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MEDICAL SERVICES POLICY MANUAL, SECTION E
E 445 Exceptions to Deeming for Alien’s Sponsor
3. Reduce the excess income amount by a living allowance for each ineligible child in the home (i.e., those not blind or determined to have a disability). If this reduces excess income to zero, there is no income to deem to the eligible child. If not proceed to #4. 4. If excess income remains after deduction of living allowances, it is deemed to the child as unearned income. If more than one eligible child is in the home, divide the income equally to each child. The amount deemed to the child as unearned income is subject to the SSI exclusions in his/her eligibility determination. Refer to MS A-214. Exceptions to Deeming for Alien’s Sponsor MS Manual 07/01/20 Deeming from the alien’s sponsor can be suspended for some aliens. The following aliens are not subject to deeming: • Aliens who do not have sponsors. • Aliens who have been battered or subject to extreme cruelty in the United States, and their children or parents who have been battered or subject to extreme cruelty. The abuse may be perpetrated by a U.S. citizen or lawful permanent residence spouse, parent, or their family members living in the same household in the U.S. This exception applies for 12 months from the date of determination that the alien has been battered. Refer to MS D-223. • Aliens who are indigent. An alien with a sponsor who signed form I-864, Affidavit of Support and the alien is unable to obtain food and shelter. If the alien lives with the sponsor, it will be assumed that the sponsor is providing food and shelter and the indigence exception will not be granted and deeming will apply. If the alien is living apart from the sponsor, consider the alien unable to obtain food and shelter if: a. The income the alien receives is less than the income limit for the category of Medicaid for which the individual would be eligible. b. The resources available to the alien are under the resource limit for the Medicaid category for which the alien would be eligible. • Aliens who can attain citizenship. • Aliens qualifying for Emergency Medicaid services only. Refer to MS B-500. • Pregnant women and children who meet one of the conditions in MS D-224.