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North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262

SPONSOR DEEMING

5 REVISED 07/01/10 – CHANGE NO. 11-10 (VI.A.) 2. There is a substantial connection between the battery and the need for benefits. See MA-2504, Alien Requirements, for verification procedures.

3. The individual subject to such battery or cruelty does not live in the same household with the individual responsible for the cruelty or batterer. There is an exception made if the alien needs the assurance of the availability of benefits in order to leave the batterer and survive independently. See MA- 2504, Alien Requirements, for verification procedures.

B. When the battery exemption is allowed, deeming shall be suspended for 12 months.

C. After 12 months, the alien shall continue to be exempt from sponsor deeming only if:

1. The alien demonstrates that the battery or cruelty has been recognized in an order of a judge or administrative law judge or a prior determination of the BCIS, and

2. There is a substantial connection between the abuse or battery suffered by the alien applicant, the alien applicant’s child, or in the case of an alien child, the alien applicant’s parent and the need for the benefit sought. (See MA-2504, Alien Requirements, for information on determining a substantial connection.)

NOTE: Battered aliens are subject to the 5-year disqualification period. Also, please note that the requirements to be eligible for the battered alien sponsor deeming exemption are NOT the same as the requirements to be a battered alien for purposes of being a qualified alien. They are separate decisions that must be made. See MA- 2504, Alien Requirements.

VII. INDIGENT ALIEN EXEMPTION

An indigent alien is someone that the county agency has determined is unable to obtain food and shelter, taking into account the alien’s own income, plus any cash, food, housing, and other assistance provided by other individuals, including the sponsor(s).

A. Contact the Food Stamp (FS) caseworker to determine if they have determined the a/r is indigent. Use the FS decision as verification of indigence and document the record.