Effective Dates: 11/14/2024 - Present Previous | Next

TN 59 (11-24)

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. 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. 2. 

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

    1. a. 

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

    2. b. 

      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. c. 

      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 an individual and their spouse are both sponsors of a 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 January 2025 FBR, the allocation is $483.50 (½ the individual FBR of $967). The ineligible child allocation is $483 (couple FBR of $1450 minus the individual FBR).

  3. 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. 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 a 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. 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. 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. 1. 

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

  2. 2. 

    If there is more than one sponsor, and they are not a married couple 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. 1. 

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

  2. 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. 1. 

    If a sponsor and their 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. 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. 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. 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 their 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 2025, Lieu Wong, an aged non-citizen sponsored by their child, Dae, is subject to sponsor deeming. Lieu lives with Dae (sponsor) and Dae's spouse, Emi. Dae and Emi have no children or dependents. Dae's total earned and unearned income is $1,919.50 and Emi has no income. Lieu has no income of their own and no other sponsor. In February, Dae's income decreases to $1,519.50.

 Income Source Amount  January 2025 February 2025
Income of Sponsor and Spouse ​ $1,919.50 $1,519.50
Sponsor Allocation $967.00 ​ ​
Allocation for Sponsor's Spouse 483.50 ​ ​
Total of Allocations $1,450.50 -1,450.50 -1,450.50
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 sibling of the sponsor.

Income Amount  January  2025 February 2025
Income of Sponsor and Spouse ​ $1,919.50 $1,519.50
Sponsor Allocation $967.00 ​ ​
Allocation for Sponsor's Spouse 483.50 ​ ​
Dependent Allocation for Child 483.50 ​ ​
Dependent Allocation for Child 483..50 ​ ​
Dependent Allocation for Sponsor's Sibling +483.50 ​ ​
Total of Allocations $2,901.00 -2,901.00 -2,901.00
Income Deemed ​ 0.00 0.00

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.)

 

Johnnie and Felicia Williams apply as a couple February 1, 2025, and each is a non-citizen subject to deeming from different sponsors. Felicia's sponsor has income of $5,000 each month that can be deemed to Felicia. Johnnie and Felicia cannot be an eligible couple. However, when Johnnie is considered as an eligible individual and Felicia as an ineligible spouse, Johnnie is eligible because Felicia' sponsor's income is not considered. Johnnie' sponsor earned $2,226 in February 2025, has no other family income, and has a spouse and child. Felicia has no income.

 Income Amount  February 2025
Johnnie's Sponsor's Income ​ $2,226.00
Sponsor Allocation $967.00 ​
Allocation for Sponsor's Spouse 483.50 ​
Dependent Allocation for Child +483.50 ​
Total of Allocations $1,934.00 -1,934.00
Income Deemed ​ $ 292.00

Income deemed from Johnnie's sponsor is $292. Income from Felicia's sponsor is not deemable to Johnnie.

4. NON-CITIZEN HAS MORE THAN ONE SPONSOR

(When a non-citizen has more than one sponsor, deem from all sponsors.)

 Henry, a non-citizen, applies for SSI. Henry has two sponsors, Rufus Johnson and Alice Miller. Henry lives with Rufus Johnson. Henry has no income of their own. Rufus Johnson lives with their spouse and their three children. Rufus Johnson has earned income of $2,539 in April 2025 and Rufus' spouse earned $500 in that same month. Alice Miller, who lives with spouse and five children, has income in April 2025 of $500 and Alice's spouse earned $2,918.50 in the same month.

    April 2025

The Johnson's Income

 

3,039.00
Sponsor Allocation $967.00 ​
Allocation for Sponsor's Spouse 483.50 ​
Dependent Allocation for Child 483.50 ​
Dependent Allocation for Child 483.50 ​
Dependent Allocation for Child 483.50 ​
Total of Allocations $2,901.00 -2,901.00
Income Deemed from Rufus Johnson ​ $ 138.00

The Miller's Income

 

$3,418.50
Sponsor Allocation $967.00 ​
Allocation for Sponsor's Spouse 483.50 ​
Dependent Allocation for Child 483.50 ​
Dependent Allocation for Child 483.50 ​
Dependent Allocation for Child 483.50 ​
Dependent Allocation for Child 483.50 ​
Dependent Allocation for Child 483.50 ​
Total of Allocations $3,384.50 -3,384.50
Income Deemed from Alice Miller ​ $ 34.00
​ ​ ​
Income Deemed from Rufus Johnson ​ $ 138.00
Income Deemed from Alice Miller ​ +34.00
Total Income Deemed from Sponsors ​ $ 172.00

Income deemed to Henry from both sponsors is $172.

5. NON-CITIZEN BECOMES DISABLED

(Sponsor-to-non-citizen deeming does not apply if a 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.)

Jana Field is the sponsor of their parent, Edris Jones, who is over 65 and rents a room. Edris' date of admission into the U.S. for permanent residence was January 15, 2025. Edris is an eligible individual as of February 2025. On September 15, 2025, Edris is seriously injured and was determined to be disabled as of that date. Jana Field and their spouse, Arley, have two dependent children. Arley earned $2,074 in August and $950 in September. Jana has no income.

 

August

September 		​
The Field's Income $2,074.00 N/A ​
Sponsor Allocation - 967.00 ​ ​
Allocation for Sponsor's Spouse - 483.50 ​ ​
Dependents' Allocations - 483.50 ​ ​
Income Deemed $ 140.00 ​ ​
General Exclusion -20.00 ​ ​
CI $120.00 None ​

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.)  

James Allen is the sponsor of their parent, John Allen, who is over 65. John was admitted to the United States as a permanent resident January 15, 2025. The sponsor had three dependent children. The sponsor died May 15, 2025. John has $30 unearned income each month and their Sponsor earned $2,457.50 in April, and $1,700 in May.

  April 2025 May 2025 June 2025
Sponsor's Income $2,457.50 $1700.00 N/A
Sponsor Allocation -967.00 -967.00 N/A
Dependents' Allocations -1,450.50 -1,450.50 ​
Income Deemed $ 40.00 None ​
Individual's Own Income 30.00 30.00 30.00
General Exclusion - 20.00 - 20.00 -20.00
CI $ 50.00 $ 10.00 $10.00

7. NON-CITIZEN'S SPONSOR IS THEIR 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.)

William York is the sponsor of their spouse, Mary, who has been disabled since 1984 and was admitted to U.S. as a permanent resident January 15, 1988. On May 15, Mary moved into a separate apartment. William 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 CI None None N/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's 387.50 307.50 ​
Countable Earned Income ​ ​ ​
Sponsor's Income N/A N/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.)

Joseph Adams is the sponsor of their parent, Anthea, who is over 65, and has no income. Joseph's income is $1,100 in January 1988. Joseph has a spouse who lives with Joseph and has no income, and two dependent children. Anthea 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 Sponsor's Spouse - 177.00 ​ ​
Dependents' Allocations - 354.00 ​ ​
Income Deemed $ 215.00 ​ ​
General Exclusion - 20.00 ​ ​
CI $ 195.00 None ​
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 - 11/14/2024
Batch run: 11/14/2024
Rev:11/14/2024