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West Virginia Income Maintenance Manual Chapter 15

West Virginia Income Maintenance Manual Page 43 Chapter 15 Noncitizens, Refugees, and Citizenship

• Medicaid and WV WORKS have no 40 Qualifying Quarters requirement and deeming applies for WV WORKS. Deeming applies for Medicaid except for modified adjusted gross income (MAGI) groups. After the five years, the income and assets of the sponsor, as well as the income and assets of the current spouse who is living with the sponsor, are deemed to the noncitizen to determine the noncitizen’s eligibility for benefits. • Deeming the sponsor’s income usually makes the sponsored noncitizen ineligible for means-tested public benefits. The noncitizen is ineligible until all information needed to determine the income and assets of the sponsor and the sponsor’s spouse is provided. • All other program eligibility requirements must be met. 15.5.3 EXCEPTIONS TO DEEMING 15.5.3.A Battered Noncitizens/Noncitizens Subjected to Extreme Cruelty The phrase “battered or subjected to extreme cruelty” includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, that results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution are considered acts of violence. • If the battered noncitizen lives in the same household as the batterer, there is no exemption. • If the battered noncitizen is not living in the same household, there could be an exemption. Battered noncitizens and noncitizens whose child or parent has been battered may be exempt from the deeming provision. The exemption is for a 12-month period, provided that there is a substantial connection between the need for benefits and the battery. • The sponsored noncitizen must provide documented proof that battery or extreme cruelty in the U.S. exists. Documented proof can include the following: NOTE: In Medicaid cases where the noncitizen is eligible by the MAGI methodology, no asset tests of any individual may be used.