611.03 Deeming Principles (FAM)

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Deem income from:

·        Alien sponsor to qualified alien.

·        FANF spouse to FANF spouse residing together.

·        Parent to children who are under the age of 18 years old if they are residing in the home and applying for financial assistance on their own.

·        Grandparents to the AG if the household resides in the same home and the case head is under the age of 18 years old (for financial assistance).

·        Parent who is ineligible to receive assistance (e.g., ineligible alien) to the FANF case.

Calculate the available deemed income (ADI) of the parent(s) or ineligible individual to the children as follows:

1.     Subtract the employment expense disregard appropriate to the type of case (i.e., 20% of earned income for FANF Financial assistance) from the monthly gross earned income of each employed parent/ineligible individual. This is the net earned income for each individual.

2.     Add together the net earned income for each individual.

3.     Add the countable unearned income to the amount in Step 2.

4.     Calculate and subtract the next 2 items:

·         any child support or alimony actually paid by the parents/ineligible individual; and

·         the standard of need for the household size that represents:

-       the parents/ineligible individual; and

-       any other individuals either in the home who are not included in the assistance group, or individuals outside of the home who could be claimed as legal dependents. See Table A.

Example

An ineligible Parent A in the home has $2,500 a month in gross earned income. The other parent, Parent B, has zero income, and the child has zero income. Parent B applies for FANF financial assistance.

1.  $2,500 minus 20% (employment expense disregard) equals $2,000 (individual net earned income for Parent A).

2.  $2,000 minus $1,682 (SON for 1—Parent A) equals $318.

3.  $318 is the available deemed income (ADI).

Alien Sponsor: Apply the following deeming policy to sponsored aliens.

·        Sponsor refers to individuals only who executed an affidavit of support or similar agreement on behalf of the alien as a condition of the alien’s entry.

·        Deem the income and liquid resources (e.g., bank accounts, stocks, bonds) of an alien’s sponsor and the sponsor’s spouse to the alien for 3 years after the alien enters the U.S.

·        The income of the sponsor and the sponsor’s spouse is deemed to be available and treated as unearned income.

Exception: Do not calculate deemed income/resources if the sponsor is receiving FANF, SSI, or receiving an adult category of assistance.

Calculate available deemed income from alien sponsors as follows:

1. Subtract 20% (up to a maximum of $175) from the monthly gross earned income of the sponsor and the sponsor’s spouse and total the resulting individual net earned income amounts. The result is the net earned income.

2.  Add net earned income and all unearned income of the sponsor and the sponsor’s spouse.

3.  Subtract all of the following:

·        the SON for the sponsor, sponsor’s spouse, and all individuals living in the home who could be claimed as legal dependents for tax purposes; and

·        any amounts actually paid to legal dependents who are not in the home and could be claimed as legal dependents for tax purposes; and

·        any amount actually paid by the sponsor or the sponsor’s spouse for child support or alimony. The result is the available deemed income to the alien.

Calculate available deemed resources from alien sponsors as follows:

1.     Compute the total countable resources of the sponsor and the sponsor’s spouse.

2.     Subtract $1,500. The balance is the available deemed resources.

Verification: The sponsored alien and their spouse are responsible for providing the District Office with any information/documentation necessary to determine the income and/or resources of the alien’s sponsor and the sponsor’s spouse for the time period in which the individual requires a sponsor.

The alien or alien’s spouse are also responsible for documenting that the sponsor also sponsors other aliens, the number of other aliens sponsored and for obtaining any necessary cooperation from the sponsor.

Deem the resources of recipients of SSI, OAA, ANB, or APTD to the FANF financial assistance AG only.

Reference: He-W 601.03; He-W 606.55; He-W 641.01; He-W 641.02; He-W 652.03; He-W 654.10; He-W 654.13; He-W 656.03; He-W 656.04; RSA 167:3-c,I; RSA 167:7,IV; RSA 167:80; RSA 167:81; 45 CFR 233.20(a)(2)-(a)(3)51; 45 CFR 233.52