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VIRGINIA DEPARTMENT OF SOCIAL SERVICES SPECIAL INCOME DETERMINATIONS

10/24 VOLUME V, PART XII, PAGE 8

that the household’s income, including any assistance from the sponsor, is insufficient to provide food or shelter. Indigence here means that the household's own income and any direct cash or in-kind contribution from the sponsor or others do not exceed the gross income level for the household's size. The only income the BPS may deem from the sponsor for a 12-month renewable period is the amount the sponsor provides if the immigrant is indigent. The BPS must report the immigrant and sponsor’s names to the USCIS if an immigrant is determined to be indigent.

This exemption will last for one year from the date of the indigence determination. The BPS may renew the indigence determination for additional 12-month periods.

Before determining indigence, the BPS must explain the determination and reporting requirements to the household or representative. If the household elects not to proceed, the BPS must explain the consequences of this action and of being a “nonapplicant,” as addressed in Part II.B. The BPS must not report the names of the sponsored immigrant or sponsor to the USCIS in this instance.

• An immigrant determined to be a battered spouse, child or parent or subject to extreme cruelty in the U.S. The person must be living separately from the batterer. This exemption covers any 12-month period. The exemption may be extended for additional 12-month periods if the immigrant shows that a court, administrative order or the USCIS recognizes the battery and if the BPS determines the battery has a substantial connection to the receipt of SNAP benefits.

1. Computing the Countable Income of Sponsors

A portion of the monthly income of the sponsor and the sponsor's spouse, if he or she executed the affidavit of support, must be considered in determining the eligibility and benefit level of the household of which a sponsored immigrant is a member. The BPS must make the determination as follows:

a. Calculate the earned income of the sponsor and the sponsor's spouse.

b. Deduct the 20% earned income deduction from this amount.

c. Add the unearned income of the sponsor and the sponsor's spouse.

d. Deduct the gross income eligibility limit for the size of the sponsor's household including any person who is claimed or could be claimed by the sponsor or the sponsor's spouse as a dependent for federal income tax purposes.

e. The remainder is the countable income for the sponsored immigrant for SNAP purposes.

If the immigrant has already reported gross income information about the sponsor for the sponsored alien rules for TANF, that income amount may be used for SNAP purposes. Allowable deductions are limited to the 20% earned income deduction and the SNAP gross monthly income amount stated above.

TRANSMITTAL #35