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ESA SNAP Policy Manual 136 11.4 Deeming Income Income from financially responsible individuals must be counted when determining financial eligibility for SNAP. The process for counting the income of financially responsible individuals who are not included in the assistance unit is called deeming. For SNAP, deeming income only applies if a SNAP-eligible noncitizen has a sponsor. ESA must deem the income and resources of the sponsor and the sponsor’s spouse, if they have signed a legally binding affidavit of support, as the unearned income and resources of the sponsored noncitizen. 11.4.1 Expiration of Deeming Income Deeming of income and assets ends when any of the following conditions are met:  The noncitizen gains US citizenship.  The noncitizen has worked or can receive credit for 40 qualifying work quarters.  The noncitizen loses lawful permanent resident status and leaves the US.  The noncitizen receives in removal proceedings a new grant of adjustment of status as relief from removal.  The sponsor dies. Legal Authority Income deeming (federal): SNAP: 7 CFR §§ 273.4(c), 273.9(b)(4), 273.11(c)(3)(v)

11.4.2 Noncitizen Sponsor’s Income The income of a noncitizen sponsor and sponsor’s spouse who have signed legally binding affidavits of support (executed US Citizenship and Immigration Services [USCIS] Form I-864 or I-864A) must be counted (deemed) when determining the eligibility for federal means-tested benefits of households that contain SNAP-eligible noncitizens they sponsored. The monthly income of the sponsor and sponsor’s spouse must be the total monthly earned and unearned income of the sponsor and sponsor’s spouse at the time the household containing the sponsored noncitizen member applies or is renewed for participation, reduced by:  A 20 percent earned income amount for that portion of the income determined as earned income of the sponsor and the sponsor’s spouse; and  An amount equal to SNAP’s monthly gross income eligibility limit for a household equal in size to the sponsor, the sponsor’s spouse and any other person who is claimed or could be claimed by the sponsor or the sponsor’s spouse as a dependent for federal income tax purposes If the noncitizen has already reported gross income information on their sponsor in compliance with the sponsored noncitizen rules of another program administered by ESA, ESA will use that income amount Return