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§17-1724.2-4.1 (3) After the twelve-month period ends, the department shall continue to exempt the batterer's income when the battery or cruelty is recognized in an order of a judge or administrative law judge or a prior determination of the users, and the department determines that such battery or cruelty still has a substantial connection to the need for benefits. (g) The deeming of income provisions in subsection (a) shall not apply to a lawfully present non-citizen who is a child under age nineteen years or who is a pregnant woman. (h) The deemed income of the non-citizen's sponsor and the sponsor's spouse shall be determined in the following manner for each non-citizen's sponsor: ( 1) Count the MAGI-based income of the sponsor and his or her spouse (if living together); (2) Deduct one hundred thirty-three per cent of the federal poverty level for the sponsor's applicable household size which includes the sponsor, sponsor's spouse (if living together) and their dependents; (3) Deem any remaining balance as income to the ( 4) sponsored non-citizen; and If a sponsor sponsored more than one non- citizen, the income deemed available shall be prorated amongst the number of non- ci ti zens sponsored by that sponsor. The income of a sponsor and sponsor's spouse (if living together) I who expects to claim a sponsored non-citizen as a tax dependent, shall be counted as either income deemed available according to paragraphs (1) through (4), or part of the household's MAGI-based income. (i) If income deemed available for a sponsored non-citizen results in ineligibility for his or her household, redetermine the non-sponsored household member's eligibility in the following manner 1724.2-9