[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR408.228]

[Page 589-590]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 408_SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS--Table of 
Contents
 
               Subpart B_SVB Qualification and Entitlement
 
Sec. 408.228  When do we consider you to be residing outside the United 
States?

    (a) Effect of residency on SVB eligibility. You can be paid SVB only 
for those months in which you are residing outside the United States but 
you can not be paid for a month that is earlier than the month in which 
you filed your application for SVB. You are residing outside the United 
States in a month only if you reside outside the United States on the 
first day of that month. For SVB purposes, you can be a resident of only 
one country at a time. You cannot, for example, maintain a residence in 
the United States and a residence outside the United States at the same 
time.
    (b) Definition of residing outside the United States. We consider 
you to be residing outside the United States if you:
    (1) Have established an actual dwelling place outside the United 
States; and
    (2) Intend to continue to live outside the United States.
    (c) When we will assume you intend to continue living outside the 
United States. If you tell us, or the evidence shows, that you intend to 
reside outside the United States for at least 6 months, we will assume 
you meet the intent requirement in paragraph (b)(2) of this

[[Page 590]]

section. Otherwise we will assume, absent convincing evidence to the 
contrary, that your stay is temporary and that you are not residing 
outside the United States.