511 DEEMED INCOME (FAM)

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Income which is considered to be available for use by an individual regardless of actual receipt. Income is deemed only from parent to child and from spouse to spouse. See Disqualified Member’s Income. To calculate deemed income, see Chapter 600, Part 611, Income Budgeting.  Types of income are deemed as follows:     

·        A portion of a sponsor’s income is deemed to an alien for a period of 3 years after the alien’s entry.

·       The income of ineligible aliens or refugees is deemed available to their children living with them when the parents’ ineligible alien or refugee status is the only cause for ineligibility from the assistance group.

·        The income of parents is deemed available to their FANF children living with them.

·        In a three-generation household, the income of grandparents—if they are not receiving assistance—is deemed available to their FANF children who are minor parents. In FANF financial assistance cases, this deemed income is available to the grandchildren in the case. Minor parents are those under age 18.

·        The income and resources of any parent or spouse receiving SSI or who is open in a separate OAA, ANB, or APTD financial assistance case is deemed available to the FANF AG only. Additionally, the SSI benefit of the parent or spouse, not the FANF dependent child, is deemed available to the FANF AG.

-    The OAA/ANB/APTD benefit is still excluded. However, in these cases, the SSI/OAA/ANB/APTD recipient is considered to be “counted" in the FANF AG, which means the SSI/OAA/ANB/APTD recipient is included in the FANF AG size and the SSI/OAA/ANB/APTD recipient's income and resources are counted towards the FANF AG (as well as the SSI recipient’s SSI benefit), but the SSI/OAA/ANB/APTD recipient is not considered a “recipient" of FANF assistance.

Treatment: Unearned Income

References: He-W 601.03; He-W 601.05; He-W 606.55; He-W 652.03; He-W 654.04; He-W 654.10; RSA 167:3-c, I; RSA 167:7, IV; RSA 167:78, XVI; RSA 167:79, V(b); RSA 167:80; RSA 167:83, II(m); 20 CFR 416.1165; 45 CFR 233.107