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 SSI Supplemental 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 SSI Supplemental Security Income maximum payment standard for a couple in an independent living arrangement and the SSI Supplemental Security Income maximum payment standard for an individual. In 2000, this amount is $257 ($769 - $512 = $257). 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 SSI Supplemental Security Income do not receive the one-third child support exclusion that is allowed to an SSI-eligible child.)
Example:
In 2000, Mr. Steven Davis and his disabled spouse, Jane, live with their
three minor children, Ben, Robert, and Joshua. None
of the children are eligible for SSI Supplemental Security Income.
Mr. Davis
receives gross monthly earnings of $2,000. Mrs.
Davis' only source of income is a gross monthly pension of $225.
Mr. Davis receives monthly child support of $100 from his ex-wife for one
child, Ben. The
other two children, Robert and Joshua, receive no income. Allow
allocations from Mr. Davis' monthly earned income for each ineligible
child living in the home. Ben'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. Davis as follows:
$
2,000 Mr.
Davis' gross monthly earned income Less ineligible child allocations for:
- $
157
Ben
($257 - $100 = $157)
- $
257
Robert
- $
257
Joshua
= $ 1,329
Amount
of Mr. Davis' gross monthly earned income after subtracting ineligible
child allocations
Mr. Davis' remaining gross monthly income is then combined with that of
Mrs. Davis. This
combined income, after the income exclusions listed in section 460-6
are applied, is used to determine APA eligibility and benefit level for
Mrs. Davis.
In this example, the $20 general income exclusion is applied against the
couple's unearned income of $225 ($225 - $20 = $205), and the $65 plus
1/2 of any remaining earned income exclusions are applied against the
couple's earned income amount after allocations of $1,329 ($1,329 - $65
= $1,264. $1,264
x 1/2 = $632.). The
resulting amount of $837 ($205 + $632 = $837) is used to determine Mrs.
Davis' APA 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:
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 SSI Supplemental Security Income maximum payment standard for an individual in an independent living arrangement. In 2000, this amount is $512. 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 SSI Supplemental Security Income maximum payment standard for an individual in an independent living arrangement. In 2000, this amount is $512.
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 SSI Supplemental Security Income maximum payment standard for an individual living independently (an "A" living arrangement). In 2000, this amount is $256 ($512 x 1/2 = $256).
Example:
In January 2000, Ms . Lieu Wong, 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 $1,700. The
daughter-in-law has no income. Ms
. Lieu Wong has no income of her own and receives both food and shelter
from her son. In
2000, the monthly income considered available to Ms . Lieu Wong from the
sponsor's income is determined as follows:
$
1,700 Income
of sponsor and wife
- $
512
Sponsor
allocation
- $
256
Sponsor's
spouse allocation
= $ 932
Amount
deemed available from sponsor
The amount of the sponsor's income considered available to meet the needs
of Ms . Lieu Wong exceeds the APA payment standard for an individual living
in another's household ($786 in 2000). Ms
. Lieu Wong is not eligible for APA based on 2000 payment 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 SSI Supplemental Security Income maximum payment standard for an individual in an independent living arrangement. In 2000, this amount is $256 ($512 x 1/2 = $256). 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
monthly income considered available to Ms . Lieu Wong from the sponsor's
income is determined as follows:
$
1,700 Income
from sponsor and wife
- $
512
Sponsor
allocation
- $
256
Sponsor's
spouse allocation
- $
256
Dependent
allocation for child
- $
256
Dependent
allocation for sister
= $ 420
Amount
deemed available from sponsor
The amount of the sponsor's income considered available to meet the needs
of Ms . Lieu Wong does not exceed the APA payment standard for an individual
living in another's household ($786 in 2000). Ms
. Lieu Wong is income eligible for APA based on 2000 standards.
|
|
|
|
||
|
|
|
|