Definition of the Alien Nonpayment
Provision – Section 202(t) of the
Social Security Act
The Alien Nonpayment Provision refers to
aliens who are outside the United States. An
alien is defined as a person who is a citizen of a
foreign country. Outside the United States
means outside the 50 states, the District of
Columbia, Puerto Rico, the U.S. Virgin Islands,
Guam, the Northern Mariana Islands or
American Samoa.
Section 202 (t) of the Social Security Act, states
that an alien residing outside the United States
(U.S) for six full consecutive calendar months
cannot be paid benefits beginning with the
seventh month of his /her absence. Once the 6-
month period of absence is completed and
payments have been suspended, the benefits
may not be resumed until the alien has been
back in the U.S. for one full calendar month,
See (RS 02610.041) –Lawful Presence and the
Alien Nonpayment Provisions and (RS
00204.010) - Lawful Presence Payment
Provisions (for application filed on or after
December 1, 1996.)
Benefits cannot be made to aliens residing in
certain countries notwithstanding the rules
noted above. See (RS 02650.001) - Treasury
Department Restrictions.
B. Beneficiaries Affected by Alien
Nonpayment Provisions
Alien nonpayment can apply to:
 The Number Holder (NH);
 Dependents; and
 Survivors.
C. Beneficiaries Not Affected by the
Alien Nonpayment Provision
Alien nonpayment does not apply to:
 U.S. and Naturalized Citizens;
 U.S. Nationals, (RM 10210.500B.2) -
General Information on Evidence of U.S.
Citizenship for a Social Security Number
(SSN) Card;
 NHs who meet an alien nonpayment
exception; or
 Dependents and survivors who meet an
alien nonpayment exception and were
first eligible before January 1985;
 • Dependents and survivors first eligible
January 1985 and later must meet both
an alien nonpayment exception and the
five year residence requirement unless
they meet certain conditions. See RS
02610.025B.
RS 02610.010 Exceptions to Alien
Nonpayment
A. Alien exceptions
Monthly benefits can be paid when an alien
(i.e., Number Holder (NH), dependent, or
survivor) is absent from the United States (U.S.)
if any one of the following nine exceptions is
met. Dependents/survivors entitled on the NH’s
record, who were first eligible for benefits after
December 1984, must meet the 5–year
residency requirement for certain exceptions.
See RS 02610.025 5–Year Residency
Requirement for Alien Dependents and
Survivors Outside the U.S.:
 December 1956 Eligibility;
 U.S. Resident For 10 Years;
 40 Quarters of Coverage (QC’s);
 Treaty Obligation;
 Social Insurance Exception;
 Railroad Service;
 Deceased Veteran;
 Absence Due To Service in U.S. Armed
Forces; or
 Totalization Agreement
B. Explanation of alien exceptions
 December 1956 Eligibility
An individual was eligible for a monthly
benefit on the same earnings record
(E/R) for December 1956. Payment will
be made even though:
The current benefit is of a different type
than that for December 1956 (e.g.
widow’s rather than wife’s benefits); or
A benefit was not actually payable in
12/56 due to not filing on time; or
Deductions applied for 12/56; or
A dependent’s entitlement to a benefit
on the NH’s E/R could not be
established because the NH, although
eligible, had not yet filed for benefits.
 U.S. Resident for 10 Years
 o The NH on whose E/R the alien is
entitled lived in the U.S. 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. See RS
02610.015Status of Countries for
Applying Exceptions Based on
Citizenship.
o Resided in the U.S. means lived
within the territorial boundaries
of the United Sates, a U.S.
Territory or Commonwealth.
These include:
 The 50 States,
 The Territories of Alaska
and Hawaii prior to
January 3, 1959, and
August 21, 1959,
respectively, when they
became states,
 The District of Columbia,
 The U.S. Virgin Islands,
 The Commonwealth of
Puerto Rico as of January
1, 1951,
 Guam and American
Samoa, as of September
13, 1960, and
 The Commonwealth of the
Northern Mariana Islands
as of January 1, 1987.
NOTE: Dependents and survivors
entitled on the N/H’s record must have
lived in the U.S. for only 5 years. They
are not subject to the 10–year residency
requirement. See RS 02610.025 5–Year
Residency Requirements for Alien
Dependents/Survivors Outside the U.S.
You must obtain documentary evidence
that supports allegations of 10–year
residency in order to:
 Verify several periods of
residence to meet the 10–years
residence requirement; and
 Prove the NH resided in the
home/s during this period.
The period of residence begins the day
the NH arrives in the U.S. with the
intention of establishing at least a
temporary home here. An arrival as a
visitor or tourist to the U.S. would not
begin a period of residence.
The NH can establish intent by taking
actions similar to the ones listed below
(not all inclusive):
 Arranging for lodging and the
receipt of mail;
 Establishing a bank account;
 Obtaining employment;
 Establishing a business;
 Obtaining a driver’s license; or
 Joining a church or fraternal
organization.
The period of residence continues so
long as the NH continues to maintain at
least a temporary home in the U.S., and
is physically present for a significant part
of the 10–year period.
When the file does not support the NH’s
allegation of 10-year residence in the
U.S. or if several periods of residence
must be established to total 10-years
residence in the U.S., the NH can
establish presence at the beginning of a
period of residency by:
 An official visa or passport; or
 An entry or reentry permit; or
 Various application or registration
records; or
 Lodging or employment records;
or
 Signed statements from one or
more U.S. residents confirming
the NH’s presence in the U.S.
NOTE: In RS 02610.039D Establishing
the 5–Year Residency Requirement, the
evidence listed for the 5–year residency
requirements for dependents/survivors
also applies for the NH meeting the 10–
year residency requirements.
 40 Quarters of Coverage (QC)
The NH on whose E/R 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, See RS 02610.015 Status of
Countries for Applying Exceptions Based
on Citizenship. Monthly benefits may be
paid for the month following the
40th QC.
For purposes of determining the 40 QCs
the following should be considered:
 The modified method of
determining QC’s is not used for
this exception.
 QCs creditable only for freeze
purposes are not counted;
 Military service wage credits are
counted; and
 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 40th QC
and applies without regard to
citizenship. See RS
02610.010B Exceptions to Alien
Nonpayment.
The 40 QC exception can be used if the
Certified E/R was certified in January
1968 or later and at least 40 QCs are
shown as self employment (S/E) or
wages after 1950.
CAUTION: Additional insured status
requirements must be met for certain
Alien Workers under the Social Security
Protection Act of 2004. See RS
00301.102 Additional Requirements for
Alien Workers-Social Security Protection
Act of 2004.
From July 1968 on, beneficiaries who are
citizens of certain countries may not
benefit from this exception. See RS
02610.015Status of Countries for
Applying Exceptions Based on
Citizenship.
CAUTION: Beginning July 1968 neither
the 10–year residence nor the 40 QC
exceptions may apply to an individual
who is a citizen of a foreign country
which has:
 in effect a social insurance or
pension system of general
application paying periodic old
age, retirement, or death benefits,
but not to otherwise qualified
U.S. citizens outside that country;
or
 no social insurance system of
general application but is a
country to which Treasury
regulations currently or within 5
years prior to January 1968
prohibit the delivery of checks.
See RS 02650.000 Treasury
Department and SSA Restrictions
Table of Contents.
NOTE: Dependents/survivors
entitled on the NH’s record must
meet the 5–year residency
requirement for this exception.
See RS 02610.025 5–Year
Residency Requirement for Alien
Dependents and Survivors
Outside the U.S.
 Treaty Obligation
The beneficiary is a citizen or national of
a treaty country. See RS
02610.015 Status of Countries for
Applying Exceptions Based on
Citizenship. A treaty country is a country
that has entered into a treaty with the
U.S. 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 U.S. The treaty must
have been in effect on August 1, 1956.
The Treaty Countries are:
 Federal Republic of Germany
(West Germany);
 Greece;
 Republic of Ireland;
 Israel;
 Italy;
 Japan; or
 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 U.S.
 Social Insurance Exception
The beneficiary is a citizen of a foreign
country which has in effect a social
insurance or pension system that:
 Pays periodic benefits on account
of old age, retirement or death;
and
  Pays those periodic benefits at
the full rate, without restriction to
eligible U.S. citizens who are
outside the foreign country,
regardless of his/her length of
absence; or
 Applies even if the citizen of the
social insurance country is living
in a country of which he/she is
not a citizen. See RS
02610.015 Status of Countries for
Applying Exceptions Based on
Citizenship.
NOTE: Dependents/survivors
entitled on the NH’s record must
meet the 5–year residency
requirement for this exception.
See RS 02610.025 5–Year
Residency Requirement for Alien
Dependents/Survivors Outside
the U.S.
 Railroad Service
The NH on whose E/R 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:

 RCU — RR earnings used
to establish insured status
and/or compute PIA, or
 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 MSOM MCS
014.003 ACCT Screen (ACCT), SM
00510.070C.7 Account (ACCT)
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).
NOTE: Dependents/survivors
entitled on the NH’s record must
meet the 5–year residency
requirement for this exception as
explained in RS 02610.025.
 Deceased Veteran
The NH died as a result of:
 Service in the U.S. military service;
or
 Disease or injury attributable to
military service; or
 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:
 The veteran’s death was service-
connected, and
 There are survivors who may be
eligible for monthly benefits.
NOTE: This exception does not
apply to the payment of an LSDP.
If the NH is or would have been
in suspense for the month prior
to the month of his death
because of the alien nonpayment
provision, then the lump sum
death payment (LSDP) cannot be
paid although monthly benefits
will be payable to the survivors
on the deceased’s earnings
record because of this exception.
References:
 Military Survivor Benefits
(Development) RS 01702.199
 Notice of In-Service Deaths
Received From Service
Departments RS 01702.370
 Routing the VA, Form 21-4180 RS
01702.560
  Requests for Benefit Information
VA Form 21-4180 RS 01702.580
 VA form 21-4180 RS 01702.584
 Members of a Uniformed
Service RS 01901.480
 Absence Due to Service in U.S. Armed
Forces
The beneficiary is outside the U.S.
because he/she is 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.
NOTE: Dependents/survivors entitled on
the NH’s record must meet the 5–year
residency requirement for this
exception. See RS 02610.025 5–Year
Residency Requirement for Alien
Dependents/ Survivors Outside the U.S.
 Totalization Agreement
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.
CAUTION: Additional insured status
requirements must be met for certain
Alien Workers under the Social Security
Protection Act of 2004. See RS
00301.102C.3. Additional Requirements
for Alien Workers-Social Security
Protection Act of 2004.
RS 02610.025 5 Year Residency
Requirement for Alien
Dependents/Survivors Outside
the United States (U.S.)
A. Policy
In 1983 the Social Security Act was amended
(P.L. 98-21) section 340 to include an additional
provision regarding the payment of Social
Security benefits to aliens outside the U.S.
Section 202(t)(11) of the Social Security Act
requires that certain non-U.S. citizen
dependent and survivor beneficiaries who are
first eligible for Social Security Benefits after
December 1984, must have resided in the U.S.
for at least 5 years as the spouse,
widow/widower, child, or parent of the NH, in
order to receive U.S. benefits while outside the
U.S.. See RS 02610.030 - 5 Year Residency
Requirements for Spouses, Natural Child,
Adopted Child, and a Parent
Beginning in January 1985, the alien
nonpayment provision requires that certain
alien beneficiaries entitled to dependent or
survivor benefits must meet a U.S. residency
requirement in addition to meeting exceptions:
 Code 3 – Number Holder (NH) has 10
years residence;
 Code 4 – NH has 40 Quarters of
Coverage (QC’s);
 Code 6 – Citizen of a Social Insurance
Country
 Code 7 – Railroad Service
 Code 9 – Beneficiary in Military Service
These exceptions have two-tiers and both
tiers must be met. For the first tier the alien
must meet an alien exception code. For the
second tier, the alien’s dependents or
survivors must meet the 5 year residency
requirement.
This requirement precludes paying benefits to
dependents and survivors outside the U.S.
unless:
 Dependents or survivors have resided in
the U.S. for a period of at least 5 years
during which time the relationship with
the NH as a spouse, widow/widower,
child or parent has existed.
 The beneficiaries are children who
cannot satisfy the requirement on their
own but are deemed to meet it
if both parents meet it, See (RS
02610.020) - Establishing Absence and
Presence in the United States (U.S.) and
(RS 02610.035A.) - Determining the
Other Parent.
EXAMPLES:
1. A dependent/survivor who is a citizen of
a social insurance country must
also meet the 5 year residency
requirement.
2. A dependent/survivor who is entitled on
the earnings record of a NH who has 40
QCs must also meet the 5 year
residency requirement.
B. Beneficiaries not affected by the 5
Year Residency Requirement
The 5 year residency requirement does not
apply to the:
 Dependent/survivor beneficiary who was
or could have been initially eligible
for benefits on any earnings record
before January 1, 1985;
 This includes beneficiaries who became
initially eligible for one type of benefit
on a particular earnings record after
December 31, 1984 but who were
previously eligible for a different type of
benefit on the same earnings record
before January 1, 1985.
EXAMPLE:
B2 was entitled before January 1, 1985,
was terminated when last child attained
age 16 in November 1982, and is now
re-entitled as a D in October 2006.
It is not necessary that the NH was
actually entitled or died prior to January
1, 1985. It is the eligibility of the NH and
the dependent/survivor that is
controlling.
 Dependent/survivor entitled on the
record of a NH who died in the U.S.
military service or as a result of a service
connected disease or injury;
 Dependent/survivor who is a citizen of a
Treaty country. See (RS 02610.010) -
Exceptions to Alien Nonpayment.
 Dependent/survivor who is a citizen or
resident of a country with which the U.S.
has a totalization agreement, except to
the extent provided by such agreement,
See (RS 02610.025C.) - 5 Year Residency
Requirements for Alien Dependents and
Survivors Outside the U.S.
The Australian and Denmark Totalization
agreements provide for the following
exceptions:
 Citizens of Australia who live in a non-
totalization country must meet the 5
year residency requirement. See (GN
01743.145A.) - Exception to Section
202(t)(11) Alien Nonpayment Provisions
Under the Australian Agreement.
 Citizens of Denmark who live in a non-
totalization country must meet the 5
year residency requirement. See (GN
01747.145A)--Exception to Section
202(t)(11) Alien Nonpayment Provision
under the Danish Agreement for
Dependents and Survivors.
C. Procedure for Totalization Countries
Use this procedure when the residency
requirement does not apply to a resident or
citizen of a totalization country.
 See (GN 01701.005) - International
Social Security (Totalization)
Agreements.
 See (RS 02640.001) - Determining
Citizenship.
 Assume residence in a country if there is
evidence of birth in that country and the
individual alleges residence and
currently uses an address in that
country.
 If documentary evidence of residence is
necessary (e.g., a native born Turkish
citizen alleges residence in Germany),
follow the general guidelines described
in (GN 01702.230) - Evidence of
Residence.
 In some countries (i.e., Germany,
Belgium, and Switzerland) residents
must register with local authorities and
are provided with a registration card.
This is excellent proof of residence;
request it where appropriate.
D. Periods of residency
A period of residency for a dependent/survivor
is defined as the following:
 Continuous 5 year period in the U.S.; or
 Separate periods of time in the U.S.
totaling 5 years.
NOTE: A survivor’s period of residence in the
U.S. after the NH dies may be counted toward
the 5 year period of residence.
Do not use the following as a period of
residency for a dependent/survivor:
 1 day visits;
 30 consecutive days; or
 1 full calendar month.
The 5 year residency requirement is not
satisfied by accumulating a number of periods
of “presence” in the U.S. (e.g., for shopping or
visiting relatives). The evidence of residency
must support an enduring and close The widow meets the alien exception
attachment to the U.S. for at least 5 years. code of 6 for social insurance country.
5. Same situation as above except that the
E. Examples:
widow does not file for D benefits until
March 2005.
1. The dependent/survivor is a citizen of
Mexico, a social insurance country which The 5 year residency requirement still
meets the alien exception code of 6. does not apply to the widow because
she was eligible for benefits as an E
The dependent/survivor must also meet
before January 1985.
the 5 year residency requirement to
receive payments while residing outside
the U.S.
2. The dependent/survivor is a citizen of
Singapore, a country which can meet the
alien exception code of 3 for the NH
residing 10 years in the U.S. or the alien
exception code of 4 for the NH meeting
40 QC’s.
The NH has 40 QC’s, but not 10 years
residency in the U.S. The
dependent/survivor meets the exception
code of 4.
The dependent/survivor must also meet
the 5 year residency requirement to
receive payments while residing outside
the U.S.
3. The dependent/survivor is a citizen and
resident of Japan, a Treaty country.
The dependent/survivor does not have
to meet the 5 year residency
requirement because he/she is a citizen
and resident of a treaty country which
meets the alien exception code of 5.
Payments can be made to the
dependent/survivor while residing
outside the U.S. indefinitely.
4. The dependent/survivor is a citizen and
resident of Samoa.
The NH died in January 1984 at the age
of 64. Although he was fully insured at
age 62, he elected not to file for
retirement benefits because he was still
working. The NH’s widow received E
benefits effective with January 1984. The
E benefits terminated in March 1986.
The NH’s widow filed for D benefits in
January 2004 at the age of 63. Her date
of birth is April 1, 1940.
The 5 year residency requirement does
not apply to the widow because she
filed for benefits before January 1985.