Program Operations Manual System (POMS)
TN 38 (10-24)
SI 01320.150 Deeming - In-Kind Income and Deeming
Social Security Act, Sec. 1621(c);
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1.
In-kind support and maintenance (ISM) furnished to an ineligible spouse or parent
is not included when determining how much income is deemed, and is not used in determining
the amount of the allocation for an ineligible child or eligible noncitizen (sponsored
by an ineligible spouse or parent). However, ISM received by an essential person or
the sponsor of a noncitizen is not excluded from deeming.
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2.
The current market value of any in-kind income, including in-kind earned income (SI 00820.010), which is not in-kind support and maintenance (SI 00835.310), must be included when determining how much income is deemed from an ineligible
spouse, parent, essential person, or the sponsor of a noncitizen. It is also included
as income to an ineligible child or an eligible noncitizen (sponsored by an ineligible
spouse or parent) for purposes of determining the allocation.
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3.
If a noncitizen is living in the sponsor's household and is receiving support and
maintenance in-kind from the sponsor (or the sponsor's spouse), neither the value
of the one-third reduction (VTR) nor support or maintenance furnished in cash or in
kind to the noncitizen by the sponsor (to the extent that it reflects income or resources
which were taken into account in determining the amount of income and resources to
be deemed to the noncitizen) is income to the noncitizen.
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1.
When an eligible individual lives in the same household with someone whose income
can be deemed to them, any food or shelter that person provides is not income to the
eligible individual. However, any food or shelter from another source is income, unless
excluded under another provision (e.g., HEA/SMA). See SI 00835.210 and SI 00835.300.
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a.
When an eligible individual living with an ineligible spouse receives ISM and there
is income to be deemed from the spouse, the value of the eligible individual's ISM
will not exceed one-sixth the couple Federal Benefit Rate (FBR) plus $10 ($245.83
effective January 2024). When the ineligible spouse's unearned income is added to
the eligible individual's unearned income as described in SI 01320.400B.1.e, the eligible individual's ISM is limited to the value given here.
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b.
When an eligible individual with an ineligible spouse receives ISM and there is no
income to be deemed (i.e., the computation is based on an individual computation rather
than a couple computation as described in SI 01320.400C.2.), the regular ISM rules apply; i.e., the presumed maximum value (PMV) for the eligible
individual will equal one-third the individual FBR plus $20 ($334.33 effective January
2024), or, if an eligible alien couple, the PMV will equal one-third the couple FBR
plus $20 ($491.66 effective January 2024).
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2.
When a noncitizen subject to sponsor-to-noncitizen deeming lives in the sponsor's
household, the noncitizen cannot receive “inside ISM” as defined in SI 00835.020.
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1.
For the one-third reduction provision and deeming, see SI 00835.210.
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3.
For ISM provided to a child in an educational or vocational training institution who
is temporarily absent from his parent's household (i.e., a child away at school),
see SI 00835.714.