Mrs. Smith, an alien whose sponsor has executed a new version affidavit, files an
SSI claim on 2/18/98. During the initial claims interview, Mrs. Smith alleges that
their sponsor gives them only $350 a month in cash and no other support. The sponsor
verifies their allegation. Mrs. Smith has no other income. The field office (FO) determines
that the criteria for the deeming exception for indigence are met because they don't
live with their sponsor and their income is less than the FBR.
Effective with the first month of eligibility, 2/98, deeming is suspended for 12 months.
Assuming there is no change in the amount of cash received from the sponsor, Mrs.
Smith is charged with $350 cash support (type "S" unearned income) for the months
of 2/98 through 1/99. The claims representative (CR) sets a redetermination diary
to review the case before 1/99.
Effective 2/1/99, deeming is applied under the new version affidavit rules (SI 00502.240) unless Mrs. Smith continues to meet the exception.
Same as above, but in 12/98, at the time of a FO-initiated recontact with Mrs. Smith,
the FO learns that their circumstances have not changed (i.e., the sponsor is providing
them with only $350 cash support). If sponsor deeming were reinstated, the resulting
decrease in their income would leave them indigent.
Sponsor deeming is suspended for a second 12-month period. The second 12-month period
begins on 2/1/99. The CR sets a new diary to review the case before 1/00.
Mr. Brown, an alien whose sponsor has executed a new version affidavit, files an SSI
claim on 2/18/98. Their sponsor was recently laid off from work, and the sponsor’s
only income is a small unemployment compensation check. Their sponsor has limited
resources. Even with sponsor deeming in effect, Mr. Brown is eligible for SSI.
During a post-eligibility interview in 7/98, Mr. Brown alleges that for the past 2
months, the only support they have received from their sponsor has been in the form
of a checking account set up by the sponsor for Mr. Brown’s use. Every month, their
sponsor deposits $250 into the account. This is the only money available to Mr. Brown
to meet their living expenses. Mr. Brown submits checking account statements showing
that the checking account was established on 5/28/98. The FO contacts their sponsor
for a corroborating statement and determines that the criteria for the deeming indigence
exception are met.
Effective 6/1/98, deeming is suspended for 12 months. Mr. Brown is charged with $250
in unearned income (type "S") beginning 6/98.
If Mr. Brown's sponsor finds employment before the end of the 12-month period and
is able to meet all Mr. Brown's needs, deeming remains suspended until 12 months have
elapsed. The additional support their sponsor provides (either as cash or ISM) is
input as Mr. Brown's income (as cash contributions or ISM, not as deemed income).