1846.Limitations on Use of Certain Exceptions
1846.1What limitations apply to the exceptions to the alien nonpayment provision?
A citizen of a country that has a social insurance or pension system of general application paying periodic old age, retirement, or death benefits that does not provide for full payment to eligible U.S. citizens who are outside the country; or
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 currently or within 5 years prior to January 1968 prohibit the delivery of checks. These countries are:
The limitations on the exceptions in §1845 (A.1.) and (A.2.) apply to citizens of the countries shown below.
Congo, Democratic Republic of the
Sao Tome and Principe
United Arab Emirates
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.
1846.2What 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:
Resided in the U.S. for a total period of at least five years; and
Had a relationship during the five-year period with the worker as a parent, a child, or one or more of the following:
Divorced spouse; or
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 and Danish citizens who do not reside in an agreement country.
1846.3How 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:
Beginning before the child turns age 18; and
Consisting of the year immediately before the month the worker:
Began a period of disability;
Became entitled to retirement or disability insurance benefits; or
Last Revised: Oct. 21, 2015