TN 1 (07-90)
SI 01320.150 Deeming - In-Kind Income and Deeming
Social Security Act, Sec. 1621(c);
Regulations 20 CFR 416.1140, 416.1148 and 416.1161 (a) (11), (b), (c), (d)
A. Policy Principles
In-kind support and maintenance (ISM) furnished to an ineligible spouse or parent is not included when determining how much income is deemed, and is not used in determining the amount of the allocation for an ineligible child or eligible alien (sponsored by an ineligible spouse or parent). However, ISM received by an essential person or the sponsor of an alien is not excluded from deeming.
The current market value of any in-kind income, including in-kind earned income (SI 00820.010), which is not in-kind support and maintenance (SI 00835.310), must be included when determining how much income is deemed from an ineligible spouse, parent, essential person, or the sponsor of an alien. It is also included as income to an ineligible child or an eligible alien (sponsored by an ineligible spouse or parent) for purposes of determining the allocation.
If an alien is living in the sponsor's household and is receiving support and maintenance in-kind from the sponsor (or the sponsor's spouse), neither the VTR nor support or maintenance furnished in cash or in kind to the alien by the sponsor (to the extent that it reflects income or resources which were taken into account in determining the amount of income and resources to be deemed to the alien) is income to the alien.
B. Operating Policies
When an eligible individual lives in the same household with someone whose income can be deemed to him or her, any food, or shelter that person provides is not income to the eligible individual. However, any food, or shelter from another source is income, unless excluded under another provision (e.g., HEA/SMA). See SI 00835.210 and SI 00835.300.
When an eligible individual living with an ineligible spouse receives ISM and there is income to be deemed from the spouse, the value of the eligible individual's ISM will not exceed one-sixth the couple FBR plus $10 ($98.66 effective January 1988). When the ineligible spouse's unearned income is added to the eligible individual's unearned income as described in SI 01320.400B.1.e, the eligible individual's ISM is limited to the value given here.
When an eligible individual with an ineligible spouse receives ISM and there is no income to be deemed (i.e., the computation is based on an individual computation rather than a couple computation as described in SI 01320.400C.2.), the regular ISM rules apply; i.e., the presumed maximum value (PMV) for the eligible individual will equal one-third the individual FBR plus $20 ($138.00 effective January 1988), or, if an eligible alien couple, the PMV will equal one-third the couple FBR plus $20 ($197.33 effective January 1988).
When an alien subject to sponsor-to-alien deeming lives in the sponsor's household, the alien cannot receive “inside ISM” as defined in SI 00835.020.
C. Related Policies
For the one-third reduction provision and deeming, see
For ISM subject to the PMV, see SI 00835.300; for “inside ISM,” see SI 00835.340; for “outside ISM,” see SI 00835.350; for “ISM to one person,” see SI 00835.400.
For ISM provided to a child in an educational or vocational training institution who is temporarily absent from his parent's household (i.e., a child away at school), see SI 00835.714.