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West Virginia Income Maintenance Manual Chapter 4
West Virginia Income Maintenance Manual Page 214 Chapter 4 Income
• The earned income of a student child, up to $1,790 a month, but not more than $7,200 per year, is excluded from the income of an ineligible child for purposes of determining the ineligible child allocation. When the ineligible spouse's non-excluded income, as shown above and in Section 4.3, minus only the needs of ineligible children in the home, is greater than the Allocation Standard, then the ineligible spouse's income is added to the eligible spouse's income. These are the SSI deeming provisions, which also require use of the couple income limit to determine eligibility for the individual when income is deemed. If the SSI-Related individual is a child, the income of the parent(s) is also deemed, and the above exclusions are applied to their income. 4.15.4.D.3 Deeming from Ineligible Spouse to SSI-Related Spouse The deeming calculations are as follows: Step 1: Determine the ineligible spouse's total countable unearned income. Step 2: Subtract the needs of all ineligible dependent children. See Section 4.2 for the definition of ineligible child. The need of each ineligible child is determined separately by subtracting the child's income from the Allocation Standard. The difference, if any, represents the child's needs. Need of Each Ineligible Child Example: SSI payment level for one person is $735 and the level for two persons is $1,103. The Allocation Standard is $367. Child #1's income is $400. Because the child's income exceeds $367, there is no deduction for Child #1's needs. Child #2's income is $125. The allocation for this child's needs is $242. After a separate determination is made for each ineligible child, the allocations are added together and then subtracted from income. Step 3: Determine the ineligible spouse's total gross countable earned income. Step 4: Subtract the remainder of the needs of all ineligible children who could not be subtracted in Step 2. Step 5: Add together the ineligible spouse's remaining earned and unearned income. Step 6: Compare the amount from Step 5 to the Allocation Standard. NOTE: The income of separated spouses is not counted or deemed beginning in the month following the month in which the couple separates.