5160-14 DEEMED INCOME
5160-14 A. Stepparent and Grandparent Deeming
The Medicaid and Denali KidCare programs recognize a financial obligation for support from spouse-to-spouse and parent-to-child only. If a dependent is initially found ineligible for Family Medicaid because of stepparent or grandparent deeming, or consideration of the income and resources of a sibling under Section 5104-1, the child's eligibility for Family Medicaid must be redetermined excluding the need, income, and resources of the stepparent, grandparent, or sibling. Only income actually contributed to the child by a stepparent, grandparent, or sibling is considered. For deeming purposes, a dependent child is one that may be claimed as a deduction or exemption for income tax purposes.
Example:
The blended household consists of four persons. The parents are married
and have one common child. Mom has one child from previous relationship
and has no income. Dad receives $2,200 earned income less $90 work
deduction = $2,110. The parents have no countable resources. The
applicant household of four is ineligible for FM as their income exceeds
the Net Income limit of $1,363.
Redetermine eligibility for mom and her non-common child based on a household
size of two. The spouse’s income/resources however, are considered
available to mom. If the spouse’s income causes FM ineligibility,
code mom OU on the SEPA
screen and redetermine eligibility for the child based solely on mom’s
income/resources.
In situations such as the example above, the child’s parent or caretaker relative may be ineligible for Family Medicaid because of deemed income, even when the child qualifies for Family Medicaid.
5160-14 B. Deeming the Income of the Parent of a Minor Parent
For the purposes of this section, a minor parent is a parent under the age of eighteen.
If a minor parent is also a dependent child living in the home of his or her own parent, and that parent has not applied for and is not receiving Family Medicaid, the income of the parent must be deemed to the minor parent. However, the income of the grandparent may not be deemed to the grandchild if it would cause the grandchild to be ineligible due to that income. See Section 5160-14(A).
This deeming computation continues through the month of a minor parent's eighteenth birthday and is applied in the 185% eligibility determination test.
Determine the
earned income of a minor parent's parent for the month, using the
income policies as if the minor parent's parent were a Family Medicaid
applicant. If there is earned income from self-employment, follow
the self-employment income rules.
Subtract $90
for work expenses from the earned income of each parent. For
self-employment or contractual income, this deduction is allowed only
in the months the self-employed individual actually works.
The result of
this subtraction is added to the total of all countable unearned income
received by the minor parent's parent. Exclude any unearned
income exempted for Family Medicaid applicants, but include any income
received by the minor parent's parent on behalf of children who live
in the home.
From the total
of earned and unearned income, three possible deductions are allowed:
Amounts
paid by the parent to support an individual outside the home who
could be claimed as federal income tax dependents.
A child
support payment by the parent to individuals outside the home.
The parent
is entitled to an income deduction for their personal needs. They
also receive deductions for anyone else in the home if they are
dependents of the parent and if they are not included in a Family
Medicaid case. The amount of this deduction is computed by using
the appropriate Family Medicaid need standard.
After all the
allowable deductions are totaled, that total is subtracted from the
total income. The net income resulting, if there is any, is
used in determining eligibility through the 185% eligibility determination
test.
The income period used for a parent is the month used for the applicant or recipient.
5160-14 C. Deeming The Income Of The Sponsor Of An Alien
The Personal Responsibility and Work Opportunity Reconciliation Act and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( IIRIRA), Section 213A, created a new requirement for all family sponsored immigrants and those employment-based immigrants who will work for a close relative or for a firm in which a U.S. citizen or lawful permanent resident relative holds a 5 percent or greater ownership interest. An alien who applies for an immigrant visa or adjustment of status in one of these categories on or after December 19, 1997, must have an affidavit of support ( AOS ), USCIS Form I-864. An AOS is a legally binding promise that the sponsor will provide support and assistance to the immigrant if necessary.
The AOS must be signed by a sponsor who meets certain statutory requirements. Sponsors must be able to demonstrate that they are able to maintain the sponsored alien(s) at an annual income of not less than 125 percent of the federal poverty level. If the family member who filed the visa petition does not have enough money to sponsor the alien(s), then another person can sign an AOS as a "joint sponsor," indicating that he or she is willing to support the immigrant in the future if needed.
The sponsor's obligation under the AOS lasts until the immigrant has naturalized, has worked or can be credited with 40 quarters of work, leaves the U.S. permanently, or dies. The sponsor and joint sponsor (if any) must also agree to repay the government if the immigrant uses certain benefits during that time and if the government asks the sponsor for repayment.
If you have an alien with an affidavit of support, please email dpapolicy@alaska.gov for guidance on how to deem the income of the sponsor.
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