Prior to November 1, 1992, a computation using the spouse-to-spouse-to-child deeming
rules in A.1. above resulted in a child receiving SSI payments equal to or higher
than the payments would have been had neither parent filed for SSI. In no case did
the deeming rules disadvantage an eligible child — that is, in no case was more income
deemed to the child than would be deemed if neither parent filed for SSI.
Currently, and in most cases, a computation using the spouse-to-spouse-to-child deeming
rules in A.1. results in the same amount of deemed income to the child that would
apply if neither parent files for SSI. However, in certain cases, applying the spouse-to-spouse-to-child
rules in A.1. can result in a higher deemed income amount (and a lower, or no, SSI
payment) for the child.
A higher deemed income amount to the eligible child can result if:
there is an ineligible child allocation greater than zero; and
the parent who has not filed for SSI has monthly earned income greater than $65 (and
unearned income, if any, that is less than the net ineligible child allocation in
the first bullet); and
the parent who has filed for SSI has unearned income.
EXAMPLE: The deeming household consists of an eligible child, an ineligible child with no income,
an ineligible parent with monthly earnings of $2,300, and a parent filing for SSI
(in 1995) with monthly unearned income of $200.
The parent filing for SSI is income-ineligible because of spouse-to-spouse deeming.
If the parent nevertheless files a claim, more income will be deemed to the eligible
child than would be deemed if no claim were filed:
|Parent Files SSI Claim
||Parent Does Not File
|Ineligible Chld Allocation
||Ineligible Chld Allocation
|General Income Exclusion
|Deemed to Child
||Deemed to Child