460-5        INCOME ALLOCATIONS

An allocation for an ineligible child may be applied against the income of an ineligible spouse.  Certain allocations may also be applied against the income of an alien sponsor and an alien sponsor's spouse.  Income allocations are applied first to unearned income and then to earned income.

460-5 A.   INCOME ALLOCATIONS OF AN INELIGIBLE SPOUSE

An allocation from an ineligible spouse's income is allowed for each child who is not eligible for SSISupplemental Security Income and who lives in the same household.  No allocation is given for any child who is receiving a public income maintenance payment (such as Temporary Assistance) as defined in section 460-6A(1).  Ineligible child allocations are always applied before the income exclusions listed in section 460-6A are applied.

The amount of the allocation is equal to the difference between the SSISupplemental Security Income maximum payment standard for a couple in an independent living arrangement and the SSISupplemental Security Income maximum payment standard for an individual.  In 2024, this amount is $472 ($1,415 - $943 = $472).  Subtract these allocations from the ineligible spouse's income before any income exclusions are applied.

Each ineligible child's allocation is reduced by the amount of the child's own income, including child support payments received on the child's behalf from an absent parent. (Children who are not eligible for SSISupplemental Security Income do not receive the one-third child support exclusion that is allowed to an SSISupplemental Security Income -eligible child.)

Example:

In 2024, Mr. Cooper Dawson and his disabled spouse, Janelle, live with their three minor children, Hallyn, Alli, and Gabbie.  None of the children are eligible for SSISupplemental Security Income .  Mr. Dawson receives gross monthly earnings of $3,181.  Mrs. Dawson's only source of income is a gross monthly pension of $380.

Mr. Dawson receives monthly child support of $100 from his ex-wife for one child, Gabbie.  The other two children, Hallyn and Alli, receive no income.  Allow allocations from Mr. Dawson monthly earned income for each ineligible child living in the home.  Gabbie's monthly child support payment of $100 reduces his allocation dollar-for-dollar.

Determine the amount of the allocations allowed against the gross monthly income of Mr. Dawson as follows:

 $  3,181      Mr. Dawson's gross monthly earned income less ineligible child allocations for:
-       372      Gabbie ($472 - $100 = $372)
-       472      Hallyn
-       472     Alli
= $1,865    Amount of Mr. Dawson's gross monthly earned income after            subtracting ineligible child allocations.

Mr. Dawson's remaining gross monthly income is then combined with that of Mrs. Dawson.  This combined income, after the income exclusions listed in section 460-6 are applied, is used to determine APAAdult Public Assistance eligibility and benefit level for Mrs. Dawson.

In this example, the $20 general income exclusion is applied against the couple's unearned income of $360 ($380 - $20 = $360), and the $65 plus 1/2 of any remaining earned income exclusions are applied against the couple's earned income amount after allocations of $900 ($1,865 - $65 = $1,800.  $1,800/2 = $900.).  The resulting amount of $1,260 ($360 + $900 = $1,260) is used to determine Mrs. Dawson's APAAdult Public Assistance eligibility and benefit level.

460-5 B.   INCOME ALLOCATIONS OF ALIEN'S SPONSOR

The following allocations may be allowed against the income of an alien sponsor:

1. SPONSOR ALLOCATION

An allocation from a sponsor's own income is given for the sponsor when deeming the sponsor's income to an alien.  The amount of the allocation for a sponsor is the SSISupplemental Security Income maximum payment standard for an individual in an independent living arrangement.  In 2024, this amount is $943.  The allocation reduces the amount of the sponsor's income dollar-for-dollar.

2. SPONSOR'S SPOUSE ALLOCATION

If the spouse is a co-sponsor:  An allocation for the sponsor's spouse, who lives in the same household as the sponsor, is given when deeming the sponsors' income to an alien.  The amount of the allocation is equal to the SSISupplemental Security Income maximum payment standard for an individual in an independent living arrangement.  In 2024, this amount is $943.

If the spouse is not a co-sponsor:  An allocation for the sponsor's spouse, who lives in the same household as the sponsor, is given when deeming the sponsor's income to an alien.  The amount of the allocation is equal to one-half the SSISupplemental Security Income maximum payment standard for an individual living independently (an "A" living arrangement).  In 2024, this amount is $472 ($943/2 = $472).

Example:  

In January 2024, Lucia, an aged alien sponsored by her son, is subject to sponsor deeming.  She lives with her son, who is the sole sponsor, and daughter-in-law.  They have no children or dependents.  The son's total earned and unearned income is $2,600.  The daughter-in-law has no income.  Lucia has no income of her own and receives both food and shelter from her son.  In 2024, the monthly income considered available to Lucia from the sponsor's income is determined as follows:

 $ 2,600     Income of sponsor and wife
-      943    Sponsor allocation
-      472    Sponsor's spouse allocation
= $1,185  Amount deemed available from sponsor

The amount of the sponsor's income considered available to meet the needs of Lucia exceeds the APAAdult Public Assistance eligibility standard for an individual living in another's household ($997 in 2024). Lucia is not eligible for APAAdult Public Assistance based on B1EIndividual, Living in Another's Household (APA Household Type) 2024 eligibility standards.

3. SPONSOR'S DEPENDENT ALLOCATION

An allocation for each dependent of a sponsor of an alien is deducted from the sponsor's income before it is deemed to the alien.  The allocation for each dependent is equal to one-half the SSISupplemental Security Income maximum payment standard for an individual in an independent living arrangement.  In 2024, this amount is $472 ($943/2 = $472). The dependent allocation is not reduced by the dependent's own income.

Example:

A similar situation to example in section 460-5B(2), except that the sponsor's family consists of the sponsor, his wife and child, and one dependent sister.  The sponsors income is $3200 per month.  The monthly income considered available to Lucia from the sponsor's income is determined as follows:

$ 3,200   Income from sponsor and wife
-     943   Sponsor allocation
-     472   Sponsor's spouse allocation
-     472   Dependent allocation for child
-     472  Dependent allocation for sister
= $ 841  Amount deemed available from sponsor

The amount of the sponsor's income considered available to meet the needs of Lucia does not exceed the APAAdult Public Assistance eligibility standard for an individual living in another's household ($997 in 2024).  Lucia is income eligible for APAAdult Public Assistance based on B1EIndividual, Living in Another's Household (APA Household Type) 2024 eligibility standards.