22.8 Ineligible Non-Citizens.

A. A pro rata share of the income of such ineligible non-citizen will be counted as income to the remaining household members. This pro rata share is calculated by first subtracting the allowable exclusions from the ineligible non-citizen’s income and dividing the income evenly among the household members, including the ineligible non-citizen. Everything except the ineligible non-citizen’s share is counted as income for the remaining household members. B. The resources of the ineligible non-citizen will count in their entirety for the remaining household members. C. The 20% earned income deduction will apply to the prorated income earned by the above referenced ineligible non-citizen. That portion of the household’s allowable child support payment, shelter and dependent care expenses which are either paid by or billed to the ineligible non-citizen will be divided evenly among the household members, including the ineligible non-citizen. Everything except the ineligible non-citizen’s share is counted as a deductible child support payment, shelter or dependent care expense for the remaining household members. D. Exception: If the household is entitled to the SUA or BUA and is billed or pays all or part of the household’s utility expenses, then the household will be entitled to the full amount. E. The above statements do not apply to an non-citizen: 1. Who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA); 2. Who is granted asylum under section 208 of the INA; 3. Who is admitted as a refugee under section 207 of the INA; 4. Who is paroled in accordance with section 212(d)(5) of the INA; 5. Whose deportation or removal has been withheld in accordance with section 243 of the INA; 6. Who is aged, blind, or disabled in accordance with section 1614(a)(1) of the Social Security Act and is admitted for temporary or permanent residence under section 245A(b)(1) of the INA; or 7. Who is a special agricultural worker admitted for temporary residence under section 210(a) of the INA. F. For an ineligible non-citizen within a category described above, MDHS will count all of the ineligible non-citizen’s resources and all but a pro rata share of the ineligible non- citizen’s income and deductible expenses. G. Ineligible non-citizen due to inability or unwillingness to provide immigration status: MDHS must count all of the ineligible non-citizen’s resources and a pro rata share of the ineligible non-citizen’s income and deductible expenses. H. The resources and income of the sponsor and sponsor’s spouse will not be included in determining the resources and income of an ineligible sponsored non-citizen. Source: 7 CFR §273.11(c)(3) Revised: March 2022