10:87-7.11 Deeming of income and resources of an alien's sponsor

(a) A sponsored alien is an alien for whom a person (the sponsor) has executed an affidavit of support (Bureau of Citizenship and Immigration Services Form I-864 or I- 864A) on behalf of the alien pursuant to section 213A of the INA. Only in the event a sponsored alien is an eligible alien shall the CSSA consider available to the household the income and resources of the sponsor and sponsor's spouse. 1. For purposes of determining the eligibility and benefit level of a household of which an eligible sponsored alien is a member, the CSSA shall deem the sponsor's income and resources until the alien gains United States citizenship, has worked or can receive credit for 40 qualifying quarters of work, or the sponsor dies. (b) Procedures for the deeming of income are as follows: 1. The monthly income of the sponsor and sponsor's spouse, if he or she has executed the USCIS Form I-864 or I-864A, deemed as that of the eligible sponsored alien shall be the total monthly earned and unearned income, taking into consideration allowable exclusions of the sponsored and sponsor's spouse at the time the household containing the sponsored alien member applies or is recertified for participation, reduced by: i. A 20 percent earned income amount for that portion of the income determined as earned income of the sponsor and the sponsor's spouse; and ii. An amount equal to the Program's monthly gross income eligibility limit for a household equal in size to the sponsor, the sponsor's spouse and any other person who is claimed or could be claimed by the sponsor or the sponsor's spouse as a dependent for Federal income tax purposes (see N.J.A.C. 10:87-12.4); 2. If the alien has already reported gross income information on his or her sponsor in compliance with the sponsored alien rules of another State agency administered assistance program, the CSSA may use that income amount for NJ SNAP program deeming purposes. However, the CSSA shall limit allowable reductions to the total gross income of the sponsor and the sponsor's spouse prior to attributing an income amount to the alien to the amount specified in (b)1i and ii above. 3. The CSSA shall consider as income to the alien any money the sponsor or the sponsor's spouse pays to the eligible sponsored alien, but only to the extent that the money exceeds the amount deemed to the eligible sponsored alien in accordance with (b)1 above; and 4. If a sponsored alien can demonstrate to the satisfaction of the CSSA that his or her sponsor is the sponsor of other aliens, the CSSA shall divide the income and resources deemed at (b)1i and ii above by the number of such sponsored aliens. (c) Procedure for the deeming of resources is as follows: 1. The CSSA shall deem as available to the eligible sponsored alien the total amount of the resources of the sponsor (and sponsor's spouse if applicable) in accordance with N.J.A.C. 10:87-4.3(b), reduced by $ 1,500; and 2. The CSSA shall not count the resources of expanded categorical alien household's sponsors or the sponsor's spouse. (d) Until the alien provides information or verification necessary to carry out the provisions of this section, the sponsored alien is ineligible. 1. The CSSA shall determine the eligibility of any remaining household members. 2. The CSSA shall consider available to the remaining household members the income and resources of the ineligible alien (excluding the deemed income and resources of the alien's sponsor and sponsor's spouse) in determining the eligibility and benefit level of the remaining household members. 3. If the CSSA subsequently receives information or verification, it shall act on the information as a reported change in household membership in accordance with the timeliness standards (reporting changes) at N.J.A.C. 10:87-9.5, as appropriate. 4. If the same sponsor is responsible for the entire household, the entire household is ineligible until such time as the household provides the needed sponsor information or verification. 5. The CSSA shall assist aliens in obtaining verification (providing information). For example, if the CSSA has access, it can use the Systematic Alien Verification for Entitlements (SAVE) system or it may submit Document Verification Request forms to the local BCIS office. (e) Procedures on exempt aliens are as follows: 1. Sponsor to immigrant deeming does not apply to the following aliens: i. Any alien whose sponsor has not signed a legally binding affidavit of support; ii. Any alien participating in the NJ SNAP program as a member of the sponsor's household; iii. Any alien sponsored by a group or organization instead of an individual; iv. Any alien not required to have a sponsor under the Immigration and Nationality Act, such as a refugee, a parolee, an alien granted asylum, or a Cuban or Haitian entrant; v. An indigent alien that the CSSA has determined is unable to obtain food and shelter, taking into account the alien's own income plus any cash, food, housing or other assistance provided by other individuals, including the sponsor(s). For purposes of this subparagraph, the phrase "is unable to obtain food and shelter" means that the sum of the eligible sponsored alien's household's own income, the cash contributions of the sponsor and others and the value of any in-kind assistance the sponsor and others provide, does not exceed 130 percent of the gross NJ SNAP eligibility limit for the household's size. The CSSA shall determine the amount of income and other assistance provided in the month of application. If the alien is indigent, the only amount that the CSSA shall deem to such alien shall be the amount actually provided for a period beginning on the date of such determination and ending 12 months after that date. Each indigence determination is renewable for additional 12-month periods. The CSSA shall notify the United States Attorney General with the details of sponsor and alien names for each determination. The information can be reported to: The Attorney General, United States Department of Justice, 950 Pennsylvania Avenue, Washington, DC 20630- 0001; vi. Any sponsored alien, if ineligible for NJ SNAP benefits because of immigration status (that is, is not a qualified alien), the sponsor's income is not deemed to other eligible members of the immigrant's household; vii. A battered alien spouse, alien parents, alien parent of a battered child, or child of a battered alien, for 12 months after the CSSA determines that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer as outlined at N.J.A.C. 10:87-3.8(a)7. After 12 months, the CSSA shall not deem the batterer's income and resources if the battery is recognized by a court or the BCIS and has substantial connection to the need for benefits, and the alien does not live with the batterer. (f) The sponsored alien and his or her spouse are responsible for providing the CSSA with any information necessary to determine the income and resources of the alien's sponsor and the sponsor's spouse. The alien and his or her spouse shall also be responsible for demonstrating to the CSSA that the sponsor also sponsors other aliens, how many, and for obtaining any necessary cooperation from the sponsor. (g) During the period that the alien is subject to deeming, the eligible sponsored alien is responsible for obtaining the cooperation of the sponsor and for providing the CSSA at the time of application and at the time of recertification with the information and documentation necessary to calculate deemed income and resources in accordance with this section. 1. The eligible sponsored alien is responsible for providing the names and other identifying factors of other aliens for whom the alien's sponsor has signed an affidavit of support. The CSSA shall attribute the entire amount of income and resources to the applicant eligible sponsored alien until he or she provides the information specified under this paragraph. 2. The eligible sponsored alien is responsible for reporting the required information about the sponsor and sponsor's spouse should the alien obtain a different sponsor during the certification period. 3. The eligible sponsored alien is also responsible for reporting, subject to the applicable reporting requirements, a change in income should the sponsor change or lose employment or die during the certification period. (h) Claims for overissuance are as follows: 1. Any sponsor of an alien and the alien shall be jointly and severally liable for repayment of any overissuance of benefits as a result of incorrect information provided by the sponsor. However, if the alien's sponsor had good cause or was without fault for supplying the incorrect information, the alien's household shall be solely liable for repayment of the overissuance. i. For the purpose of this section, "good cause" shall include but is not limited to circumstances in which the sponsor did not knowingly or willfully provide incorrect information. ii. For the purpose of this section, "without fault" shall include, but is not limited to, circumstances in which the alien misrepresented or misstated the financial status of the sponsor; 2. Where the sponsor did not have good cause, the CSSA shall decide whether to establish a claim for the overissuance against the sponsor or the alien's household, or both. The CSSA may choose to establish claims against both parties at the same time or establish a claim against the party it deems most likely to repay first. If a claim is established against the alien's sponsor first, the CSSA shall ensure that a claim is established against the alien's household whenever the sponsor fails to respond to the CSSA's demand letter within 30 days of receipt. The CSSA shall return to the alien's sponsor and/or the alien's household any amount repaid in excess of the total amount of the claim; 3. The CSSA shall initiate collection against a sponsor by sending a written demand letter, which informs the sponsor of the amount owed, the reason for the claim, how the claim may be repaid and that the sponsor will not be held liable if he or she can demonstrate that he or she was not at fault or had good cause for providing incorrect information. The CSSA shall follow the demand letter with a Request for Contact Letter, if appropriate, in accordance with N.J.A.C. 10:87-9.5(c)1. The sponsor is entitled to a fair hearing, either to contest a determination that the sponsor was at fault where it was determined that incorrect information had been provided or as to contest the amount of the claim. i. The CSSA may pursue other means of collection if the sponsor fails to respond to the demand letter. ii. The CSSA may terminate collection action against the sponsor at any time if it can document that the sponsor cannot be located or that the cost of further collection is likely to exceed the amount that can be recovered. iii. If the sponsor responds to the demand letter and is financially able to pay the claim at one time, the CSSA shall collect a lump sum cash payment. If the sponsor is not financially able to repay the claim at one time, a repayment schedule may be negotiated as long as the payments are provided in regular installments. Funds collected shall be forwarded to DFD in accordance with N.J.A.C. 10:87-11.20(w); 4. Prior to initiating collection action against the household of a sponsored alien for repayment of an overissuance caused by incorrect information having been supplied concerning the alien's sponsor or sponsor's spouse, the CSSA shall determine whether such incorrect information was supplied due to inadvertent household error, or an act of intentional program violations on the part of the alien. These actions shall be taken regardless of the current eligibility of the sponsored alien or the alien's household. i. If sufficient documentary evidence exists to substantiate that the incorrect information concerning the alien's sponsor or sponsor's spouse was provided due to intentional program violation on the part of the alien, the CSSA shall pursue the case in accordance with the procedures specified at N.J.A.C. 10:87-11.20 for intentional program violations. The claim against the alien's household shall be handled as an inadvertent household error claim prior to the determination of intentional program violation by an administrative law judge or a court of appropriate jurisdiction. ii. If the CSSA determines that the incorrect information was supplied due to misunderstanding or unintended error on the part of the sponsored alien, the claim shall be handled as an inadvertent household error claim in accordance with the procedures specified at N.J.A.C. 10:87-11.20(f). These actions shall be taken regardless of the current eligibility of the sponsored alien or the alien's household; and 5. The CSSA shall exclude any sponsor from restitution who is participating in the NJ SNAP program for the value of NJ SNAP benefits issued to an eligible sponsored alien he or she sponsors. History HISTORY: R.1983 d.121, effective April 4, 1983. See: 15 N.J.R. 247(a), 15 N.J.R. 625(b). Originally adopted as an Emergency Rule, R.1983 d.38, effective January 31, 1983. Pursuant to the Federal Omnibus Budget Reconciliation Act of 1982 and Commodity Distribution Amendments of 1981. Amended by R.1989 d.121, effective February 21, 1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). Substantially amended. Amended by R.1990 d.270, effective May 21, 1990. See: 22 N.J.R. 139(a), 22 N.J.R. 1599(a). In (f)3: revised N.J.A.C. reference. Amended by R.1998 d.498, effective October 5, 1998. See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b). In (b)3, added i; and in (c)1, added i. Amended by R.1999 d.6, effective January 4, 1999. See: 30 N.J.R. 3451(a), 31 N.J.R. 69(a). In (b)5, substituted a reference to WFNJ/TANF for a reference to AFDC. Recodified from N.J.A.C. 10:87-7.18 and amended by R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Rewrote the section. Former N.J.A.C. 10:87-7.11, Income from the boarder, repealed. Amended by R.2007 d.129, effective May 7, 2007. See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a). In (h)1, substituted "benefits" for "coupons". Amended by R.2009 d.94, effective March 16, 2009. See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b). In (e)1vi, substituted "stamp benefits" for "stamps". Amended by R.2012 d.031, effective February 6, 2012 (operative March 7, 2012). See: 43 N.J.R. 2114(a), 44 N.J.R. 241(a). Section was "Deeming of income and resources of alien sponsors". In the introductory paragraph of (b)1, substituted "USCIS" for "Bureau of Citizenship and Immigration Services (BCIS)"; in (b)1ii, substituted "Program's" for "program's" and a semicolon for a period at the end, and deleted a comma following the first occurrence of "spouse"; in (b)2, (e)1ii and (h)5, substituted "NJ SNAP program" for "Food Stamp Program"; in (b)3, (c)1 and (h)4ii, substituted "; and" for a period at the end; in (c)1, updated the N.J.A.C. reference; added (c)2; in (e)1v, (e)1vi and (h)5, substituted "NJ SNAP" for "food stamp"; in (e)1v, deleted a comma following "housing" and the first occurrence of "others"; in (h)1ii, (h)2 and (h)3iii, substituted a semicolon for a period at the end; in (h)1ii, inserted a comma following "include" and "to"; and in (h)3, inserted a comma following the first occurrence of "letter" and deleted a comma following "repaid".