1108 Households Containing Sponsored Alien Members

This section applies to those aliens identified in Chapter 4, Section 400. Definitions “Sponsored Alien” - means an alien for whom a person (the sponsor) has executed an affidavit of support. “Sponsor” - means a person who executed an affidavit of support (INS Form I-864 or I-864A) pursuant to Section 213A of the Immigration and Nationality Act on behalf of such alien. Treatment of Income/Resources of Sponsors The income and the resources of a sponsor and the sponsor’s spouse shall be deemed to be the unearned income and resources of a sponsored adult alien. The income and resources of a sponsor and the sponsor’s spouse (if he or she has executed INS Form I-864 or I-864A) shall continue to be deemed to the sponsored adult alien until such time as the alien either (a) gains U.S. citizenship or (b) worked 40 qualifying quarters of coverage as defined under Title II of the Social Security Act or can be credited with such qualifying quarters or (c) the sponsor dies. The sponsored adult alien (with worker assistance as needed) must obtain the cooperation of the sponsor and the sponsor’s spouse in providing the agency with the information and documentation necessary to determine and calculate the income and resources to be deemed to the sponsored adult alien. The sponsored adult alien is responsible for providing the names and other identifying factors of other adult aliens for whom the alien’s sponsor has signed an affidavit of support, for reporting the required information about the sponsor and sponsor’s spouse should he or she obtain a different sponsor and for reporting a change in income should the sponsor or the sponsor’s spouse change or lose employment or die during the certification period. The sponsored adult alien shall be ineligible until such time as all necessary information and verification can be obtained. The eligibility of any remaining household members shall be determined under normal procedures. The county department must consider available to the remaining household members the income and resources of the ineligible alien in determining the eligibility and benefit level of the remaining household members. A review of deemed income and resources must be done at application and recertification. Deeming of Sponsor’s Income The monthly income of the sponsor and sponsor’s spouse must be their total monthly earned and unearned income as defined in Chapter 9, Section 901 considering allowable income exclusions as defined in Chapter 9, Section 902. This income is then reduced by: 1. A 20 percent earned income deduction for earned income of the sponsor and the sponsor’s spouse. 2. An amount equal to the gross income limits for the household size of the sponsor, the sponsor’s spouse, and any dependents. These calculations must be done manually by the worker. If the alien has already reported gross income information on his or her sponsor in compliance with the sponsored alien rules of another State agency administered assistance program, the county department may use that income amount for Food Assistance Program deeming purposes, subject only to the above reductions. The county department must consider as income to the alien any money the sponsor or the sponsor’s spouse pays to the sponsored adult alien, but only to the extent that the money exceeds the amount deemed to the sponsored adult alien as determined above. If a sponsored adult alien can verify to the county department that his or her sponsor is the sponsor of other aliens, the county department must divide the income deemed by the total number of such sponsored aliens. If this total number includes an alien child, the child’s prorated share of the sponsor’s income shall be excluded. Deeming of Sponsor’s Resources The county department must deem as available to the sponsored adult alien the total amount of the resources of the sponsor and the sponsor’s spouse in accordance with resource eligibility standards reduced by $1500. If the sponsored adult alien can verify to the county department that his or her sponsor is the sponsor of other aliens, the county department must divide the resources deemed by the total number of such sponsored aliens. If this total number includes an alien child, the child’s prorated share of the sponsor’s resources shall be excluded. Exempt Aliens Deeming of income and resources do not apply to the following: 1. An alien who is a member of his or her sponsor’s food assistance household. 2. An alien who is sponsored by an organization or group rather than an individual. 3. An alien who is not required to have a sponsor under the Immigration and Nationality Act, such as a refugee, a parolee, an Asylee, or a Cuban or Haitian entrant. 4. Alien children who are under age 18. 5. A battered alien individual, alien parent of a battered child or child of a battered alien, for 12 months after the county department determines that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After 12 months, the county department must not deem the batterer’s income and resources if the battery is recognized by a court or the INS and has a substantial connection to the need for benefits, and the alien does not live with the batterer. 6. An indigent alien that the State agency has determined is unable to obtain food and shelter. An eligible sponsored alien is indigent if the sum of all the sponsor household’s income and any assistance the sponsor or others provide (cash or in-kind) is less than or equal to 130% of the poverty income guideline for the household’s size. The state agency shall determine the amount of income and other in-kind assistance provided the month of application. Each indigence determination is good for 12 months and is renewable for additional 12 months periods. For assistance in determining the applicability of deeming and the calculation of income and resources to be deemed for cases containing sponsored aliens, contact the State Policy Desk.