TN 4 (02-95)
SI 01310.165 Deeming Concept - Temporary Absence
Regulations 20 CFR 416.1167
1. General Rule
For the purposes of deeming, a temporary absence exists when an individual (eligible individual or child, or ineligible spouse, parent, or child) leaves the household but intends to, and does, return in the same month or the following month. If the absence is temporary, deeming continues to apply.
When an absence has occurred which would be temporary as described in A.1. above because the individual has returned to the household in the same month or in the month following the month he/she left, it is not necessary to develop intent. Assume that the individual intended to return to the household, and determine that the absence from the household was temporary.
3. Child Away At School
A child who is away at school but returns home on some weekends, holidays, or vacations and is subject to parental control is considered temporarily absent from the parents' household, regardless of the duration of the absence. If a child is away at school and is not subject to parental control, he/she is not living in the parents' household.
A child who is away at school is one who is participating in an educational or vocational training program (SI 00520.400). This rule only applies to a child who is away at an educational or vocational training facility.
4. Parental Control
Parental control is the authority of the parent(s) to make decisions on the child's behalf, whether or not the control is actually exercised.
Certain evidence may indicate that a child away at school is not subject to parental control. Such evidence includes an existing agreement, a court order, or the signed statements of the parents and the school authorities. In the absence of such evidence, assume that a child is subject to parental control.
5. Child In a Private Nonmedical Facility
When a child resides at a facility and the facility does not meet the education /vocational training requirements in SI 00520.400, the rule in A.2. above does not apply. The general rule in A.1. above applies, as described below.
When a child resides at a private nonmedical facility and leaves the facility for brief visits to the parents' home, do not deem the parents' income and resources for any month if the absence from the facility is temporary.
An individual is considered temporarily absent from a private nonmedical facility for deeming purposes if the absence is not intended to and does not exceed a full calendar month.
6. Sponsor-to-Alien Deeming
These temporary absence rules do not apply in sponsor-to-alien deeming cases because deeming may apply whether or not the alien lives in the sponsor's household.
Temporary absence for essential persons and qualified individuals, SI 00501.110.
ISM received while a child is away at school during a temporary absence, SI 00835.042 A.2.
Continuation of benefits for temporarily institutionalized recipients (sec. 9115 of P.L. 100-203), SI 00520.140.
Absence from a deeming household due to military service, SI 01310.170.