460-1 DEFINITIONS

460-1 DEFINITIONS

460-1 A. ALLOCATION

An allocation is an amount deducted from income subject to deeming which is considered to be set aside for the support of certain individuals other than the APA applicant or recipient.

460-1 B. DEEMING

Deeming is the process of considering another person's income and resources available to meet the needs of the APA applicant or recipient.

460-1 C. DEPENDENT

A dependent for the purpose of allowing an allocation against the income of an alien sponsor is the same as a dependent for federal income tax purposes; a dependent is someone for whom the taxpayer is entitled to take a deduction on his or her personal income tax return.

460-1 D. INELIGIBLE CHILD

An ineligible child for the purpose of allowing an allocation against the income of an ineligible spouse is the natural or adopted child of either the eligible or ineligible spouse, who lives in the same household with the eligible individual, is not eligible for SSI , and who is:

Under age 18; or

Under age 22 and a student regularly attending a school, college, or a university, or a course of vocational training in preparation for gainful employment.

460-1 E. SPONSOR

A sponsor is an individual who signs an affidavit of support agreeing to support an alien as a condition of the alien's admission for permanent residence in the U.S. An alien may have more than one sponsor. For deeming purposes, a sponsor does not include an organization such as the congregation of a church or a service club, or an employer who only guarantees employment for an alien upon entry but does not sign an affidavit of support.

460-1 F. SPOUSE

Spouses are people who are married to each other. For APA purposes, this definition includes people who are known to their neighbors, relatives, or friends as a married couple or who are holding themselves out to the community as a married couple.

The State of Alaska does not recognize "Common Law" marriages as some states do. The fact that an unmarried couple is living together does not mean that they are holding themselves out to the community as a married couple.

In situations where a couple indicates that they are not married and that they do not hold themselves out to be married, and there is reason to doubt their claim, the case worker must determine their couple status based on the available evidence. Some questions that should be asked to establish whether or not the partners meet the definition of spouses are:

What name or names are they known by? Are they known as Mr. and Mrs.? How do they introduce each other to friends, relatives, or others?

How are legal contracts such as rental agreements, mortgages, loans, and tax bills written; are both names included; are the parties identified as husband and wife?

What names are utility accounts in? Credit cards?

In what names do they receive mail, magazines, or other circulars?

If they have children in common, what names are used on school enrollment records? What names were given for birth records?

Obtain documentary evidence if it is available. In questionable situations, it is essential that the reason(s) for a decision that a couple is holding themselves out to be married is thoroughly documented in the case file.

460-1G. DEPLOYED SPOUSE

An ineligible spouse who is absent from an APA household due to a duty assignment as a member of the Armed Forces on active duty is considered to be living in the same household as the APA applicant or recipient. Normal income and resource deeming rules apply.