460-2 FINANCIAL RESPONSIBILITY

460-2 FINANCIAL RESPONSIBILITY

460-2 A. INCOME AND RESOURCES OF SPOUSES

The combined income and resources of spouses who are living together are used to determine APA eligibility and benefit amount. In this section, "living together" means that the couple resides in common living quarters and facilities under domestic arrangements that create one economic unit.

Spouses who no longer live together are treated as individuals as of the first moment of the month following the month they stopped living together. Spouses who live in the same nursing home are treated as individuals, even if they share the same room.

The resources of spouses who do not live together are not considered available to one another unless the resource is jointly owned. Consider the jointly owned resources of spouses to belong totally to each spouse. Do not consider the income of spouses who do not live together available to one another.

The income and resources of spouses may be treated differently depending on whether both spouses are eligible for APA or SSI , or only one spouse is eligible. A spouse is considered eligible only if he or she applies for and accepts APA or SSI benefits.

Note: Medicaid policies may differ from APA policies in the treatment of income and resources of institutionalized spouses. Refer to Aged, Disabled and Long term Care Medicaid manual sections 523 and 524.

1. Income and resources of spouses who are both eligible for APA or SSI

The income and resources of spouses who are both eligible for APA or SSI , and who live together, are considered to be totally available to each other.

Note: If both members of a married couple are eligible for SSI and are homeless, they must be treated as eligible individuals. Living together in a homeless shelter or an automobile is not considered living in a household.

2. Income and resources of spouses, only one of whom is eligible for APA or SSI

The income and resources of an ineligible spouse, who is living with the APA applicant or recipient, are considered to be available to meet the needs of the APA applicant or recipient. The income and resources of the ineligible spouse are subject to the income and resource counting rules listed in the income and resource sections of this manual. However, certain additional income and resource exclusions may be available to the ineligible spouse depending on the situation. For example, Temporary Assistance benefits received by an ineligible spouse, as well as any income used to determine the amount of the Temporary Assistance benefit, are excluded income. See manual sections 460-4A (resource exclusions of ineligible spouse) and 460-6A (income exclusions of ineligible spouse).

Allocations from the income of an ineligible spouse for the care of an ineligible child may also be allowed under certain conditions. See manual section 460-5A .

460-2 B. INCOME AND RESOURCES OF ALIEN SPONSORS

The income and resources of an alien's sponsor and the sponsor's in-home spouse are considered to be available, subject to certain limited income and resource exclusions, and available to an alien applicant or recipient for several years. This deeming period begins with the month the alien is admitted into the U.S. for permanent residence or is granted permanent resident status, and lasts for 3 years. See manual sections 460-4B (resource exclusions of alien sponsors) and 460-6B (income exclusions of alien's sponsor). Alien sponsor deeming applies whether or not the alien and sponsor live together, and whether or not the sponsor actually makes his or her income and resources available to meet the needs of the alien.

Allocations from the income of the alien's sponsor, and from the income of the sponsor's in-home spouse, may be allowed for the sponsor, the sponsor's in-home spouse, and the sponsor's dependents. See manual section 460-5B .

Verification. An alien is responsible for providing proof of who his or her sponsor(s) is, and for obtaining the sponsor's cooperation in the development and documentation of information necessary to determine eligibility for assistance. If either the alien or the sponsor fails to cooperate, APA benefits shall be denied or terminated. If a sponsor cannot be located or leaves the U.S., making verification of the sponsor's income and resources difficult, it is the alien's responsibility to get the necessary proof. If the alien does not provide proof of the sponsor's income and resources, APA benefits shall be denied or terminated. The alien sponsor deeming provisions changed effective October 1, 1996. In addition, the U.S. Citizenship & Immigration Services ( USCIS ) is now using new, legally binding affidavits of support for sponsored aliens. Please contact Central Office policy staff for guidance on processing APA applications for sponsored aliens who applied before October 1, 1996, or sponsored aliens who are admitted under the new USCIS affidavit of support.