SSR 75-27a: SECTION 202(n) (42 U.S.C. 402(n)) -- BENEFITS -- NONPAYMENT OF BENEFITS BECAUSE OF DEPORTATION

20 CFR 404.464

SSR 75-27a

A question has been raised in the case of a claimant who was entitled to

old-age insurance benefits beginning February 1970. In November 1970, the

Social Security Administration received a Notice of Deportation from the

Immigration and Naturalization Service which indicated the claimant had

been deported in August 1970 pursuant to section 241(a)(6) of the

Immigration and Nationality Act of 1952. In accordance with section 202(n)

of the Social Security Act, it was determined initially that the

claimant's benefits were to be suspended beginning December 1970, the

month after notice of deportation was received. Upon reconsideration, it

was determined that benefits were to be suspended beginning December 1970,

the month after notice of deportation was received. Upon reconsideration,

it was determined that benefits were to be suspended beginning August

1970. As a result of a hearing, the administrative law judge concluded

that the claimant was deported under the Act of 1918, as amended by the

Act of June 5, 1920, and not pursuant to section 241(a) of the Immigration

and Nationality Act of 1952 which was similarly worded, and that

suspension of benefits did not apply.

The facts in the case disclose that a warrant for the claimant's

deportation was signed in March 1937 directing his deportation under the

Immigration Act of October 1918 as amended by the Act of June 1920.

y the

Act of June 5, 1920, and not pursuant to section 241(a) of the Immigration

and Nationality Act of 1952 which was similarly worded, and that

suspension of benefits did not apply.

The facts in the case disclose that a warrant for the claimant's

deportation was signed in March 1937 directing his deportation under the

Immigration Act of October 1918 as amended by the Act of June 1920.

The specific question was raised as to whether the Immigration and

Nationality Act of 1952 incorporated or codified the earlier acts so that

suspension under Section 202(n) of the Social Security Act would be

warranted. It has been determined by the Social Security Administration

that the reference to Section 241(a) of the Immigration and Nationality

Act of 1952 in Section 202(n) of the Social Security Act, as amended, may

not be interpreted to refer to provisions of earlier immigration acts

which were repealed by 1952 act albeit they contained verbatim, in some

instances, the same general categories for deportation, since explicit

support for such conclusion is absent in the language of section 202(n)

and its legislative history.

Accordingly, it is held that the claimant was not deported

pursuant to Section 241(a) of the Immigration and Nationality Act of 1952

and that his benefits are not subject to suspension in accordance with

Section 202(n) of the Social Security Act as amended.