SI 01320.940 Income Exclusions in Sponsor-to-Alien Deeming
Authority: Social Security Act, Sec. 1621(b). Regulations 20 CFR 416.1102; 416.1161(b) and Appendix to Subpart K
A. Policy Principles
All income (i.e., anything received in cash or in kind that can be used to meet basic needs of food, or shelter) of a sponsor of an alien and of the spouse of the sponsor is included when determining the amount of a sponsor's income subject to deeming, except income excluded by Federal statutes other than the Social Security Act (as described in SI 01320.105) and certain home energy assistance and support and maintenance assistance (as described in SI 01320.180).
The income exclusions provided by title XVI (see SI 01320.100) do not apply to the income of an alien's sponsor. These include the $20 per month general income exclusion; the earned income exclusions; the infrequent or irregular income exclusion; the exclusion of assistance based on need; and all other exclusions. However, the $20 general exclusion does apply to the total of the deemed unearned income and the individual's own income.
B. Operating Procedure — Cash
When an alien is subject to sponsor-to-alien deeming, any cash he receives from the sponsor or the sponsor's spouse is not income for Supplemental Security Income (SSI) purposes.
(If an organization promoted an alien's admission to the U.S. and it gives the alien cash, the cash is income for SSI purposes.)
When an alien subject to sponsor-to-alien deeming receives ISM, see SI 01320.150 B.2. If the sponsor of an alien receives ISM, see SI 01320.150 A.