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
her sponsor gives her only $350 a month in cash and no other support. The sponsor
verifies her allegation. Mrs. Smith has no other income. The field office (FO) determines
that the criteria for the deeming exception for indigence are met because she doesn’t
live with her sponsor and her 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 her circumstances have not changed (i.e., the sponsor is providing
her with only $350 cash support). If sponsor deeming were reinstated, the resulting
decrease in her income would leave her 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. His sponsor was recently laid off from work, and the sponsor’s only
income is a small unemployment compensation check. His 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 he has received from his sponsor has been in the form of
a checking account set up by the sponsor for Mr. Brown’s use. Every month, his sponsor
deposits $250 into the account. This is the only money available to Mr. Brown to meet
his living expenses. Mr. Brown submits checking account statements showing that the
checking account was established on 5/28/98. The FO contacts his sponsor for a corroborating
statement and determines that the criteria for the deeming indigence exception are
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 his sponsor provides (either as cash or ISM) is input
as Mr. Brown's income (as cash contributions or ISM, not as deemed income).