1846. Limitations on Use of Certain Exceptions

1846.1 What limitations apply to the exceptions to the alien nonpayment provision?

Limitations apply to the use of several of the exceptions listed in §1845. The exceptions in §1845 (A.1) and (A.2) cannot be applied to any alien who is:

1. A citizen of a country that has a social insurance or pension system of general application that does not provide for full payment to eligible U.S. citizens who are outside the country; or

2. A citizen of a country that has no social insurance or pension system of general application and is a country to which Treasury Department regulations prohibit the delivery of checks. These countries are:

*Treasury restrictions apply. See also §§1847-1848.

Note: This limitation applies only to those beneficiaries who are citizens of the countries listed above. It does not affect payment to other beneficiaries on the same earnings record who are not citizens of those countries.

1846.2 What limitations to the exceptions apply to aliens entitled to benefits on another person's record?

The exceptions listed in §§1845 (A.1), (A.2), (A.3), (B.2), and (B.5) cannot be applied to an alien entitled to spouse or child (auxiliary) or survivor benefits unless certain residency requirements are met. The auxiliary or survivor must have:

1. Resided in the U.S. for a total period of at least five years; and

2. Had a relationship during the five-year period with the worker as a parent, a child, or one or more of the following:

   1. Spouse;

   2. Widow(er);

   3. Divorced spouse; or

   4. Surviving divorced spouse.

Note: The U.S. residency requirements do not apply to aliens who are citizens or residents of a country with which the U.S. has an international social security agreement (see §107) except for Australian citizens who do not reside in an agreement country.

1846.3 How does a child meet the residency requirement, other than on his or her own?

A child of the worker who cannot meet the residency requirement on his or her own may meet it if the worker and the child's other parent, if any, each resided in the U.S. for a total period of at least five years. In addition, if the child was adopted, the worker must have adopted the child in the U.S., lived with the child in the U.S. and meet a support requirement. During the period the child lived with the worker in the U.S., the worker must have provided at least one-half of the child's support for a period:

1. Beginning before the child turns age 18; and

2. Consisting of the year immediately before the month the worker:

   1. Began a period of disability;

   2. Became entitled to retirement or disability insurance benefits; or

   3. Died.

Last Revised: Nov. 15, 2004