49-037 SPONSOR DEEMING

.1 Sponsor-deeming rules apply regardless of whether or not the sponsor actually provides the non-citizen with any support. Sponsor-deeming rules include counting the income and resources of the sponsor as belonging to the non- citizen, verifying the sponsor’s information, establishing the correct deeming period, interaction with other deeming rules, and applying appropriate exceptions and income or resource exclusions in determining the amount of income and resources to be deemed to the non-citizen. .2 Sponsor deeming for non-citizens whose sponsor signed the New Affidavit of Support .21 Deeming from a sponsor who signed a New Affidavit of Support applies to a non-citizen who is eligible for basic CAPI unless one of the following occurs: .211 The sponsor dies or .212 The non-citizen becomes a naturalized citizen or .213 The non-citizen is credited with 40 quarters of coverage as defined under Title II of the Social Security Act. .22 For a non-citizen who is ineligible for basic CAPI, deeming from a sponsor who signed a New Affidavit of Support applies for 10 years from the date of the sponsor’s execution of the Affidavit or the date of the non-citizen’s arrival in the United States, whichever is later. .23 Sponsor deeming does NOT apply under either basic CAPI or extended CAPI if a sponsor has signed a New Affidavit of Support and any of the following is true: .231 The non-citizen, the non-citizen’s minor child, or the non-citizen’s parent if the non-citizen is a minor child, is a victim of abuse as defined in MPP Section 49-020.313, and the victim is living in a different household than the abuser or .232 The county determines that the non-citizen is a victim of abuse by his or her sponsor or the sponsor’s spouse or .233 The county determines that the non-citizen meets the criteria for the indigence exception as described in MPP Section 49-037.4. .24 For both basic CAPI and extended CAPI, when the sponsor has signed the New Affidavit of Support and the sponsor is the non-citizen’s ineligible spouse or parent, sponsor-deeming rules apply instead of rules regarding deeming from an ineligible spouse or parent. Effective 10/16/03 .3 Sponsor deeming for non-citizens whose sponsor signed the Old Affidavit of Support .31 Deeming from a sponsor who signed an Old Affidavit of Support applies to non-citizens who are eligible for basic CAPI unless one of the following occurs: .311 The sponsor dies or .312 The non-citizen has resided in the United States for three years since the date of admission for permanent residence as established by the Immigration and Naturalization Service. .32 For a non-citizen who is ineligible for basic CAPI, deeming from a sponsor who signed an Old Affidavit of Support applies for 10 years from the date of the sponsor’s execution of the Affidavit or the date of the non-citizen’s arrival in the United States, whichever is later. .33 Sponsor deeming does not apply under either basic CAPI or extended CAPI if a sponsor has signed an Old Affidavit of Support and any of the following is true: .331 The non-citizen becomes blind or disabled as defined for SSI/SSP purposes after admission to the United States or .332 The non-citizen is not Lawfully Admitted for Permanent Residence (LAPR) to the United States as determined by the Immigration and Naturalization Service or .333 The county determines that the non-citizen is a victim of abuse by his or her sponsor or the sponsor’s spouse. .34 For both basic CAPI and extended CAPI, when the sponsor has signed the Old Affidavit of Support and the sponsor is the non-citizen’s ineligible spouse or parent, rules regarding deeming from an ineligible spouse or parent apply instead of sponsor-deeming rules. .4 The indigence exception for non-citizens whose sponsor signed the New Affidavit of Support .41 The indigence exception applies when all of the following are met: .411 Sponsor-deeming results in denial, suspension, or reduction of CAPI benefits; .412 The non-citizen is unable to obtain both food and shelter; Effective 10/16/03 .413 The non-citizen completes and signs the CAPI Indigence Exception Statement (SOC 809) and .414 The county determines that the indigence exception applies. .42 The indigence exception does NOT apply when: .421 The non-citizen lives with his or her sponsor, or .422 The non-citizen lives with someone other than the sponsor and receives free room and board. .43 If the non-citizen is living apart from his or her sponsor and not receiving free food and shelter in another person’s household, the non-citizen shall be considered unable to obtain food and shelter if: .431 The total gross income that the non-citizen receives from all sources is less than the federal SSI Individual rate if the non-citizen is not living with his or her spouse, or the federal SSI Couple rate if the non-citizen is living with his or her spouse, and .432 The resources available to the non-citizen are less than the applicable CAPI resource limit. .44 The total gross income and available resources counted for the purpose of determining whether the non-citizen is unable to obtain food and shelter consist of: .441 All of the non-citizen’s own income (including income normally excluded such as General Assistance and Food Stamps) and resources (including liquid resources normally excluded such as burial funds); .442 The income and resources of the non-citizen’s spouse (if living together) or parent(s) (if living with the minor non-citizen); and .443 Any cash, food, housing, or other assistance provided by other individuals or agencies (including the sponsor). .45 The indigence exception applies for a 12-month period. .451 The period begins whenever all of the conditions are met and runs for 12 consecutive months (including nonpayment months). Effective 10/16/03 .452 Sponsor-deeming does not apply during the 12-month period. .453 The exception period ends with the last day of the 12th month unless a new indigence determination is made prior to the expiration of the existing period. If all the criteria in MPP Section 49-037.41 are met, a new 12-month period may begin any time after the current period expires. .46 The county must do all of the following whenever the non-citizen has requested the indigence exception: .461 Obtain a completed form (SOC 809) signed by the non-citizen specifically applying for the exception that provides information regarding his or her living arrangements and income. .462 Contact the sponsor to confirm the non-citizen’s allegations regarding the amount of income and resources that the sponsor provides or makes available to the non-citizen. (a) Contact INS for the sponsor’s address if the sponsor’s whereabouts are unknown. (b) If the sponsor cannot be located, accept the non-citizen’s allegation if it is credible and does not conflict with other information in the file. .463 Based on all available evidence, prepare a written determination as to whether the indigence exception applies or not. If the exception does apply: (a) Determine the amount of income and support the non-citizen receives from the sponsor plus other sources, and the resources available to the non-citizen. Determine CAPI eligibility and payment amount based on these figures. (b) Notify the Immigration and Naturalization Service and the Department of the determination. .5 Verification of Sponsor Information .51 The non-citizen is responsible for obtaining the sponsor’s cooperation in developing and documenting the information needed to determine the sponsor’s income and resources, the information needed to make an indigence exception determination, or any other information from the sponsor needed to apply the deeming rules described in this sub-chapter. Effective 10/16/03 .511 If a sponsor cannot be located or leaves the United States, it is the non-citizen’s responsibility to obtain evidence of the sponsor’s income and resources. .512 If the non-citizen does not provide requested verification of the sponsor’s income and resources including a signed statement from the sponsor regarding his or her income and resources, the county must deny the application or suspend eligibility and payment in accordance with MPP Sections 49-015.13 or 49-060.1(d). .52 The county must verify alleged lack of sponsorship with the Immigration and Naturalization Service whenever a non-citizen who is Lawfully Admitted for Permanent Residence (as determined by the Immigration and Naturalization Service) alleges not having a sponsor. .53 The county must request a signed statement from the sponsor(s) regarding the income and resources of the sponsor(s), unless the statement of the non-citizen regarding the sponsor(s)’ income and resources would preclude CAPI eligibility. .54 The county must ensure that a copy of the Affidavit is in the file and must compare it with the sponsor’s allegations regarding income and resources if the allegations appear to allow eligibility for the non-citizen, unless the non-citizen is exempt from sponsor deeming under any other provisions of this subchapter. .541 The non-citizen is ultimately responsible for obtaining a copy of the Affidavit. (A non-citizen can request a copy of the Affidavit from the Immigration and Naturalization Service under the Freedom of Information Act, if necessary.) .542 The sponsor must explain and provide evidence for any material discrepancy between his or her current allegations regarding income and resources and the income and resources that were recorded in the Affidavit. NOTE: Authority cited: Sections 10553, 10554, and 18943, Welfare and Institutions Code. Reference: Sections 10553, 10554, 18938, and 18940, Welfare and Institutions Code; 20 CFR 416.1160, 416.1166a, and 416.1204; Social Security Administration’s Program Operations Manual System (POMS) SI 00502.240, SI 00502.280, SI 01320.910, SI 01320.915, and SI 01320.920; and 8 USC 1631.