---
kind: "section"
citation: "20 C.F.R. § 408.228"
title: "20"
number: "408.228"
heading: "When do we consider you to be residing outside the United States?"
url: "https://uscodex.org/cfr/20/408.228"
---

# §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)](#b-2) of this 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.

## Notes

### Authority

Authority: Secs. 702(a)(5), 801, 802, 803, 804, 806, 810 and 1129A of the Social Security Act (42 U.S.C. 902(a)(5), 1001, 1002, 1003, 1004, 1006, 1010 and 1320a-8a); Sec. 251, Pub. L. 106-169, 113 Stat. 1844.

### Source

Source: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.