any check you receive for a month in which you work on 7 or more days or were otherwise
not eligible for payment should be returned to the Treasury Department, Director,
Disbursing Center, P.O. Box 7838, Philadelphia, PA 19101, U.S.A.
3805. U.S. CITIZENSWORKING OUTSIDE U.S. IN NONCOVERED REMUNERATIVE ACTIVITY EMPLOYEE
Your employment with (a) name and address of employer is not covered under the Social Security Act because you are working for a foreign
employer and the wages you receive are not subject to United States social security
taxes. Therefore, you are subject to the 7-day work test. (b) Add paragraph 3801 above .
3809. SOLE OWNER OF TRADE OR BUSINESS
Since you are the only individual engaged in the business you own, we must determine
whether you were active in the business on a part of 7 or more days during a month.
If not, we must determine whether you held yourself out to others as being available
for such services on 7 or more days of the month. If you believe neither applies in
your case, it will be necessary for you to specifically explain which month you were
not performing services and why you were not available to perform such services on
a part of 7 or more different days a month.
3811. ALIEN WORKING OUTSIDE U.S. — EMPLOYEE
Since you are not a citizen of the United States, your employment while outside of
the United States is not covered under the Social Security Act even though you are
working for an American employer. Therefore, you are subject to the 7-day work test.
3811.1 ALIEN WORKING OUTSIDE U.S. — DEDUCTIONS APPLY
Your employment is not covered under the Social Security Act (a) even though you are working for an American employer because, (b) because you
are working for a foreign employer and the wages you receive are not subject to United States social security taxes. Therefore,
you are subject to the 7-day work test. Accordingly, since you are working on a part
of 7 or more days in a calendar month, work deductions must be made against your benefits.
The amount of your earnings and the number of hours worked on any particular day do
not matter.
3811.2 SELF-EMPLOYED OUTSIDE THE U.S. — ALIEN
While you are under age 72, self-employment outside the U.S. may make you ineligible
to receive benefits for some months. If the earnings from your trade or business are
not reportable to the Internal Revenue Service as being subject to U.S. social security
taxes, a 7-day test applies. That is, you are not eligible to receive benefits for
any month in which you are self-employed on 7 or more days.
The amount of earnings and number of hours you work on any particular day do not matter;
the mere fact that you are (a) type of activity on 7 or more different calendar days or that you are available to (b) type of activity on 7 or more different calendar days during a month requires that we withhold your
benefit payments for such month.
3815. W/E'S WORK DEDUCTIONS AGAINST AUXILIARY BENEFITS — FOREIGN
Benefits to your wife, children, etc. cannot be paid for any month in which your benefits are withheld because of your
work.
3816. MAXIMUM BENEFIT CASE — BENEFICIARY SUBJECT TO DEDUCTIONS, BUT RECEIVES PARTIAL RATE
If a beneficiary does any work or carries on any business while outside the United
States, he may not be eligible to a benefit payment for any calendar month during
which he works on any part of 7 or more days. However, a beneficiary may, in some
cases, continue to receive a portion of his benefits even though he is employed. This
would occur where there are several beneficiaries in the family, and, to keep within
the maximum amount payable to the family, benefits have been reduced in an amount
which equals or exceeds the monthly benefits the working beneficiary ordinarily receives.
In this case, the working person may receive $ (a) as long as no other beneficiary in the family works or is otherwise subject to deduction
or termination of benefits. You should notify us immediately if (b) or (c) stop(s) working on 7 or more days a month so that our records can be changed.
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(a)
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amount
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(b)
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you
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(c)
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name of beneficiary
3817. MAXIMUM BENEFIT CASE — BENEFICIARY SUBJECT TO DEDUCTION, BUT RECEIVES FULL RATE
In certain cases, a beneficiary may receive all of his benefits even though he is
employed. This would occur where there are several beneficiaries in the family, and,
to keep within the maximum amount payable to the family, benefits have been reduced
in an amount which equals or exceeds the monthly benefits the working beneficiary
ordinarily receives. This applies as long as no other beneficiary in the family works
or is otherwise subject to deduction or termination of benefits. However, you should
notify us immediately if (a) or (b) stop(s) working on 7 or more days in a month so that our records can be changed.
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(a)
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you
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(b)
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name of beneficiary
3818. WORK DEDUCTIONS — WAGE EARNER — NO PAYMENT DUE BECAUSE OF FULL WORK DEDUCTIONS
No benefits are payable at this time since you are working on 7 or more days each
month. If you stop working, you should notify us immediately so that your benefits
may be resumed.
3819. WORK DEDUCTIONS — AUXILIARY — PAST EMPLOYMENT
Since your spouse was employed from (a) month and year , through (b) month and year , no benefits were payable. Consequently, none can be paid to (c) you, your child, your children for that period.
3819.1 WORK DEDUCTIONS — AUXILIARY — PRESENT EMPLOYMENT
Since your spouse is not eligible to receive benefits now because of employment which
began in (a) month and year , no benefits can be paid to (b) you, your child, your children beginning with that month.
3819.2 WORK DEDUCTIONS — AUXILIARY — GENERAL
Under the provisions of the Social Security Act, the (a) wife, (b) husband, (c) child, (d) children may not be paid benefits for any month in which the worker is not eligible to receive
his benefits because of work.
3820. PAYMENT RESUMED — BASED ON STATEMENT NO LONGER WORKING ON 7 OR MORE DAYS A MONTH
Your benefit payment is being resumed based on your statement that you will not work
on 7 or more days a month beginning . If you do not stop work as planned, please notify us immediately.
3822. DEPORTATION — DEPORTED WORKER
Some deported workers may not be paid social security benefits unless lawfully readmitted
to the United States for permanent residence. This nonpayment provision is effective
if the worker was deported after September 1, 1954, under certain provisions of the
Immigration and Nationality Act.
3822.1 DEPENDENTS OF DEPORTED WORKER
Dependents or survivors can receive monthly benefits even though the worker cannot
be paid because of his deportation. However, if they are not U.S. citizens, no benefits
will be paid to them for any month in which they are outside the United States.
3822.2 LSDP OF DEPORTED WORKER
No lump sum death payment can be paid on the social security record of a worker who
was deported after September 1, 1954, under certain provisions of the Immigration
and Nationality Act.
3824. ALIEN NONPAYMENT — GENERAL
A beneficiary who is not a United States citizen cannot be paid monthly benefits after
he has been outside the United States for six full consecutive calendar months unless
certain conditions are met. These conditions are explained in the enclosed publication.
However, benefits can be started again if the beneficiary returns to the United States
and lives here for one full calendar month. This, of course, means he must be in this
country continuously from before midnight of the last day of one month until after
midnight of the last day of the next month.
NOTE TO TYPIST: Enclose SSA Publication No. 77-10137 (or current revision)
3824.1 INQUIRY REGARDING PAYMENT OUTSIDE UNITED STATES BY UNITED STATES CITIZEN
The restriction on payments of social security benefits to persons absent from the
United States for more than 6 months does not apply to citizens of the United States.
Therefore, as long as (a) or (b) a United States citizen, length of absence from the United States will not affect
payment of (c), (d), or (e) benefits.
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(a)
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you are
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(b)
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a person is
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(c)
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your
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(d)
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his
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(e)
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her
3824.2 GENERAL INFORMATION REGARDING CITIZENS OF COUNTRIES WHERE 10 YEARS' RESIDENCE AND
40 QUARTERS OF COVERAGE EXCEPTIONS NO LONGER APPLY
Beginning July 1968, a worker's 10 years' residence in the United States or 40 calendar
quarters of coverage under the United States social security system does not protect
payment to citizens of countries having a social insurance or pension system of general
application, which does not pay benefits at the full rate to qualified United States
citizens outside that country. Once a citizen of such a country is outside the United
States for more than six full consecutive calendar months, his benefits will be stopped
unless he meets some other exception to the nonpayment provision.
The exceptions are explained in the enclosed publication.
NOTE TO TYPIST:Enclose SSA Publication No. 77-10137 (or current revision)
3824.3 EXPLANATION OF RETURNING TO THE UNITED STATES TO CONTINUE TO RECEIVE BENEFITS
If a person is not a United States citizen and meets none of the conditions which
permit payment of benefits outside the United States, in order for us to continue
payments he must:
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(1)
Return to the United States at least once every 30 days;or
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(2)
Return to the United States for 30 full consecutive days prior to the end of the 6-month
period.
If neither of the above is done, benefits will be stopped after an absence of 6 months.
Once benefits are stopped, the beneficiary must return to the United States for one
full calendar month before benefits are resumed. This means he must be in the United
States continuously from before midnight of the last day of one month until after
midnight of the last day of the next month.
3824.4A. REPLY TO COMPLAINT-TYPE CORRESPONDENCE FROM CITIZENS OF COUNTRIES WHERE 10 YEARS'
RESIDENCE AND 40 QUARTERS OF COVERAGE EXCEPTIONS NO LONGER APPLY — PUBLICATION ENCLOSED
Enclosed is a publication which fully explains the effects of the law on social security
beneficiaries who are outside the United States.
NOTE TO TYPIST: Enclose SSA Publication No. 77-10137 (or current revision).
3824.4 B. COUNTRY OF CITIZENSHIP KNOWN
The information available to the Social Security Administration indicates that (a) name of country of citizenship has a social insurance or pension system which will not pay qualified United States
citizens at the full rate outside of that country. The fact that (b) or (c) resided in the United States for 10 years or more or earned 40 quarters of coverage
under the United States social security system will not protect payment of benefits
on this earnings record.
Benefits will be stopped beginning (d) unless (b) or (c) returns to the United States before then.
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(b)
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you
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(c)
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the worker
3824.5 NOT YET ABSENT 6 MONTHS — CITIZENSHIP DETERMINED — SUSPENSION APPLICABLE
Your social security benefits will be stopped beginning , unless you return to and remain in the United States for 30 days before that month.
Since you are not a citizen of the United States, your benefits can be paid only for
6 months after you leave this country unless you return to the United States before
the expiration of the 6-month period, as explained in the enclosed publication.
Benefits are not stopped if any of the conditions listed in the publication for permitting
payment are met. We have determined, however, that none of these exceptions apply
to your claim.
NOTE TO TYPIST: Enclose SSA Publication No. 77-10137 (or current revision).
3824.6 NOT YET ABSENT 6 MONTHS — CITIZENSHIP NOT DETERMINED
A beneficiary who is not a United States citizen cannot be paid monthly benefits after
he has been outside the United States for 6 full consecutive months unless one of
the conditions listed in the enclosed booklet is met. The conditions which might apply
in your case are those which are dependent on your citizenship.
NOTE TO TYPIST: Enclose SSA Publication No. 77-10137 (or current revision).
Citizenship Undetermined
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(A)
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Since you have not submitted sufficient evidence to enable us to determine the country
of which you are a citizen, your benefits will be stopped beginning date .
Alleges U.S. Citizenship
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(B)
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If you are a citizen of the United States, you should get in touch with the nearest
United States Foreign Service post and obtain a formal statement or other evidence
of your United States citizenship. Your benefits will be stopped beginning (a) date if proof of your United States citizenship is not received before then.
Alleges Citizenship of Country That Meets an Exception
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(C)
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If you are a citizen of (a) country, please submit proof of your citizenship. This can be a formal statement issued by
officials of your country of citizenship indicating that you are a citizen of that
country. Your benefits will be stopped beginning (b) date if proof of your citizenship is not received before that month.
3824.7 WHEN EVIDENCE OF BENEFICIARY'S ALLEGED UNITED STATES CITIZENSHIP MUST BE DEVELOPED
You should get in touch with the nearest United States Foreign Service post for a
formal statement or other evidence of United States citizenship. This information
should then be sent to this office as soon as possible.
3825. NONPAYMENT LUMP-SUM DEATH PAYMENT (LSDP) — OUTSIDE U.S. MORE THAN 6 MONTHS
No lump-sum death payment can be paid on the social security earnings record of a
worker who is not a citizen of the United States and who could not have received a
monthly benefit for the month prior to the month of his death because of his absence
from the United States for a period of more than six full consecutive calendar months.
3825.1 NONPAYMENT LSDP — BENEFITS STOPPED
If a worker dies outside the United States while his benefits were stopped due to
his absence from the United States, no lump-sum death payment is made on his social
security earnings record.
3827. TREASURY RESTRICTIONS — GENERAL
Under Treasury Department regulations, we cannot make payments to residents of Cuba
and North Korea.
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(A)
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While a beneficiary is in (a) or (b) , no benefit payments may be made to him, nor may payments be made to anyone else
on his behalf under power of attorney or otherwise.
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(B)
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Benefits to a United States citizen which are withheld while he is in (a) or (b) can be paid if the prohibition against delivery of checks is lifted or he leaves
the country.
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(C)
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In the event he leaves the country involved, it will be necessary for him to submit
evidence that he is eligible to receive benefits.
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(a)
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one of the above named countries
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(b)
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name of country
3828. A. TREASURY RESTRICTIONS — RESIDENCE
Persons who are not citizens of the United States and reside in one of the countries
where delivery of checks is prohibited by Treasury Department regulations are not
eligible for benefits after June 1968.
3828. B. ACCRUAL PRIOR TO JUNE 1968
Payment of any benefits accrued prior to July 1, 1968, may not be in excess of the
last 12 months benefits. Such payment may be made only to the entitled person, or
if he is deceased, only to a person entitled to monthly benefits on the same earnings
record as the deceased for the month in which he died. However, such payments can
be made only when the beneficiary is in a country where payment is not restricted
or the restriction is removed.
3829. LUMP-SUM DEATH PAYMENT OF RESIDENT AND CITIZEN OF RESTRICTED COUNTRY
No lump-sum death payment can be paid on the social security earnings record of a
worker who is not a citizen of the United States and who, in the month before his
death, was residing in a country where Treasury Department regulations prevent delivery
of checks.
3831. CONDITIONS UPON WHICH PAYMENT MAY BE MADE TO RESIDENTS NOW IN BARRED COUNTRY
The Treasury Department restriction on the issuance of checks to (a) name of barred country has no effect on eligibility to benefits of a United States citizen under the social
security law. If and when the Treasury Department restriction is removed or if the
beneficiary moves or visits a country to which checks may be sent, all the withheld
benefits to which he is otherwise entitled may be paid. However, this may be done
only upon the satisfactory establishment of the beneficiary's identity and continued
eligibility to the accrued monthly benefits.