270 Deeming of Income and Assets for Sponsored Noncitizens

The deeming of income and assets rules for sponsored noncitizens do not apply to categorically eligible households as defined in 106 CMR 365.180: Categorically Eligible Assistance Units. The deeming of income and assets rules for sponsored noncitizens will be applied to any household which contains a member disqualified from receiving SNAP benefits due to: a failure to comply with the ABAWD Work Program at 106 CMR 362.320; a failure to comply with TAFDC Income Reporting requirements at 106 CMR 366.110: Household Reporting Responsibilities; or any of the reasons listed in 106 CMR 367.800: Disqualification Penalties. In addition, non-SSI elder and/or disabled households with income, not including the income of the sponsor(s), that exceeds the Categorical Eligibility Gross Income Standards at 106 CMR 364.976: Gross Monthly Categorical Eligibility Income Standards will be subject to sponsor deeming requirements. (A) Definitions. (1) Sponsor. A sponsor is any person, including a cosigner spouse, who executed a legally enforceable affidavit of support or similar agreement on behalf of a noncitizen as a condition of that noncitizen's entry into the United States. (2) Sponsored Noncitizen. A sponsored noncitizen is a noncitizen who has been admitted to the United States as a legal permanent resident and for whom a legally enforceable affidavit of support was signed as a condition of entry into the United States. (3) Affidavit of Support. (a) An affidavit of support is a contract meeting the requirements of Section 213A of the INA, in which a sponsor agrees to financially support the noncitizen, so that the noncitizen will not become primarily dependent on the government, demonstrated by either receipt of cash assistance or institutionalization for long-term care at government expense. (b) The affidavit of support is a contract which is legally enforceable against the sponsor by the federal, state and local agencies which provide any means-tested public benefits program. (4) Sponsor Deeming. Sponsor Deeming is the counting of the income and assets, in accordance with 106 CMR 363.100 through 363.230, of the sponsor(s) based on the amount on the affidavit of support or current verification of the sponsor's circumstances, whether or not monies are actually given to the sponsored noncitizen. (B) Requirements. (1) When a sponsored noncitizen adult (18 years of age or older) applies for SNAP benefits, the income and assets of the sponsored noncitizen shall be deemed to include the income and assets of the sponsor(s) in accordance with 106 CMR 362.270(E) unless the Sponsor Deeming provisions do not apply in accordance with 106 CMR 362.270(D). (2) When a sponsored noncitizen adult has: (a) provided acceptable verification of his or her noncitizen immigration status; (b) provided or applied for a Social Security Number; and (c) indicates an inability or unwillingness to provide acceptable verification of the income and assets of the sponsor(s). The sponsored noncitizen shall be ineligible. The Department shall not continue to obtain documentation. SNAP benefits will be determined for the remaining members of the household who verify an eligible noncitizen status and meet other eligibility requirements in accordance with 106 CMR 365.520(B). (3) When sponsored noncitizen adults are the only members of a household and indicate an inability or unwillingness to provide acceptable verification of the income and assets of the sponsor(s) the entire household shall be ineligible. (C) Verification. (1) If the sponsored noncitizen was granted legal permanent resident status on or after June 1, 1998, the Department will presume the noncitizen was sponsored under a legally enforceable affidavit of support. The sponsored noncitizen can rebut this presumption by verifying that he or she was not sponsored by a family member or was sponsored by an affidavit of support which is not legally enforceable. (2) The following information must be provided to the Department by the noncitizen before certification or recertification unless 106 CMR 362.270(B)(2) or (3) apply: (a) The name and address of the sponsor(s); and (b) The income and assets of the sponsor(s). All income and assets of the sponsor(s) shall be verified in accordance with 106 CMR 363.000: Supplemental Nutrition Assistance Program: Financial Eligibility Standards. (D) Noncitizens Not Subject to Sponsor Deeming. (1) The Sponsor Deeming provisions shall not apply to any noncitizen, present in the United States for whom a legally enforceable affidavit of support was not required. Noncitizens not subject to sponsor deeming include: (a) asylees pursuant to section 208 of the INA; (b) refugees pursuant to section 207 of the INA; (c) parolees pursuant to section 212(d)(5) of the INA for a period of at least one year; (d) members of a Hmong or other Highland Laotian tribe at the time the tribe rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam Era beginning August 5, 1964 and ending May 7, 1975; (e) noncitizens whose deportation is being withheld pursuant to section 243(h) or 241(b)(3) of the INA; (f) Cuban/Haitian entrants (as defined by section 501(e) of the Refugee Education Assistance Act of 1980); (g) Amerasian immigrants (as defined by section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1988); (h) conditional entrants pursuant to section 203(a)(7) of the INA; (i) veterans or active duty personnel as provided in 106 CMR 362.240(F); (j) noncitizens sponsored by a public or private organization or group rather than by an individual; or (k) noncitizens living in the same SNAP household as the sponsor. (2) At the option of the sponsored noncitizen, the Sponsor Deeming provisions shall not apply for a period of 12 months if the sponsored noncitizen claims and verifies one of the following exceptions. (a) Battered Noncitizen Exception. The noncitizen verifies he or she was battered and there is a substantial connection between the need for SNAP benefits and the battery (in the opinion of the Department, which opinion is not subject to review by any court): 1. if the noncitizen was battered or subject to extreme cruelty in the United States by a spouse or a parent, or by a member of the family of the spouse or parent residing in the same household as the noncitizen and the spouse or parent consented or acquiesced to such battery or cruelty; or 2. if the noncitizen's child has been battered or subject to extreme cruelty in the United States by a spouse or a parent of the noncitizen (without active participation of the noncitizen in the battery or cruelty), or by a member of the family of the spouse or the parent residing in the same household as the noncitizen and the spouse or parent consented or acquiesced to such battery or cruelty; and 3. if the battered noncitizen or the battered noncitizen's child is no longer living in the same household as the individual responsible for such battery or cruelty. This exception may be reviewed and benefits continued after the 12-month period if the noncitizen demonstrates that such battery or cruelty described above has been recognized in an order of a judge or administrative law judge or a prior determination of the USCIS, and that such battery or cruelty has a substantial connection to the need for benefits. (b) Indigent Exception. The noncitizen verifies that the sum of the sponsored noncitizen's SNAP household's own income and any cash or in-kind assistance provided by the sponsor(s) or others is less than the Maximum Gross Monthly Income Standard found at 106 CMR 364.950: Maximum Gross Monthly Income Standards. Each indigence determination is effective for 12 months and may be renewed for additional 12-month periods. The Commissioner or designee shall notify the Attorney General of each indigency determination, including the names of the sponsor(s) and the sponsored noncitizen adult(s). (3) The Sponsor Deeming provisions shall end when: (a) The sponsored noncitizen becomes a United States citizen through naturalization pursuant to Chapter 2 of Title III of the INA; or (b) The sponsored noncitizen has worked a minimum of 40 qualifying quarters pursuant to Title II of the Social Security Act; or (c) The sponsored noncitizen can be credited with a total of 40 qualifying quarters under Title II of the Social Security Act as worked by: 1. the noncitizen; 2. the parent(s) of the noncitizen prior to the birth of the noncitizen until the noncitizen became 18 years of age; and/or 3. the spouse of the noncitizen during their marriage if the noncitizen remains married to the spouse or is widowed. However, no quarter may be claimed after December 31, 1996 if benefits from a means tested program were received from any state during that same quarter. (d) The sponsored noncitizen no longer has a status of a noncitizen lawfully admitted for permanent residence and has left the United States; or (e) The sponsor(s) dies. (E) Determination of Available Income from a Sponsor. The total monthly countable income of the sponsor(s) is identified in accordance with 106 CMR 363.220: Countable Income. Excluded income listed in 106 CMR 363.230: Excluded Income is not counted. The portion of the monthly income of the sponsor(s) that shall be deemed as unearned income to the sponsored noncitizen adult(s) shall be calculated as follows: (1) Subtract 20% from the monthly gross earned income and add that result to the monthly gross unearned income, if any; (2) Subtract from the result of (1) the Maximum Gross Monthly Income Standards at http://www.mass.gov/eohhs/gov/departments/dta/program-eligibility-charts-and-tables.html for the household equal in size to the sponsor(s) and any other person who is claimed or could be claimed by the sponsor(s) as a dependent for federal income tax purposes; (3) Divide the result of (2) by the number of sponsored noncitizens; then (4) Multiply the result of (3) by the number of sponsored noncitizen adults applying for SNAP benefits. This is the sponsors' deemed income amount. (F) Determination of Countable Assets from a Sponsor. The total countable assets of a sponsor(s) are identified in accordance with 106 CMR 363.130: Countable Assets. Excluded assets listed in 106 CMR 363.140: Noncountable Assets are not counted. The assets of a sponsor(s) which shall be deemed to the noncitizen shall be calculated as follows: (1) Add the countable assets together; (2) Subtract $1500 from the result of (1); (3) Divide the result of (2) by the number of sponsored noncitizens; then (4) Multiply the result of (3) by the number of sponsored noncitizen adults applying for SNAP benefits. This is the sponsors' deemed asset amount. (G) Sponsorship of More than One Noncitizen. If an individual has sponsored more than one noncitizen, the total monthly income and total assets of the sponsor(s), shall be prorated among all the sponsored noncitizens. (H) Request for Reimbursement. (1) The sponsor is obligated to reimburse the Department for any means-tested public benefit which was provided to the sponsored noncitizen, unless the sponsor's obligation terminates as provided in 106 CMR 362.270(D)(3). The termination of the sponsor's support obligation does not relieve the sponsor of responsibility to reimburse the Department for means-tested benefits that were recevied before the support obligation terminated. (2) The request for reimbursement shall be a written request notifying the sponsor that the sponsor must, within 45 days of the date of service, respond to the request for reimbursement either by paying the reimbursement or arranging to begin payments. If within 45 days the sponsor does not indicate a willingness to pay, the Department may sue the sponsor in a state or federal court.