A parent whose income and resources are subject to deeming is one who lives in the same household with an eligible child and is:

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  a natural parent of the child;

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  an adoptive parent; or

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  the spouse of the natural or adoptive parent (“stepparent”) who lives in the same household as the natural or adoptive parent (including a “holding out” spouse as defined in SI 00501.152).

IMPORTANT: Parent-to-child deeming from a stepparent does not apply when the natural or adoptive parent has permanently left the household. Treat any absence by a natural or adoptive parent as permanent unless it is considered a temporary absence according to the instructions in SI 01310.165.

A parent whose income and resources are subject to deeming is one who lives in the same household with an eligible child and is:

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  a natural parent of the child;

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  an adoptive parent; or

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  the spouse of the natural or adoptive parent (including a “holding out” spouse as defined in SI 00501.152).

EXCEPTION: Prior to 06/16/08, in the Second Circuit (Connecticut, New York, and Vermont), the Florez v. Callahan decision set an additional requirement for deeming from the spouse of a natural or adoptive parent. In Connecticut, New York, and Vermont ONLY, the income and resources of the spouse of a natural or adoptive parent who lived with the eligible child were deemed to the child only when the natural or adoptive parent also lived in the household.

We deem a parent's income and resources to an eligible child beginning the month:

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  after the month the child comes home to live with the parent(s) (e.g., the month following the month the child comes home from the hospital);

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  of birth when a child is born in the parent's home;

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  after the month of adoption (the month of adoption is the month the adoption becomes final); or

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  after the month of a parent’s marriage (e.g., when a natural or adoptive parent marries) or the month after the month a parent begins living in a “holding out” relationship.

Generally, the same deeming rules that apply to a parent also apply to the spouse of a parent (a stepparent). In certain situations, we do not deem a stepparent’s income and resources to an eligible child even though the stepparent continues to live with the eligible child.