TN 1 (07-90)
SI 01320.140 Deeming - Income Needed for a Plan to Achieve Self-Support - Policy Principle
Authority: Regulations 20 CFR 416.1161 (a)(9), (b), (c), (d)
Any income of an ineligible spouse, parent, ineligible child, or eligible alien (sponsored by an ineligible spouse or parent) which is used to fulfill an approved plan for achieving self-support (PASS) for an eligible individual (to whom the income is not being deemed) is not available for deeming to another individual, and is not used in determining the amount of the allocation. This exclusion does not apply to the income of an essential person or a sponsor of an alien. (See SI 00870.001 ff. for approved PASS.)
Parents' Income Used for a PASS
A household consists of two parents, their eligible child, and an uncle who receives SSI. The eligible uncle has an approved PASS and the parents provide funds to the uncle to enable him to achieve that plan. The amount of their contribution to the uncle is deducted from their income before determining the amount of income to be deemed to their child. See SI 00870.040.
NOTE: When a deemor's income is used for a PASS for the eligible individual to whom income is being deemed, the income is deemed first. Income used to fulfill the eligible individual's PASS is then excluded from his/her own (including deemed) income. See SI 00870.040.