TN 51 (10-24)

SI 01320.550 Deeming - Change of Status - Parents/Children

CITATIONS: Social Security Act, Sec. 1614 (f) Regulations 20 CFR 416.1165(g )

A. Deeming change of status for parents or children

Deeming of an ineligible parent's income to an eligible child can begin or end when there has been a change in the family's situation. Except where noted in this section, all changes in status are effective with the month following the month the change occurs.

NOTE:  The changes of status described in policy principles in SI 01320.550B.1SI 01320.550B.7 in this section are listed in the Regulations at 20 CFR 416.1165(g). There are other status changes in addition to those described in SI 01320.550B. in this section. These other changes are effective, for deeming purposes, the month after the month the change occurs. For example, if an ineligible child moves out of the household in May, no allocation is given for that child beginning with June (for purposes of determining eligibility).

B. Policy for changes of status

1. Ineligible parent becomes eligible

If an ineligible parent becomes eligible for Supplemental Security Income (SSI) payments, deeming from that parent to an eligible child to determine the child's eligibility for SSI payments stops beginning with the month the parent becomes eligible. However, to determine the child's SSI payment amount, follow regular retrospective monthly accounting (RMA) rules and include any deemed income in the budget month. In this situation, deeming stops in the parent’s SSI eligibility month (E02 month). The newly eligible parent is considered eligible for a public income maintenance (PIM) payment even though no payment is made in the E02 month.

2. Eligible parent becomes ineligible

If an eligible parent becomes ineligible, deeming of the parent's income begins with the first month of the parent's ineligibility to determine whether the child continues to be eligible for SSI. If the child is eligible, determine the payment amount under regular RMA rules, using countable income in the budget month.

NOTE: When an eligible parent (or eligible parents) become(s) ineligible because of excess income, see the policy at SI 01320.550C. in this section.

3. Ineligible parent dies

If an ineligible parent dies, deeming stops from that parent for purposes of determining the child's eligibility for SSI beginning with the month following the month of death. If the child lived only with the parent who is deceased, determine the payment amount beginning with the month following the month of death using only the eligible child's own income in the budget month. Determine the budget month under regular RMA rules. Income from the deceased parent in the budget month is not used.

If the child lives with two ineligible parents and one dies, deeming continues from the surviving parent to determine eligibility and payment. (Use only the surviving parent's income from the budget month, and give one parental allocation.)

If the child lives with a natural or adoptive parent and a stepparent, and the natural or adoptive parent dies, we do not deem from the surviving stepparent. Use only the child’s income and resources to determine eligibility beginning with the month after the month of the natural or adoptive parent’s death. If the child remains eligible, do not continue to use the deceased natural or adoptive parent’s income from the budget month to determine the payment amount.

4. Ineligible parent and eligible child no longer live in the same household

If an ineligible parent and an eligible child no longer live in the same household, deeming of that parent's income stops effective the month after the month the parent (or child) leaves the household, for purposes of determining eligibility.

If the child remains eligible for SSI, determine the payment amount using income (including any deemed income) in the budget month.

NOTE: If a parent (or child) was temporarily absent from the household, this rule applies effective with the month after the month the parent's (or child's) absence is no longer considered temporary as described in SI 01310.165.

5. Ineligible parent and eligible child begin living in the same household

If an eligible child begins living in the same household as an ineligible parent (e.g., a newborn child comes home from a hospital), the parent's income is deemed to the child for purposes of determining eligibility beginning the month after the month they begin living together. If the child remains eligible for SSI, determine the payment amount using income in the budget month.

NOTE: An eligible child born at home is subject to deeming effective with the month of birth.

6. Eligible child moves into a medical treatment facility

If an eligible child moves into a medical treatment facility and the $30 payment limit applies, deeming stops for purposes of determining eligibility effective with the first month for which the $30 payment limit applies.

Determine the payment amount beginning with the first month for which the $30 payment limit applies using only the child's own countable income in the budget month. Exclude any deemed income from the parent(s) in the budget month.

For more information on the $30 payment limit, see SI 00520.011.

7. Child attains age 18

Deeming stops effective the month following the month an individual attains age 18. An individual attains age 18 on the day preceding the 18th anniversary of their birth.

Determine eligibility using only the individual's own income. Determine the payment amount beginning with the month following the month an individual attains age 18 using only the individual's own countable income in the budget month. Do not use deemed income from the budget month in the payment computation.

The individual's income for the current (computation) month and subsequent months must include any income in the form of cash or in-kind support and maintenance (ISM) provided by the parents.

If the individual attains age 18 and stops living in the same household with their ineligible parent(s), this rule takes precedence over the rule in SI 01320.550B.4. in this section, that requires continued use of deemed income in the payment computation for 2 months following the month the parent(s) and child no longer live in the same household.

8. Ineligible parent and eligible child no longer live in the same household, but the stepparent remains with the eligible child (effective 06/16/08)

Deeming does not continue from a spouse of a parent (stepparent) who continues to live with an eligible child after the natural or adoptive parent has permanently left the household. Use only the child’s income and resources to determine eligibility beginning with the month after the month the natural or adoptive parent left the household.

If the child remains eligible, continue to use the child’s income (including any deemed income) from the budget month to determine the payment amount.

NOTE: 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.

9. Adopted child resumes living with a former parent

Deeming does not resume if an adopted eligible child returns to the household where a former parent resides. Once a child has been legally adopted, the parental relationship with the former parent(s) is terminated in all respects and the new parents assume all legal responsibility for the child. Thus, the presence of a former parent in the household with the eligible child does not re-establish the parent-child deeming relationship. Deeming may apply from the adoptive parents if they continue to live with the eligible child.

NOTE: Refer cases involving an adopted Native American child who returns to the household of a former parent to your Regional Office for possible referral to the Office of the General Counsel. The parent-child relationship in these cases is governed by tribal law and likely require further legal interpretation.

C. Procedures when a parent is ineligible due to excess income

When an eligible parent becomes ineligible for SSI because of excess income, deeming of the parent's income to the child begins effective with the month the parent first becomes ineligible (payment status NØ1).

If the eligible child lives in the same household with:

  • a parent who either has not filed for SSI or is ineligible for SSI for a reason other than excess income, and a parent who is ineligible due to excess income (other than deemed income), follow the deeming rules in SI 01320.500;

  • a parent who either has not filed for SSI or is ineligible for SSI for a reason other than excess income, and a parent who is ineligible due to excess deemed income (or a combination of the parent’s own income and excess deemed income), follow the deeming rules in SI 01320.620;

  • one parent and that parent is ineligible for SSI due to excess income, follow the deeming rules in SI 01320.630; or

  • two parents who are both ineligible for SSI (as a couple) due to excess income, follow SI 01320.630.

For additional operating procedures in multiple deeming situations, see SI 01320.640.

D. Examples of deeming status changes

1. Ineligible parent becomes eligible

Gene Prescott, a disabled child, lives with their parent, Julia, and ineligible sibling. In July, Julia is not eligible for SSI and Julia's income is deemed to Gene. However, on August 8, Julia applies, and is determined eligible to receive SSI.

Beginning with August, Julia's income is no longer deemed to Gene to determine Gene's eligibility. There is no deemed income from Julia in August because Julia is considered eligible for SSI beginning in the SSI eligibility month (E02 month).

To determine the amount of Gene's SSI payment for:

  • August, use Gene's countable income in June (including any deemed income from Julia);

  • September, use Gene's countable income in July (including any deemed income from Julia);

  • October, use only Gene's countable income received in August.

2. Eligible parent becomes ineligible

In November, Julia (from the example in SI 01320.550D.1. in this section) begins receiving worker's compensation which makes Julia ineligible to receive SSI payments.

  • In November, Gene's SSI eligibility is determined using Gene's countable income (including any deemed income from Julia). If Gene is eligible for SSI, Gene's payment is determined using Gene's countable income in September. There is no deemed income from Julia in September, because Julia was eligible for SSI that month.

  • In December, Gene's SSI payment is determined using Gene's own countable income in October.

  • Beginning in January, deeming of Julia's income applies in both the eligibility and payment determinations. (In this example, use the deeming rules in SI 01320.500).

3. Ineligible parent dies

Henry Walden is a disabled child who lives with their ineligible parents, Nicolas and Theresa.

On June 10, 2025, Theresa Walden died. Theresa had been working and received gross wages of $751 in April and in May, and $329 in June.

Nicolas Walden's only income is a pension check of $1,368 per month in April, May, and June, and $1,378 per month from July on.

Henry has no income. There are no ineligible children living in the household.

In June, Henry's eligibility is determined by computing deemed income from both their parents.

  • Nicolas' unearned income of $1,368 is reduced by $20, leaving $1,348.

  • Theresa's earned income ($329) is reduced by the work expense exclusion ($65 plus one-half the remainder) leaving $132.

  • The total income remaining ($1,480) is then reduced by the parent allocation ($1,450), which leaves deemed income of $30.

  • The $20 general income exclusion is subtracted from Henry's income, which leaves Henry with $10 countable income.

Because this amount is less than the Federal Benefit Rate (FBR) for an individual for June, Henry is eligible. Henry's payment amount is determined using countable income (including deemed income from their parents) in April.

In July, Henry's eligibility is determined using only Nicolas' income, because Henry has no income of their own.

  • Nicolas' unearned income for July ($1,378) is reduced by $20, leaving $1,358.

  • This is then reduced by the living allowance for one parent ($967), leaving $391. This is the amount of Nicolas' income deemed to Henry.

  • Henry's countable income is $371 ($391 deemed income minus the $20 general exclusion).

Because $371 is less than the FBR for an individual for July, Henry is eligible. Henry's payment amount is determined based on Henry's countable income (i.e., deemed income from Nicolas) in May.

  • In May, Nicolas received $1,368 in unearned income, which is reduced by $20, leaving $1,348.

  • A living allowance for one parent ($967) is deducted which leaves $381 to be deemed to Henry.

  • Henry’s deemed income is reduced by the $20 general income exclusion, leaving total countable income of $361.

  • Henry's SSI payment for July is $606.

4. Ineligible individual adopts an eligible child

Jimmy Berlin, an eligible child, lives with Nancy Smith, who has taken care of Jimmy for two years and files for adoption. The adoption becomes final on April 14.

  • In April, Jimmy's eligibility for SSI in April is determined based on Jimmy's own income that month.

  • In May, Nancy's income is deemed to Jimmy to determine eligibility. If eligible, Jimmy's SSI payment for May is determined using Jimmy's own income in the budget month (March).

  • In June, Nancy's income is deemed to Jimmy to determine eligibility and, if eligible, Jimmy's own income in the budget month (April) is used to determine the SSI payment.

  • Beginning with July, Nancy's income is deemed to Jimmy for both the eligibility and payment determinations. The payment amount for July is determined using Jimmy's own income and deemed income from Nancy in the budget month (May).

5. Ineligible parents awarded joint custody of an eligible child

Mary, a 5-year old child, has been receiving SSI for 6 months. Mary lived with their parent on April 1. (Mary's parents, Anthony and Simone separated on March 4 and filed for a divorce). The court approved the separation agreement and granted joint custody of the child, specifying that Mary would reside on alternate weeks with the other parent.

On April 25, Mary went to live with Anthony in Anthony's home. On May 2, Mary returned to Simone's home.

  • In April, deeming applies from Simone to determine Mary's eligibility for the month. If Mary is eligible, payment is computed using income from the budget month (February). Because Mary was still living with both parents in February, we include deemed income from both Mary's parents.

  • In May, deeming applies from Anthony to determine Mary's eligibility, because Mary was living with Anthony on May 1. Mary's payment is computed using income from the budget month (March), including deemed income from both parents.

  • In June, deeming applies from Simone to determine eligibility because Mary was living with Simone on June 1. Mary’s payment is computed using income from Simone because Mary was living with Simone on April 1.

Date

Living With

Eligibility Comp

Payment Comp

February 1

Both parents

March 1

Both parents

April 1

Simone

Simone – Not N01

Both parents – 2 Budget Months (February 1)

May 1

Anthony

Anthony – Not N01

Both parents – 2 Budget Months (March 1)

June 1

Simone

Simone – Not N01

Simone – 2 Budget Months (April 1)

6. Adopted child returns to the household of a former parent

Jim is an 8-year old SSI eligible child residing in the household of their natural parent, Mark.

In May, Jim is legally adopted by their Aunt Carol and begins living in Carol's household.

  • In June, deeming applies from Carol to determine Jim’s eligibility based on the newly established parent-child relationship. Jim's payment is computed using income from April (including deemed income from Mark).

  • In July, deeming applies from Carol to determine Jim’s eligibility. Jim's payment is computed using income from May (including deemed income from Mark).

  • In August, deeming applies from Carol to determine both Jim’s eligibility and payment amount.

In October, Jim and Carol move into Mark’s household due to financial concerns. The parent-child relationship with Mark is not re-established based on Jim’s presence in the household, and we continue to deem from Carol. Additionally, standard living arrangement development is undertaken to determine if Jim is receiving in-kind support and maintenance (ISM).

7. Child is adopted by grandparents while living in the grandparent’s household with a natural parent

Kay is an unmarried 15-year old minor child who lives in their parents’ household.

Kay gives birth to Ben, an SSI eligible child, in October.

In January, Kay’s parents legally adopt Ben. Kay and Ben continue to live in Kay's parents’ household after Ben is adopted.

  • In February, there is no longer deeming from Kay to Ben, and deeming from Kay’s parents to Ben begins. Ben’s eligibility is determined using Ben's countable income (including deemed income from Kay’s parents). Ben's payment amount is computed using income from December (including deemed income from Kay).

  • In March, Ben’s eligibility is determined using Ben's countable income (including deemed income from Kay’s parents). Ben's payment amount is computed using income from January (including deemed income from Kay).

  • In April, normal parent-to-child deeming rules apply. Ben’s eligibility and payment amount are determined using Ben's countable income from February (including deemed income from Kay’s parents).

Beginning in February, the amount of income deemed from Kay’s parents to Ben is reduced due to an ineligible child allocation for another child in the household (Kay).

8. Ineligible parent and eligible child no longer live in the same household, but stepparent remains with the eligible child (effective 06/16/08)

Jack is an SSI eligible 13-year-old minor child who lives with their natural parent and the parent’s spouse, Cathy (Jack’s stepparent).

Jack’s natural parent permanently leaves the home on July 15. Jack and their stepparent, Cathy, continue to live in the same household.

  • In August, there is no longer deeming from Jack’s parent or stepparent. Jack’s eligibility is determined using only Jack's own income and resources. If Jack remains eligible, Jack's payment amount is determined using Jack's income in June (including deemed income from Jack's parent and stepparent).

  • In September, Jack’s eligibility is determined using only Jack's own income and resources. If Jack remains eligible, Jack's payment amount is determined using Jack's income in July (including deemed income from their parent and stepparent).

  • In October, Jack’s eligibility is determined using only Jack's own income and resources. If Jack remains eligible, Jack's payment amount is determined using only Jack's own income in August (no deeming from Jack’s stepparent occurs in August because Jack's parent left the home in July).

E. References

  • SI 00520.011 - Determination of Applicability of $30 Payment Limit

  • SI 01310.165 - Deeming Concept – Temporary Absence

  • SI 01320.620 - Deeming of Income from an Ineligible Spouse to an Eligible Individual and an Eligible Child

  • SI 01320.630 - Deeming to Eligible Child(ren) from Parents Who Are Ineligible Because of Excess Income Operating Policy

  • SI 01320.640 - Multiple Deeming Situations – Operating Policy


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501320550
SI 01320.550 - Deeming - Change of Status - Parents/Children - 10/18/2024
Batch run: 10/18/2024
Rev:10/18/2024