[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: 20CFR408.234]

[Page 590-591]
 
                      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. 408.234  Can you continue to receive SVB payments if you stay in the 
United States for more than 1 full calendar month?

    (a) When we will consider your foreign residence to continue. We 
will continue to consider you to be a foreign resident and will continue 
to pay you SVB payments even if you have been in the United States for 
more than 1 full calendar month if you--
    (1) Made a good faith effort to return to your home abroad within 
that 1-month period but were prevented from doing so by circumstances 
beyond your control (e.g., sickness, a death in the family, a 
transportation strike, etc.); or
    (2) Are exercising your option to be personally present in the 
United States to present testimony and other evidence in the appeal of 
an SSA decision on a claim filed under any SSA-administered program. 
This extension applies only as long as you are participating in 
activities where you are providing testimony and other evidence in 
connection with a determination or decision at a specific level of the 
appeals process (e.g., a hearing before an administrative law judge).
    (b) When you must return to your home abroad. When the circumstance/
event that was the basis for the continuation of your SVB payments 
ceases to exist, you must return to your home abroad within 1 full 
calendar month. If you do not return to your home abroad within this 1-
calendar-month period, we will consider you to have lost or abandoned

[[Page 591]]

your foreign resident status for SVB purposes and we will stop your SVB 
payments with the first day of the month following the first full 
calendar month you remain in the United States.