TN 9 (02-98)
SI 01320.410 Deeming of Income from an Ineligible Spouse — AFDC/TANF Family Payment CAP Involved
Several States have introduced family payment caps for certain Aid to Families with Dependent Children (AFDC) family grant amounts. AFDC family payment caps may be imposed throughout a State or only in certain counties. When a payment cap is imposed, the family's AFDC grant is not increased when a new child is born into the household.
Under the Temporary Assistance for Needy Families (TANF) provisions, a family cap is also allowable. Each state will make its own decision about applying such a cap.
For purposes of calculating an ineligible child deeming allocation, if the ineligible child is included in an AFDC/TANF family grant but is subject to an AFDC/TANF payment cap (i.e., the family's grant without inclusion of the ineligible child is the same as the grant with the child included), the ineligible child is not considered to be receiving AFDC/TANF (public income-maintenance payments). Therefore, a deeming allocation can be made for an ineligible child receiving AFDC/TANF who is subject to the family payment cap.
NOTE: Because the Bureau of Indian Affairs General Assistance (BIAGA) program uses AFDC/TANF payment standards in determining its benefits, payment caps may also be imposed on the BIAGA payment. If so, the policy described above also applies in cases involving "BIAGA payment caps."
Consult any regional POMS instructions for information on those State AFDC/ TANF agencies that impose caps on family grant amounts either State-wide or in certain counties.
If the State or county imposes an AFDC/TANF cap and ineligible child deeming allocation development is necessary (i.e., the eligible individual may be able to receive a higher SSI payment if the deeming allocation applies), ask the issuing agency if any of the ineligible children in the household are subject to an AFDC/TANF payment cap. If any of the children are subject to a cap, apply the policy in B. above to determine the net ineligible child deeming allocation in the case.
NOTE: Generally, if all members of an SSI "deeming household" are included in an AFDC/TANF grant, development of the ineligible child deeming allocation should not be necessary (since no income is deemable to the SSI claimant/recipient).