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N.J.A.C. 10:71-5.9 This file includes all Regulations adopted and published through the New Jersey Register, Vol. 57 No. 12, June 16, 2025 NJ - New Jersey Administrative Code > TITLE 10. HUMAN SERVICES > CHAPTER 71. MEDICAID ONLY > SUBCHAPTER 5. INCOME § 10:71-5.9 Deeming from sponsor to alien (a) For the purposes of determining eligibility for Medicaid Only for a legal alien (applying for the first time on or after October 1, 1980), the income and resources (see N.J.A.C. 10:71-4.10) of any person who sponsored the alien's entry into the United States will be deemed to the alien. Such deeming applies for a period of three years from the month of the alien's entry into the United States. However, deeming shall not apply to any alien who is: 1. Admitted to the United States under the provisions of section 203(a)(7) of the Immigration and Nationality Act which were in effect prior to April 1, 1980; 2. Admitted to the United States under the provisions of section 207(c)(1) of such Act which became effective March 31, 1980; 3. Paroled into the United States as a refugee under section 212(d)(5) of such Act; 4. Granted political asylum by the Attorney General; 5. Determined to be blind or disabled if such blindness or disability began after the date of admission into the United States for permanent residence; or 6. Sponsored by an institutional sponsor such as an employer or a church. (b) In the event an alien is sponsored by a person subject to the deeming rules at N.J.A.C. 10:71-5.5, those rules will be used in lieu of the sponsor-to-alien rules. (c) No inquiry shall be made regarding a sponsor's financial circumstance unless the alien's own countable income and resources indicate potential program eligibility. (d) Normal income exclusions do not apply in deeming of a sponsor's income to an alien. Additionally, SSI benefits, TANF payments, as well as any other public income maintenance payments are not excluded in sponsor-to-alien deeming. (e) To determine the amount of income to be deemed to an alien, the dollar amounts in (e)2 and 3 below will be updated annually by publication of a notice of administrative changes in the New Jersey Register reflecting the Federal cost-of-living adjustment to the SSI standards established pursuant to 42 U.S.C. § 1382f. The CSSA shall proceed as follows: 1. Determine the total gross earned (wages and net earnings from self employment) and gross unearned income of the sponsor (and spouse if living with the sponsor). 2. Subtract $ 721.00 for the sponsor, $ 1,082 for the sponsor if living with his or her spouse, $ 1,442 for the sponsor if his or her spouse is a cosponsor. 3. Subtract $ 360.50 for any other dependent of the sponsor who is or could be claimed for Federal Income Tax purposes. 4. The remaining amount is deemed as unearned income to the alien.