SI 01320.950 Deeming of Income From a Sponsor of a Non-Citizen

SI 01320.950--Cross-refer to SI 00502.240F.

Authority: Social Security Act. Sec. 1621(b); Regulations 20 CFR 416.1166a

A. Determining Eligibility — Policy Principles

  1. After considering any applicable exclusions (SI 01320.940), the total earned and unearned income of the sponsor and the sponsor's spouse (if living with the sponsor in the same household) are added together.

  2. The following allocations are subtracted from the total income determined in SI 01320.950A.1.:

    1. An allocation for the sponsor equal to the monthly FBR for an individual for the month in which eligibility is being determined; plus

    2. An allocation for the spouse living in the same household with the sponsor, equal to one-half the FBR for an individual; or an allocation for the sponsor's spouse who is also a co-sponsor of the non-citizen, equal to the FBR for an individual; plus

    3. An allocation equal to one-half the FBR for an individual for each person who is a dependent of the sponsor (other than the non-citizen and the non-citizen's spouse). If a husband and wife are both sponsors of an non-citizen, only one allocation is given for each dependent, even if the person is a dependent of both sponsors.

      A dependent's income is not subtracted from the sponsor's dependent's allocation.

      NOTE: The allocations for a sponsor's spouse and dependents are defined by law, and may not always equal the ineligible child allocation. For example, using the 1/88 FBR, the allocation is $177 (1/2 the individual FBR of $354). The ineligible child allocation is $178 (couple FBR of $532 minus the individual FBR).

  3. The difference between the total income (step A.1.) and the total allocations (step A.2.) is deemed as the unearned income of the non-citizen. This deemed income is added to the non-citizen's own income. The $20 general exclusion is subtracted from the non-citizen's total income to determine the total countable income (CI).

  4. Compare the CI to the FBR to determine if the non-citizen is eligible for SSI. If more than one non-citizen has the same sponsor, deem all of the sponsor's income to each non-citizen. Combine this deemed income with each non-citizen's own income to determine each non-citizen's eligibility for SSI.

B. Determining Payment — Policy Principles

The procedure in A.1-4. above is followed to determine the SSI payment amount for an non-citizen, using the non-citizen's income, including the sponsor's (and living-with spouse's, if any) deemable income, from the budget month. The budget month is 2 months prior to the computation month except when determining the payment amount for the first and second months of eligibility or after a period of ineligibility:

  1. In the first month of eligibility (or reeligibility), the non-citizen's income, including the sponsor's deemable income, received in the current month, is used to determine both eligibility and payment amount.

  2. In the second month, the non-citizen's income, including the sponsor's deemable income, received in that month is used to determine eligibility, but the non-citizen's countable income (including deemed income) received in the first month is used to determine the payment amount.

C. More Than One Sponsor — Operating Procedures

  1. If there are two sponsors and they are a husband and wife living together, combine their incomes and perform a single computation to determine eligibility.

  2. If there is more than one sponsor, and they are not a husband and wife living together, do not combine their incomes. Perform separate deeming computations, and add the deemed income amounts to determine eligibility.

D. More Than One Non-Citizen With the Same Sponsor — Operating Procedures

  1. Do not divide the sponsor's income among the non-citizens.

  2. When both members of an eligible couple have the same sponsor, deem the sponsor's income to each member. The couple's countable income includes the sum of their deemed income amounts.

E. Sponsor and Sponsor's Spouse Separate — Operating Procedures

  1. If a sponsor and his spouse (who is not a co-sponsor) separate, do not deem the spouse's income to the non-citizen beginning with the month after the month of separation.

  2. Discontinue the allocation for the spouse beginning with the month after the month of separation. (If the spouse then qualifies as a dependent of the sponsor, a dependent allocation is given for the spouse beginning with the month following the month of separation.)

F. Eligible Couple, Each Member Has a Different Sponsor — Operating Procedures

  1. If each member of a couple has a different sponsor, each sponsor's income is deemed to the appropriate member. The couple's countable income includes the sum of their deemed income amounts.

  2. If it is determined that one member of the couple is ineligible, the eligible one is subject to spouse-to-spouse deeming from the ineligible spouse and sponsor-to-non-citizen deeming from his sponsor. However, income is not deemed from the sponsor of the ineligible spouse to the eligible individual.

    NOTE: In situations where only one member of a couple has a sponsor and the amount of deemed income from that sponsor would make the two members ineligible as a couple, it may be more advantageous for the non-sponsored member to file as an individual with an ineligible spouse.

G. Examples

1. SPONSOR AND SPOUSE HAVE NO DEPENDENTS AND THE NON-CITIZEN HAS NO INCOME

In January 1988, Ms. Lieu Wong, an aged non-citizen sponsored by her son, is subject to sponsor deeming. She lives with her son (sponsor) and daughter-in-law. They have no children or dependents. The son's total earned and unearned income is $1,000 and the daughter-in-law has no income. The non-citizen has no income of her own and no other sponsor. In February, the son's income decreases to $600.

  
January 1988

February 1988
Income of Sponsor and wife $1,000.00$600.00
Sponsor Allocation $354.00   
Allocation for Wife 177.00   
Total of Allocations $531.00 -531.00 -531.00
Income Deemed $ 469.00$ 69.00

2. SPONSOR HAS DEPENDENTS

  A variation of example 1. The sponsor's family consists of a living-with spouse, two children and one dependent sister. 
  
January  1988

February 1988
Income of Sponsor and Wife $1,000.00 $600.00
Sponsor Allocation$354.00   
Allocation for Wife177.00   
Dependent Allocation for Child177.00   
Dependent Allocation for Child177.00   
Dependent Allocation for Sister +177.00   
Total of Allocations $1062.00 -1,062.00 -1,062.00
Income Deemed  0.000.00

3. NON-CITIZEN COUPLE WITH DIFFERENT SPONSORS

  (When the members of a couple have different sponsors, compute the deemed income and resources of each member, and use the total to compute the couple's benefit. If one member is ineligible, do not use income of the ineligible's sponsor in deeming from the ineligible spouse to the eligible individual.)Mr. and Mrs. Williams apply as a couple February 1, 1988, and each is an non-citizen subject to deeming from a different sponsor. Mrs. William's sponsor has income of $5,000 each month that can be deemed to her. They cannot be an eligible couple. However, when Mr. Williams is considered as an eligible individual and Mrs. Williams as an ineligible spouse, he is eligible because Mrs. Williams' sponsor's income is not considered. Mr. Williams' sponsor earned $1,000 in February 1988, has no other family income, and has a wife and child. Mrs. Williams has no income.
  
February 1988
 
Mr. Williams' Sponsor's Income $1,000.00  
Sponsor Allocation $354.00   
Allocation for Wife 177.00   
Dependent Allocation for Child+177.00   
Total of Allocations $708.00 -708.00  
Income Deemed  $ 292.00 

Income deemed from Mr. Williams' sponsor is $292. Income from Mrs. Williams' sponsor is not deemable to Mr. Williams.

4. NON-CITIZEN HAS MORE THAN ONE SPONSOR

  (When an non-citizen has more than one sponsor, deem from all sponsors.)
 
Mrs. Henry, an non-citizen, applies for SSI. She has two sponsors, Mrs. Johnson and Mrs. Miller. Mrs. Henry lives with Mrs. Johnson. Mrs. Henry has no
income of her own. Mrs. Johnson lives with her husband and their three children. Mrs. Johnson has earned income of $700 in April 1988 and her husband earned $500 in that same month. Mrs. Miller, who lives with her husband and five children, has income in April 1988 of $500 and her husband earned $950 in the same month.
  
April 1988
 
Mr. and Mrs. Johnson's Income  1200.00  
Sponsor Allocation $354.00   
Allocation for Husband 177.00   
Dependent Allocation for Child177.00   
Dependent Allocation for Child 177.00   
Dependent Allocation for Child +177.00   
Total of Allocations$1062.00 -1062.00  
Income Deemed from Mrs. Johnson $ 138.00  
Mr. and Mrs. Miller's Income $1450.00  
Sponsor Allocation$354.00   
Allocation for Husband177.00   
Dependent Allocation for Child 177.00   
Dependent Allocation for Child177.00   
Dependent Allocation for Child 177.00   
Dependent Allocation for Child 177.00   
Dependent Allocation for Child 177.00   
Total of Allocations$1416.00 -1416.00  
Income Deemed from Mrs. Miller $ 34.00  
Income Deemed from Mrs. Johnson $ 138.00  
Income Deemed from Mrs. Miller  +34.00  
Total Income Deemed from Sponsors $ 172.00 

Income deemed to Mrs. Henry from both sponsors is $172.

5. NON-CITIZEN BECOMES DISABLED

  (Sponsor-to-non-citizen deeming does not apply if an non-citizen's disability or blindness begins after entry into the U.S. for permanent residence. Sponsor-to-non-citizen deeming no longer applies in the calculation of CI beginning with the month of onset.) Mrs. Field is the sponsor of her mother, Mrs. Jones, who is over 65 and rents a room. Mrs. Jones' date of admission into the U.S. for permanent residence was January 15, 1988. She is an eligible individual as of February 1988. On September 15, 1988, Mrs. Jones seriously injured and was determined to be disabled as of that date. Mr. and Mrs. Field have two dependent children. He earned $1,025 in August and $950 in September. Mrs. Field has no income.
 
August

September
 
Husband's Income$1,025 N/A  
Sponsor Allocation- 354   
Allocation for Husband- 177   
Dependents' Allocations - 354   
Income Deemed $ 140   
General Exclusion -20   
CI$120None 

6. NON-CITIZEN'S SPONSOR DIES

  (If the sponsor dies, deeming does not apply in the calculation of CI for the month following the month of death.)
 
Mr. James Allen is the sponsor of his father, Mr. John Allen, who is over 65. Mr. John Allen was admitted to the United States as a
permanent resident January 15, 1988. The sponsor had three dependent children. The sponsor died May 15, 1988. Mr. John Allen has $30 unearned income each month and his son earned $925 in April, and $450 in May.
 
April

May

June
Sponsor's Income$925$450 N/A
Sponsor Allocation -354 -354N/A
Dependents' Allocations -531 -531  
Income Deemed $ 40None  
Individual's Own Income 30 30 30
General Exclusion - 20 - 20 -20
CI $ 50$ 10 $10

7. NON-CITIZEN'S SPONSOR IS HIS INELIGIBLE SPOUSE

  (When the sponsor is also the non-citizen's spouse, and spouse-to-spouse deeming applies, spouse-to-spouse deeming supersedes sponsor-to-non-citizen deeming. However, when spouse-to-spouse deeming does not apply, sponsor-to-non-citizen deeming can apply.) Mr. William York is the sponsor of his wife, Mary, who has been disabled since 1984 and was admitted to U.S. as a permanent resident January 15, 1988. On May 15, she moved into a separate apartment. Mr. York earned $860 in April, $700 in May, and $700 in June. There are no ineligible children or dependents. Spouse-to-spouse deeming applies in April and May. Sponsor-to-non-citizen deeming applies in June.
 
April

May

June
Individual's CINoneNoneN/A
Couple Earned Income$860.00$700.00  
General Exclusion- 20.00- 20.00  
Work Exclusion - 65.00 - 65.00  
 $775.00$615.00  
½Remainder=Couple's387.50307.50  
Countable Earned Income    
Sponsor's IncomeN/AN/A$700.00
Sponsor Allocation   -354.00
Deemed Income  $346.00
General Exclusion   - 20.00
CI  $326.00

8. THE 3-YEAR PERIOD ENDS

  (When the 3-year period for which sponsor-to non-citizen deeming is required ends, deeming does not apply to the eligibility determination the following month.)
 
Mr. Joseph Adams is the sponsor of his mother, who is over 65, and has no income. Mr. Adams' income is $1,100 in
January 1988. He has a wife who lives with him and has no income, and two dependent children. His mother was admitted to the U.S. as a permanent resident February 28, 1985. The last month of the 3-year period is January 1988. There is no income deemed in February.
 
January

February
 
Sponsor's Income $1100.00 N/A  
Sponsor Allocation - 354.00   
Allocation for Wife - 177.00   
Dependents' Allocations - 354.00   
Income Deemed $ 215.00   
General Exclusion - 20.00   
CI$ 195.00None 

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501320950
SI 01320.950 - Deeming of Income From a Sponsor of a Non-Citizen - 06/06/2001
Batch run: