Understanding Nonpayment of Monthly Social Security Benefits to Aliens Outside the United States, § 404.460

The Social Security Administration (SSA) has specific rules regarding the payment of monthly benefits to non-U.S. citizens or nationals who are outside the United States.

This blog post aims to provide an overview of these rules, as outlined in § 404.460, and explain the circumstances under which benefits may or may not be paid to eligible individuals.

Section 1: Nonpayment of Benefits to Aliens Outside the United States for More Than 6 Months

The SSA generally does not pay monthly benefits to non-U.S. citizens or nationals who have been outside the United States for more than six consecutive calendar months. However, there are exceptions to this rule, which are discussed in the following sections.

Section 2: Exceptions to the Nonpayment Rule

The nonpayment provisions do not apply in certain situations, such as:

• The beneficiary was entitled to a monthly benefit for December 1956 based on the same earnings record.
• The beneficiary has resided in the U.S. for at least 10 years or earned 40 quarters of coverage.
• The beneficiary is on active military duty outside the U.S.
• The beneficiary is entitled to benefits based on the earnings record of a worker who died in the line of duty or while on active military duty.
• The beneficiary’s benefits are based on earnings covered by the Railroad Retirement Act.
• A treaty obligation prevents the nonpayment of benefits.
• The beneficiary is a citizen of a foreign country with a qualifying social insurance or pension system.

Section 3: Nonpayment of Benefits to Aliens Residing in Certain Countries

Regardless of the exceptions mentioned above, the SSA cannot pay monthly benefits to non-U.S. citizens or nationals residing in countries where the Treasury Department withholds payments, such as Cuba and North Korea.

Section 4: U.S. Residence Requirements for Certain Aliens Entitled to Benefits on a Worker’s Earnings Record

Aliens who become eligible for benefits on a worker’s earnings record after December 31, 1984, must meet additional U.S. residence requirements, depending on their relationship with the worker (e.g., child, spouse, divorced spouse, or parent).

Section 5: Totalization Agreements

The residency requirements mentioned in Section 4 do not apply if the beneficiary is a citizen or resident of a country with which the United States has a totalization agreement in force, except as provided by the agreement.

Here’s an example scenario:

John is a citizen of Canada and has been receiving Social Security benefits for several years. In August 2022, he decides to travel to Europe for an extended vacation and plans to be away for more than six consecutive months. According to section 404.460 of the Social Security Act, if John remains outside the United States for more than six consecutive calendar months, his monthly benefits may be discontinued. However, there are exceptions to this rule, such as if John is entitled to a monthly benefit for December 1956 or if he meets certain U.S. residence requirements as a non-U.S. citizen.

If John’s benefits are discontinued, he will need to return to the United States and spend a full calendar month there before the payments can be resumed. Alternatively, if John meets one of the exceptions outlined in the Social Security Act, he may be able to continue receiving benefits while living abroad.

Conclusion: Understanding the rules regarding nonpayment of monthly Social Security benefits to aliens outside the United States is essential for beneficiaries and their families. While there are exceptions to the general nonpayment rule, it is crucial to be aware of the specific requirements and limitations outlined in § 404.460 to ensure compliance and avoid potential disruptions in benefit payments.

https://www.ssa.gov/OP_Home/cfr20/404/404-0460.htm