122.44 Counting Sponsor Resources

If the sponsor lives with their spouse, the CAO must count the resources of both the sponsor and the spouse.

If the deemed resources of the sponsor plus the net countable resources of the noncitizen exceed the appropriate resource limit, the noncitizen is ineligible because of excess resources.

The CAO must determine the countable resources of the sponsor and the sponsor’s spouse as follows:

Add up the countable resources of the sponsor and sponsor's spouse.

NOTE: Resident property is exempt, and an acknowledgement of liability is not required. Equity value of resources is computed the same as for a budget group member. See Chapter 140 .

Subtract $1,500.

Assume that the remainder is available to the noncitizen. If the resources are deemed to more than one noncitizen, they must be divided equally. Resources over the limit are not considered available to unsponsored members of the noncitizen's family, unless the sponsor agrees to make them available.

NOTE: The noncitizen, their sponsor, and the sponsor's spouse are not required to acknowledge liability for reimbursement of assistance from the sponsor's deemed resources.

Examples:

Mr. Albert, a sponsored noncitizen, his spouse , a U.S. citizen, and their child apply for TANF. Their sponsors, The Clarks , are liable for Mr. Albert's support and have reported total equity value of nonexempt personal and nonresident property resources of $4,000. After the $1,500 deduction, $2,500 is deemed available to Mr. Albert. Mr. Albert also owns $100 of available nonexempt personal property. Mr. Clark agrees to make the resources available to Mr. Albert's family. Mr. and Mrs. Albert and their child have deemed resources above the $1,000 resource limit. They are ineligible for Cash Assistance.

Mr. and Mrs. Clark's countable resources $4,000 Less allowable deduction -1,500 Deemed resource available to the Albert family $2,500 Mr. Albert's available nonexempt resources +100 Total resources $2,600

If Mr. Albert's sponsor does not agree to deem the resources to Mr. Albert's family, then Mr. Albert is ineligible for Cash Assistance, because the resource limit of $1,000 is exceeded.

Mr. Albert's spouse and the child are eligible. His spouse and the child do not own countable resources. The value of Mr. Albert's LRR resources, $100, is less than the resource limit for TANF. Although Mr. Albert is a registered noncitizen and his sponsor is providing for his support, Mr. Albert is an LRR and only his personally owned resources are deemed to his spouse and child.