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S N A P M A N U A L

88 deemed under the provisions of this sections by the number of such sponsored non-citizens. The Agency must use the same procedure to determine the amount of deemed income and resources to exclude in the case of a sponsored non-citizen or a citizen child of a sponsored non-citizen who is exempt from deeming in F & G below. Deeming of a sponsor’s income and resources does not apply to: (A) A non-citizen who is a member of his or her sponsor's SNAP household; (B) A non-citizen who is sponsored by an organization or group as opposed to an individual; (C) A non-citizen who is not required to have a sponsor under the Immigration and Nationality Act (INA), such as a refugee, a parolee, an asylee, or a Cuban or Haitian entrant; (D) An indigent non-citizen that the Agency has determined is unable to obtain food and shelter taking into account non-citizen’s own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor(s). Prior to determining whether a non-citizen is indigent, the Agency must explain the purpose of the determination to the non-citizen and/or household representative and provide the non- citizen and/or household representative the opportunity to refuse the determination.

If the household refuses the determination, the Agency will not complete the determination and will deem the sponsor's income and resources to the non-citizen’s household. The Agency must inform the sponsored non-citizen of the consequences of refusing this determination. NOTE: For purposes of this paragraph, the phrase “is unable to obtain food and shelter” means that the sum of the eligible sponsored non-citizen’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 poverty income guideline for the household's size. The Agency must determine the amount of income and other assistance provided in the month of application. If the non-citizen is indigent, the only amount that the Agency must deem to such a non-citizen will be the amount actually provided for a period beginning on the date of such determination and ending 12 months after such date. Each indigence determination is renewable for additional 12-month periods; NOTE: The Agency must notify the Office of the Attorney General of each such determination, including the names of the sponsor and the sponsored non-citizen involved. Information about the sponsored non-citizen is not shared with the Attorney General or the sponsor without the sponsored non-citizen’s consent. The Agency must inform the sponsored non-citizen of the consequences of failure to provide such consent. If the sponsored non-citizen fails to provide consent, he or she will be ineligible, and the Agency will determine the eligibility and benefit level of the remaining household members. (E) A battered non-citizen spouse, non-citizen parent of a battered child or child of a battered non-citizen, for 12 months after the Agency determines that the battering is substantially