Effective Dates: 09/26/2024 - Present Previous | Next

TN 21 (09-24)

SI 01310.110 Deeming Concept - Allocation

A. Background

It would not be equitable to deem the entire amount of the ineligible spouse's, parent's, or sponsor's income to the individual or child without some provision to permit the deemor to meet the deemor's own needs and those of ineligible children in the household.

B. Definition of allocation

An allocation is an amount deducted from income subject to deeming, which is considered to be set aside for the support of certain individuals other than the eligible individual. The types and amounts of these allocations are described below.

C. Policy for changes in allocations

Changes in allocations (e.g., due to birth or death, entering or leaving a household, or no longer meeting the definition of a child) are effective with the month following the month of change, unless stated otherwise elsewhere in this chapter (e.g., a child is born in the parent's household).

D. Policy for types of allocations

1. Noncitizen allocation

Deduct an allocation from an ineligible parent's or spouse's income for each noncitizen who is eligible for Supplemental Security Income and subject to deeming from the same parent or spouse. Deduct the noncitizen allocation before income is deemed to the child or spouse.

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    The amount of the allocation is equal to the difference between the federal benefit rate (FBR) for an eligible couple and the FBR for an eligible individual.

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    Reduce each noncitizen's allocation by the amount of their own countable income (including any income deemed from a source other than the ineligible spouse or parent who is the sponsor).

2. Dependent allocation

Deduct an allocation for each dependent of a sponsor of a noncitizen from the sponsor's income before it is deemed to the alien.

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    The allocation for each dependent is equal to one-half the FBR for an eligible individual.

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    Do not reduce a dependent's allocation by their own income.

3. Ineligible child allocation

Deduct an allocation from an ineligible parent’s or spouse’s income for each ineligible child who lives in the household. Deduct the ineligible child allocation before income is deemed to the eligible child or spouse.

EXCEPTION: There is no ineligible child allocation for any child who receives public income maintenance (PIM) payments (as defined in SI 01320.141).

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    The amount of the allocation is equal to the difference between the FBR for an eligible couple and the FBR for an eligible individual.

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    Reduce each ineligible child’s allocation by the amount of their own countable income.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501310110
SI 01310.110 - Deeming Concept - Allocation - 09/26/2024
Batch run: 09/26/2024
Rev:09/26/2024