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North Carolina Department of Health and Human Resources Division of Medical Assistance Medicaid Eligibility Unit AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262

SPONSOR DEEMING

MA-2262 SPONSOR DEEMING REVISED 11/01/11 – CHANGE NO. 17-11

I. INTRODUCTION

The Personal Responsibility Work Opportunity and Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, and the Balanced Budget Act of 1997, P.L. 105-33, created new rules for deeming income and resources from an alien sponsor to certain sponsored aliens.

Section 413 of PRWORA, as amended by 213A of the Immigration and Nationality Act required development of an Affidavit of Support I-864 under which the sponsor must agree to:

A. Provide financial support to the sponsored alien to prevent the sponsored alien from becoming a public charge. (See MA-2504, Alien Requirements, for information on public charges.), and

B. Accept liability for the cost of any means-tested public benefit, including Medicaid, provided to the alien.

II. DEFINITIONS

A. Sponsored Alien: An alien admitted lawfully for permanent residence sponsored by an individual who has signed an Affidavit of Support, Form I-864.

B. Sponsor: A person who signed an Affidavit of Support on behalf of an alien as a condition of the alien’s entry or admission to the U.S. Only individuals are considered sponsors. Organizations and institutions, such as churches or service clubs, are not considered sponsors. An alien may have more than one sponsor.

C. Deemed Income/Resources: The process of considering a sponsor’s income and resources for the alien.

D. Sponsor Deeming: For aliens admitted due to a sponsor, the sponsor and/or the sponsor’s spouse are financially responsible for the alien by deeming their income to the alien a/r following rules in this section. They are not considered part of the budget unit and do not need to live with the alien.

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