Program Operations Manual System (POMS)
TN 1 (07-90)
SI 01320.150 Deeming - In-Kind Income and Deeming
Social Security Act, Sec. 1621(c);
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.
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.
For the one-third reduction provision and deeming, see
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.