9081.2 Deeming of Sponsor's Income and Resources

DSS will consider the income and resources of the sponsor and the sponsor's spouse towards the sponsored alien only if the sponsored alien is an eligible alien according to DSSM 9007.1. DSS will deem the income and resources of sponsor and sponsor's spouse, if he or she has executed INS Form I-864 or I-864A, as the unearned income and resources of the sponsored alien. The deeming of the sponsor's income and resources shall continue to apply to an alien until: The alien has become a United States citizen through naturalization; The alien is credited with 40 qualifying quarters of coverage during which time the alien did not receive any Federal means-tested public welfare benefit, or The sponsor dies. The income and resources of sponsors and sponsor's spouses are deemed as follows: 1. The monthly income of the sponsor and sponsor's spouse deemed to be that of the alien will be the total monthly earned and unearned income (including income exclusions provided for in DSSM 9059) of the sponsor and the sponsor's spouse (if living with the sponsor) at the time the household containing the sponsored alien member applies or is recertified, reduced by: (A) A 20% earned income amount for that portion of the income determined as earned income of the sponsor and the sponsor's spouse. (B) An amount equal to the 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. 2. If the alien has already reported gross income information on his/her sponsor due to TANF's sponsored alien rules, that income amount may be used for FSP deeming purposes. However, limit the allowable reductions to the total gross income of the sponsor and the sponsor's spouse prior to attributing an income amount to the alien to amounts listed above in #1 in this section. 3. Actual money paid to the alien by the sponsor or the sponsor's spouse will not be considered as income to the alien unless the amount paid exceeds the amount attributed to the alien under paragraph 1 above. Only the amount paid that actually exceeds the amount deemed would be considered income to the alien. 4. Resources of the sponsor and the sponsor's spouse to be deemed to be that of the alien will be the total amount of their resources as determined in accordance with DSSM 9045 reduced by $1,500. 5. If a sponsored alien can demonstrate to the Division's satisfaction that his/her sponsor sponsors other aliens, then the income and resources deemed under the provisions of paragraph 1 and 4 of this Section will be divided by the number of such aliens that apply for or are participating in the program.