TN 8 (08-08)
SI 01310.115 Deeming Concept - Child
Regulations, 20 CFR 416.1101 , 416.1160
A child is someone who is neither married nor the head of a household, and is:
2. Eligible child for deeming purposes
For deeming purposes, an eligible child is a natural or adopted child under age 18 who lives in a household with one or both parents, is not married, and is eligible for SSI.
NOTE: A child is eligible when he or she files for SSI. Eligibility no longer applies if the claim is denied at the initial level. This remains true even if the denial is later appealed. For instructions on disability denials and appeals in multiple deeming situations, see SI 01320.640.
Deeming to such an eligible child no longer applies beginning the month following the month the child attains age 18.
An individual attains a particular age on the day preceding the anniversary of his/her birth. Deeming applies in the month of attainment of age 18 regardless of whether an application filed that month is filed before or after the day of attainment.
3. Ineligible child for deeming purposes
For deeming purposes, an ineligible child is either a natural or adopted child of an:
eligible individual or the eligible individual's spouse; or
an ineligible parent or the ineligible parent's spouse,
who lives in the same household with an eligible individual AND meets the criteria in this section at SI 01310.115A.3.a, or, SI 01310.115A.3.b. For procedures when processing cases involving ineligible children between age 21 and age 22, see instructions in this section at SI 01310.115B.5.b.
a. Effective 06/16/08
In addition to the general definition in SI 01310.115A.3., an ineligible child must also be not married and either:
b. Prior to 06/16/08
In addition to the general definition in SI 01310.115A.3., an ineligible child must also be not married and:
REMINDER: Prior to 06/16/08, there was a difference in the age considerations between eligible and ineligible children who were students. An eligible student child could remain a “child” until age 22. An ineligible student child could remain a “child”, for deeming purposes, only until he/she attained age 21.
B. Procedures for verification and documentation
1. When to verify age
Verify an eligible child's date of birth and document the file according to the instructions in GN 00302.290 (Proof of Age Requirements for SSI). Accept the allegation of an ineligible child's age, absent evidence to the contrary.
2. When to accept the allegation of relationship
Accept an individual's statement that a parent-child relationship exists in both initial claim and posteligibility situations. If there is reason to question the allegation, see SI 00501.010C.3. (Parent-Child Relationship).
3. When to accept an allegation of school attendance
If a child under age 18 is alleged to have no earnings, accept the allegation of student status.
4. When to document school attendance
If an eligible or ineligible child under age 18 (but at least grade 7), alleges student status and expects earnings over $65 in a month, verify school attendance and document the file according to the instructions in SI 00501.020G. (Procedure – Student Changes Intent to Return to School) and SI 00820.510 (Student Earned Income Exclusion).
If an eligible or ineligible child age 18 to 22, alleges student status, verify school attendance and document the file according to the instructions in SI 00501.020E. (Procedure - Student Changes Intent to Return to School) and SI 00820.510 (Student Earned Income Exclusion).
In posteligibility situations, do not redevelop student status unless a change in school attendance is alleged
NOTE: Prior to 06/16/08, development of school attendance for an ineligible child with earnings was only required until attainment of age 21.
5. Documenting income of eligible and ineligible children
Follow the procedures in this sub-section when developing the income of eligible or ineligible children.
a. General documentation and processing
Document an eligible child's income and verify when necessary following general income rules for an eligible individual. If any ineligible children in the household have income, and the ineligible spouse or parent has income that is subject to deeming, verify and document the ineligible child's income (see Statement of Income and Resources (SSA-8010-BK)-General, SI 01310.600B.1. and SI 01310.600B.3.c. ).
However, when the alleged income exceeds the amount of the ineligible child allocation (i.e., no ineligible child allocation applies for that ineligible child), document the allegation, but do not verify the income unless the income would be subject to the student child earned income exclusion.
In both initial claims and posteligibility situations, accept an allegation when any ineligible child living in the household has no income. In posteligibility situations, do not redevelop income unless a change is alleged or there is a reason to believe a change has occurred.
b. Ineligible children between age 21 and age 22
Current MSSICS programming does not permit ineligible children over age 21 to be considered during automated deeming computations. Ineligible children over age 21 will not receive an ineligible child allocation despite continued presence in the household with an eligible child and meeting the student requirements found in SI 00501.020.
Process cases involving ineligible children between age 21 and age 22 by first manually computing the amount of the ineligible child allocation attributable to the child between age 21 and age 22. Consider any income the ineligible child receives and possible student earned income exclusion (SEIE) involvement. For additional information related to the SEIE exclusion for ineligible children, see SI 01320.185. Continue processing the case by either:
posting the amount of the ineligible child allocation (type I unearned income) to the SSR using an SSA-1719(b) (SSI Post-eligibility Input) according to the instructions in SM 01305.330 and following; or,
manually computing the deemed income amount (type V unearned income) using the appropriate ineligible child allocation, and posting the type V to the SSR using the computations menu (CPMN) in MSSICS.
SI 00820.510 - Student Earned Income Exclusion
SI 01320.185 - Deeming – Earned Income of an Ineligible Child Who is a Student