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Chapter 5 - Whose Income is Counted

INTRODUCTION 5.1

This chapter explains whose income is counted when determining the countable income of an assistance group. See Chapter 1: Group Composition in Part IV for policy on determining who is in the assistance group.

LEGAL AUTHORITY 5.2 AREA/TOPIC DISTRICT FEDERAL Deeming Income TANF: D.C. Code 4-205.10- 11; 4-205.15; 4-205.22 GC: See TANF and D.C. Code 4-205.5a MA: 42 USC, 1396a(a)(17), 1396a(m), 1396a(r)(2); 1396u-1; 42 CFR 435.601, 435.602, 435.811, 435.831 FS: 7 USC 2014(d)-(f),(h),(k)-(m); 7 CFR 273.11 INCOME OF GROUP MEMBERS 5.3 ALL All countable income recorded by individuals in the assistance unit are counted when determining income eligibility and, in the case of TANF, GC, and FS, the level of benefits for which the group is eligible. As is discussed in Section 4.8: Children's Earnings in this Part, the earnings of children including in some cases, children through age 21, are generally excluded. That is, such earnings are not considered countable income. See Section 4.8: Children's Earnings in this Part for more information. DEEMING INCOME 5.4 ALL Deemed income is money that is considered available to the group even though it is received by someone outside the group. Deemed income is counted as income even if the group does not receive it. Count the actual amount given if it exceeds the deemed amount. Verification requirements for individuals whose income is deemed are the same as for any other group member (see Section 8.6: Verification in this Part). Alien Sponsor's Income 5.4.1 ALL The income of alien sponsors who have signed legally binding affidavits of support must be counted when determining the eligibility for federal means-tested benefits of households that contain immigrants that they sponsored. Only immigrants whose sponsors signed I-864 Affidavits on or after December 19, 1997 are subject to deeming of their sponsor’s income. If the sponsor signed an I-864 Affidavit his or her income and the income of his or her current spouse must be deemed. Determining the Amount of Deemable Income Any kind of income that is countable when determining an applicant’s eligibility for a specific program is countable when received by the sponsor of a sponsored immigrant who is included in the assistance unit. The sponsor’s income for the eligibility period should be verified using standard procedures for determining gross income (see Chapter 8: Determining Income Eligibility in this Part). The sponsor’s monthly income minus applicable program disregards is countable and should be added to the applicant’s own income when determining the unit’s income eligibility MA N/A