Alien Nonpayment Rule: The 6-Month Cutoff, Exceptions, and How to Reset

Scope and why this matters

This guide explains the Social Security Act’s Alien Nonpayment Provision (ANP)—often called the 6-month rule. In short: a non-U.S. citizen who remains outside the United States (as defined for Title II) for more than six consecutive calendar months generally cannot be paid monthly Social Security benefits beginning with the seventh month, unless a statutory exception applies. The rule affects retirees, disabled workers, spouses, children, and survivors who live abroad or travel extensively.

How the 6-month rule works

Counting time outside the United States

• You start counting with the first day of the first month after you leave.
• After you have been outside for six consecutive calendar months, benefits are not payable for the seventh month and later—unless you meet an exception.
• To reset the clock, you must be physically present in the United States for an entire calendar month (i.e., 30 consecutive days/through the end of a calendar month, per SSA rules). Short trips do not reset the count.

Timeline example

Who is affected vs. who is not

• U.S. citizens: The ANP does not apply. Citizens may be paid abroad subject to other rules (banking feasibility, sanctions, address requirements, tax, etc.).
• Non-U.S. citizens: The ANP applies unless an exception fits. Different exceptions exist for workers vs. dependents/survivors.
• Representative payees: Payee status does not override ANP—payability is evaluated for the beneficiary, not the payee.

Exceptions that can allow payment after 6 months abroad

Below are the most common exceptions recognized in SSA policy. You need to prove the facts for one of them; otherwise the 6-month nonpayment applies.

1) Country-based exceptions (treaties/agreements/reciprocity)

SSA maintains lists of countries where payments may continue to certain non-citizens due to Totalization agreements or reciprocity determinations. Eligibility can depend on citizenship or residence in that country and on the beneficiary category. Country lists change—confirm with your Federal Benefits Unit (FBU).

2) The 5-year U.S. residency test for certain dependents/survivors

Non-citizen spouses, widows/widowers, and some children can be paid outside the U.S. if the person (or the worker upon whose record they claim) has met five years of U.S. residence in the marital/parent-child relationship, per the Act. The rule has nuances (which years count, step-relationships, adoptions, etc.).

3) Category-specific and historical exceptions

There are narrow exceptions for certain military service, railroad, or veterans-related situations. These are uncommon and require documentation.

4) Return-to-U.S. reset

If no exception fits, physically return to the U.S. for a full calendar month. After the reset, payment may resume while you are abroad for up to six months again (unless you meet a permanent exception).

How SSA decides payability overseas

Interactions with other rules

• Sanctions/OFAC: Even when the ANP exception is met, payments may be prohibited to certain countries/banks. SSA will withhold or your bank will reject a transfer that violates sanctions.
• Nonresident alien tax: If you are a nonresident alien paid outside the U.S., Treasury generally withholds tax on a portion of the benefit (subject to treaty relief). This is separate from ANP.
• Change in category: If a spouse becomes a widow(er) or a child turns 18/19, SSA re-tests ANP exceptions for the new benefit type.

Quick Guide (English) — 300+ words

FAQ (English)

1) I am a lawful permanent resident living abroad. Does the 6-month rule apply to me?

Yes. The ANP is based on citizenship and presence, not immigration status. Unless you are a U.S. citizen or meet an exception, payment stops after six consecutive months outside the United States.

2) What exactly counts as “a full calendar month” in the U.S. to reset payability?

You must be physically in the United States for all days of one entire calendar month (e.g., March 1–31). Entering on the 2nd or leaving on the 30th does not satisfy the requirement.

3) Do short trips back to the U.S. pause the six-month clock?

No. Anything less than a full calendar month does not reset the count; the six-month period continues.

4) I’m a non-citizen spouse living abroad. How can I keep getting paid?

See if you satisfy the five-year residency test (you and the worker lived together in the U.S. for at least five years) or if you are a citizen/resident of a country on SSA’s payable list due to agreements. The FBU can test both.

5) Do children have to meet the five-year test too?

Some children must meet variants of the five-year residency requirement when paid outside the U.S., depending on relationship (natural, adopted, stepchild) and the worker’s residence history. The FBU applies POMS rules case by case.

6) If I meet an exception, can my bank still refuse the money?

Yes. Banks must follow sanctions and internal risk policies. Use an IDD-participating bank and avoid any on sanctions lists. The FBU can identify viable corridors.

7) What happens to months I wasn’t paid because of the ANP?

They’re generally not payable for the period you were outside the U.S. without an exception. Once you reset or qualify for an exception, SSA pays going forward (retroactivity depends on facts and proof).

8) Do U.S. territories count as “United States” for the reset?

SSA’s definition of “United States” for Title II is specific and may treat territories differently. Check the current POMS section before planning; your FBU can confirm what locations qualify.

9) How does this interact with sanctions?

Even if you pass ANP, Treasury/OFAC may prohibit routing to certain countries or banks. In that case, payment is still not possible until you use a lawful route or relocate.

10) I’m a U.S. citizen spouse; does the ANP affect me?

No—the ANP applies to non-citizens. But sanctions, banking, and tax rules may still affect how and where you are paid.

Technical / Legal Basis (English)

• Social Security Act § 202(t) (42 U.S.C. § 402(t)) — Nonpayment of benefits to aliens outside the United States; establishes the six-month bar and exceptions (including five-year residence for certain dependents/survivors).
• 20 C.F.R. § 404.460 et seq. — SSA regulations implementing nonpayment to aliens outside the U.S., definitions of “United States,” counting months, and the 30-day/full calendar month presence test to reestablish payment.
• POMS RS 02610 series — SSA operating policy on the Alien Nonpayment Provisions: who is affected; how to count months; evidence for presence in the U.S.; exceptions (country lists/agreements; five-year residency with the worker; narrow historical categories).
• POMS GN 02402 — International Direct Deposit (IDD) procedures; corridor availability and name-match rules (banking feasibility distinct from ANP).
• POMS RS 02650 (related) — Nonresident alien tax withholding on benefits paid outside the U.S. (separate from payability).
• OFAC/31 C.F.R. Part 501 (context) — Sanctions compliance can further restrict routing even when ANP exceptions are met.

Conclusion

The Alien Nonpayment Provision is a time-based payability rule: six months abroad triggers nonpayment for non-citizens, with a restart after a full month back in the U.S. or upon proof of an exception. Treat it as a planning tool: map your travel, document your residence, and work with your FBU to verify country-based or five-year exceptions before the sixth month elapses. Remember that sanctions, bank policies, and tax withholding are separate layers you must satisfy even after you clear the ANP.

Compliance note: This material is for general information only and does not constitute legal advice or create an attorney–client relationship. Confirm current SSA and Treasury policy with your Federal Benefits Unit for your specific facts.