770-8          DEEMING INCOME AND RESOURCES

770-8A.  SPONSORED ALIENS

Eligibility requirements for sponsored aliens may differ due to allowances based on date of U.S.United States entry, type of sponsorship form submitted to the INSImmigration and Naturalization Service, U.S.United States employment history, etc.

1. Sponsor-to-Alien Deeming

Sponsors are required to execute an affidavit of support with the Immigration and Nationalization Service (INS) and demonstrate they can provide enough financial support to the sponsored alien so they do not have to rely on public assistance benefits.

When a sponsored alien applies for ATAPAlaska Temporary Assistance Program, a portion of the income and resources belonging to the sponsor(s) and Form I-874 signatories are required to be attributed to the alien, regardless of actual availability. This is known as deeming.

The deeming rules apply only to eligible lawful permanent residents (LPRs) whose sponsor has signed a legally binding affidavit of support (Form I-864 or I-864A) on or after December 19, 1997.

Alien sponsorship can be verified through SAVESystematic Alien Verification for Entitlements. For additional information on how to obtain alien sponsorship verification refer to Administrative Procedures Manual section 105-14.

2. Aliens Not Subject to Sponsor-to-Alien Deeming

The following aliens are not subject to sponsor-to-alien deeming:

1. Aliens with 40 qualifying quarters of work;
2. Aliens who became lawful permanent residents before December 19, 1997 and aliens whose sponsors signed affidavits of support before December 1997;
3. Qualified aliens who are sponsored by an organization or who are not legal permanent residents and who are not required to have a sponsor (refugees, asylees, parolees, and Cuban and Haitian entrants);
4. Legal permanent residents who adjusted from refugee or asylee status;
5. Aliens who are in the same ATAPAlaska Temporary Assistance Program household as the sponsor. Deeming does not apply because the sponsor's income and resources are already counted. There is, however, no deeming exemption if the sponsor receives ATAPAlaska Temporary Assistance Program in a different household than the alien;
6. Aliens who are victims of severe forms of trafficking, who are not required to have a sponsor, and are required to be treated like refugees for purposes of eligibility;

7. Indigent aliens; If an alien is determined to be indigent per the defintion in ATAP MS 770-8A4 the caseworker must notify the Policy Unit of the determination via email at hss.dpa.policy@alaska.gov. The email will need to include the names of the indigent alien and the alien's sponsors. Each indigence determination is effective for 12 months and may be renewed for an additional 12-month period;

8. Aliens who are victims of domestic violence or extreme cruelty, as well as certain family members; and
9. Aliens whose sponsors signed affidavit(s) of support other than the I-864 Affidavit of Support.

3.  Sponsor-to-Alien Deeming Period

The deeming period begins when the qualified alien meets the 5 year bar and applies for ATAPAlaska Temporary Assistance Program or the qualified alien applies for ATAPAlaska Temporary Assistance Program and is exempt from the 5 year bar as shown in ATAPAlaska Temporary Assistance Program MSManual Section 713-4D.

The deeming period will end under the following circumstances:

1. The alien's sponsor dies and there are no joint sponsors or Form I-864 signatories to continue the sponsorship;
2. The sponsored alien becomes a naturalized U.S. citizen;
3. The sponsored alien has earned 40 qualifying quarters of coverage, as defined under Title II of the Social Security Act (42 USC 401 et seq.); or can be credited with such qualifying quarters as provided under 8 USC 1645.

• Sponsored aliens under the age of 18 can be credited with all of the qualifying quarters of coverage worked by their sponsored alien parent; and
• A sponsored alien can be credited with all of the qualifying quarters of coverage worked by their sponsored alien spouse during the marriage, as long as the sponsored alien is still married to the person who worked the qualifying quarters, or the earner of the qualifying quarters is deceased.

4.  Sponsor to Alien Deeming Period Exceptions

The sponsor-to-alien deeming period can be adjusted in the following circumstances:

Victims of Battery Violence or Extreme Cruelty

An alien who is a victim of battery or extreme cruelty may receive a 12 month exemption from the sponsor-to-alien deeming requirement when:

• They demonstrate that or she has been battered or subject to extreme cruelty in the U.S. by a spouse, parent, or by a member of the spouse or parent's family residing in the same household as the alien;
• There is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought; and
• The battered alien, child, or parent no longer resides in the same household as the abuser.

After the expiration of the initial 12 month deeming exemption period, alien(s) may request a modification to the standard deeming requirements when:

• The alien demonstrates that the battery or cruelty has been recognized in an order of a judge or administrative law judge, or a prior determination of the INSImmigration and Naturalization Service; and
• In the opinion of DPADivision of Public Assistance, there is a substantial connection between the abuse or battery suffered by the alien, the alien's child, and/or the alien's parent(s) and the need for the ATAPAlaska Temporary Assistance Program benefit.

The modification to the deeming requirements allow for the income of the sponsor or Form I-864 signatories responsible for the abuse or battery to be exempt. While all other sponsor(s) or Form I-864 signatories' income is required to be deemed as shown in ATAPAlaska Temporary Assistance Program MSManual Section 770-8A.

Indigent Aliens:

An indigent alien is an LPRLawful Permanent Resident whose sponsor executed Form I-864, and whose compilation of income, cash, or in-kind assistance provided by the sponsor(s), Form I-864 signatories, or others total less than the SNAPSupplemental Nutrition Assistance Program gross income limit for the alien's household. Refer to SNAPSupplemental Nutrition Assistance Program addendum 4. If the household is determined over income for SNAPSupplemental Nutrition Assistance Program then they are not considered to be indigent for ATAPAlaska Temporary Assistance Program. Each indigence determination is effective for 12-months and may be renewed for additional 12-month periods

Notification to hss.dpa.policy@alaska.gov must be sent whenever an alien is determined indigent and accepts ATAPAlaska Temporary Assistance Program benefits.

5.  Deeming Sponsor Resources

A portion of the resources belonging to a sponsor (and sponsor's spouse if the spouse is living with the sponsor) is deemed to be the resources of a sponsored alien. The resources belonging to the sponsor's spouse will be counted even if the sponsor and spouse were married after the signing of the sponsorship agreement.

All but $1,500 of the total countable resources belonging to the sponsor and sponsor's spouse is deemed to the sponsored alien.

The amount of resources deemed to the sponsored alien is considered in determining the eligibility of the household in which the alien is a member.

In any case where an individual is the sponsor of 2 or more aliens, the resources of the sponsor(s) and Form I-864 signatories that would otherwise be deemed available to the alien, are equally divided amongst the aliens sponsored by the individual.

6.  Sponsor is the Alien's Spouse

When an alien is sponsored with Form I-864 by their spouse and they apply together for ATAPAlaska Temporary Assistance Program their resources are consider completely available to each other and should be determined according to DPADivision of Public Assistance's standard ATAPAlaska Temporary Assistance Program resource policies.

7.  Deeming Sponsor Income

Sponsors receiving TATemporary Assistance or SSISupplemental Security Income are excluded from this process. If this process applies, the computations are:

a. Determine the sponsor's and the sponsor's spouse's gross earned income. Use the policies of this manual just as if the sponsor and spouse had applied for Temporary Assistance. If either or both are self-employed, allow all proper costs of doing business as deductions.

b. Sponsor and spouse together are allowed only a 20% deduction from gross earned income. The maximum allowed is $175, even if the 20% amount is more than $175.

c. The result of subtracting the work deduction from the monthly earned income is added to all amounts of unearned income received by both sponsor and spouse. Include any amounts they receive on behalf of children not in the grant who live with them, such as Social Security. Exclude any unearned income that is excluded for ATAPAlaska Temporary Assistance Program applicants.

d. From the total earned and unearned income 3 possible deductions must be examined to see if they apply:

• If the sponsor claims anyone outside the home as a federal income tax dependent, any actual payment made or reasonably anticipated to be made is allowed as a deduction; and
• If the sponsor pays child support or alimony to anyone outside the home, any actual payment made or reasonably anticipated to be made is allowed as a deduction; and
• The sponsor and anyone else who lives with him and who he claims as a dependent for federal income tax purposes are entitled to a deduction for their personal needs. This deduction can only e given for people in his home who are not going to be included in the ATAP application.

The amount of this deduction is computed by using the appropriate ATAPAlaska Temporary Assistance Program need standard, usually the adult-included standard. Treat second and additional adults as if they were additional children.

e. All of the allowed deductions are totaled and that total is subtracted from the total income.

f. The net sponsor income is the available income to the alien. However, if the sponsor sponsors more than one alien, this "net" income amount must be divided equally among all the sponsored aliens.

g. The income period used for sponsors is the month used for the applicant or recipient.

The amount of income deemed to the sponsored alien is considered unearned income in determining the eligibility and benefit level of the household in which the alien is a member.

Actual money given to the alien by the sponsor or the sponsor's spouse is not considered as income to the alien unless the amount exceeds the amount attributed to the alien as deemed income. The portion of the amount that actually exceeds the amount deemed is considered income to the alien in addition to the deemed income amount.

8. Changes in Sponsor

• If the alien reports during the certification period that the sponsor(s) and Form I-864 signatories have changed, the deemed income and resources is recalculated based on the income and resources of the new sponsor(s) and Form I-864 signatories.
• If an alien loses their sponsor(s) and Form I-864 signatories and does not obtain another, the deemed income and resources of the previous sponsor(s) and Form I-864 signatories continue to be attributed to the alien until another sponsor(s) and Form I-864 are obtained or until the period of deeming ends, whichever occurs first.
• if the sponsor(s) and Form I-864 signatories die, the deemed income and resources of the deceased sponsor is no longer attributed to the alien. All remaining sponsor(s) and Form I-864 signatories' income and resources continue to be deemed.

9. Responsibilities of a Sponsored Alien

• Provide information and verification needed to calculate deemed income and resources at initial application and recertification.
• Provide the names (or other identifying factors) of other aliens for whom the alien's sponsor(s) and Form I-864 signatories has signed an agreement to support. If such information is not provided, the entire amount of the deemed income and resource amounts calculated will be attributed to the applicant alien until the information is provided.
• Report the required information about the sponsor(s) and Form I-864 signatories if the alien obtains a new sponsor(s) and Form I-864 signatories during the certification period.
• Report if the sponsor(s) and Form I-864 signatories change or lose employment or die during the certification period.

10. Caseworker's Responsibilities

• At initial application obtain the name, address, and phone number of the sponsor(s) and Form I-864 signatories;
• Verification of the income and resources of the sponsor(s) and Form I-864 signatories;
• The number of dependents claimed or could be claimed as dependents by the sponsor(s) and Form I-864 signatories for Federal income tax purposes;
• Verify the income, resources, and any questionable information needed to determine the alien household's eligibility and benefit amount;
• Assist the alien with obtaining verification required for an eligibility determination.

11. Verification of Sponsor's Resources and Income

The alien is responsible for obtaining the information and documentation necessary to calculate the deemed income and resource amounts. The caseworker must help the alien obtain the verification, if necessary. INSImmigration and Naturalization Service, through SAVESystematic Alien Verification for Entitlements, can provide the sponsor(s) and Form I-864 signatories name, address, and SSNSocial Security Number

While awaiting verification, the sponsored alien is ineligible and considered an excluded household member. See ATAPAlaska Temporary Assistance Program MSManual Section 750-2. In this situation, the deemed income and resources are not considered available in determining the eligibility and benefit level of the remaining household members. If the same sponsor is responsible for the entire household, the entire household is ineligible until the required sponsor(s) and Form I-864 signatories' information is provided and/or verified.

770-8B.  STEPPARENTS

1.  Income Deeming

Not all cases with stepparents require deeming. Stepparents receiving TA or SSI are excluded from this process. If the stepparent has income, lives in the home, and does not have his or her needs included in the grant, the computations are:

1. Determine the stepparent's earned income for the month, using the policies just as if the stepparent were an ATAP applicant. If there is earned income from self-employment, allow all proper costs of doing business as deductions.
2. Subtract $90 for work expenses from the stepparent's earned income. For self-employment income, this deduction is allowed only in the months he or she actually works, not in any other prorated months.
3. The result of this subtraction is added to the total of all countable unearned income received by the stepparent. Exclude any unearned income excluded for ATAP applicants but include any income received by the stepparent on behalf of children not in the grant who live in the home.
4. From the total of earned and unearned income, 3 possible deductions are subtracted if they apply:

• If the stepparent claims anyone outside the home as a federal income tax dependent, any actual payment made or reasonably expected to be paid is allowed as a deduction; and
• If the stepparent pays child support or alimony to anyone outside the home, any actual payment made or reasonably expected to be paid is allowed as an additional deduction; and
• The stepparent and anyone else in the home are entitled to a deduction for their personal needs, if the stepparent claims them as federal income tax dependents and if they are not included in the TA case.

The amount of this deduction is computed by using the appropriate ATAP need standard, usually the adult-included standard. Second and additional adults are added as if they were additional children. If the stepparent is alone, he or she receives the pregnant woman standard amount as a deduction.

e. After all the allowable deductions are totaled, that total is subtracted from the total income.

f. The net income resulting is the stepparent's net countable income.

g.The income period used for stepparents is the month used for the applicant or recipient.

2.  Resource Deeming

The resources of a person who legally marries the natural or adoptive parent of a child are not considered available to the child, even if the child and his stepparent live in the same house or the stepparent has assumed the responsibilities of a natural parent, or he has claimed the child as a deduction or exemption for income tax purposes.

If the stepparent is the spouse of the natural parent, and they are living together, all of their resources are considered available to each other. (Jointly held liquid resources are discussed separately in ATAPAlaska Temporary Assistance Program MSManual Section 752-2 and 752-8.) If the assistance unit is over resource because of the separate resources of the stepparent, the assistance unit's eligibility should be redetermined leaving out the natural parent and excluding the stepparent's resources.

770-8C.  MINOR PARENTS

1.  Income Deeming

For the purposes of this section, a minor parent is a parent under the age of eighteen who is not married or emancipated.

If a minor parent of a dependent child lives in the home of his or her own parent, and the parent has not applied for and is not receiving TATemporary Assistance, the income of the parent must be deemed available to the minor parent and dependent child.

This deeming computation continues through the month of a minor parent's eighteenth birthday and is applied in the 185% test, the eligibility determination test, and the payment computation. The deductions given in deeming the income are similar to those given to stepparents.

1. 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 an ATAPAlaska Temporary Assistance Program applicant. If there is earned income from self-employment, allow all proper costs of doing business as deductions.
2. 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, not in any other prorated months.
3. The result of this subtraction is added to the total of all countable unearned income received by the minor parent's parents. Exclude any unearned income exempted for ATAPAlaska Temporary Assistance Program applicants, but include any income received by the minor parent's parent(s) on behalf of children who are not in the grant but who live in the home.
4. From the total of earned and unearned income, 3 possible deductions are allowed:

• If the parent(s) claims anyone outside the home as a federal income tax dependent, any actual payment made or reasonably expected to be paid is allowed as a deduction;
• Child support and alimony payments by the parent(s) to individuals outside the home; and
• The The parent(s) and anyone else in the home are entitled to an income deduction for their personal needs, if the parent claims them as federal income tax dependents and if they are not included in the Temporary Assistance case.The amount of this deduction is computed by using the appropriate ATAPAlaska Temporary Assistance Program need standard, usually the adult-included standard. Second and additional adults are added as if they were additional children. If there is only one parent, he/she receives the pregnant woman standard as a deduction.

e. 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% test, the eligibility determination, and the payment computation.

f. The income period used for a parent(s) is the month used for the applicant or recipient.

2.  Resource Deeming

The resources of a minor parent's parent are not considered to be available to the minor parent.