Generally, if an alien’s sponsor signed a new version affidavit of support, the income and resources of the sponsor (and the sponsor's spouse if living in the same household) are deemed to the alien for purposes of determining Supplemental Security Income (SSI) eligibility and payment amount. However, under the provision described in this section, deeming is suspended for certain "indigent" aliens.

The indigence exception applies for a qualified alien (as defined in SI 00502.100A.2.) when:

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  sponsor deeming results in denial or suspension of an alien’s SSI eligibility, or reduction in the SSI benefit payable to an alien; AND

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  the alien is unable to obtain both food and shelter.

In determining whether the alien is unable to obtain both food and shelter, we consider:

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  all of the alien’s own income and resources (including SSI and other income excluded when determining SSI); and

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  any cash, food, housing, or other assistance provided by other individuals (including the sponsor).

When deeming is suspended under this exception, the only income from the sponsor that is included as the alien's income is the amount of cash or in-kind support and maintenance (ISM) that the alien actually receives from the sponsor. A sponsor's resources are considered to be the alien's resources only if the alien has an ownership interest in them, can convert them (if not cash), and is not restricted from using them, SI 01110.100B.

Cases involving the indigence exception are sensitive cases and, as such, require tactful questioning.

There are several prompts that indicate the indigence exception should be developed:

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  while you are discussing deeming provisions SI 00502.240G.3. the applicant alleges the indigence exception applies to their case; or

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  while developing the income/resources, the alien indicates they get little or no support from their sponsor.

If sponsors do not provide basic support to the immigrants they bring into the United States, the sponsors may be sued by the sponsored immigrants and by SSA for the amount of SSI paid to the immigrants. (See SI 02220.065 for repayment procedures.) In accordance with the Immigration Reform Act of 1996, DHS tracks the failure of sponsors to adequately support those sponsored. That same legislation requires SSA to report to DHS every case where the indigence exception applies.

Therefore, when you make a determination that the indigence exception applies, notify DHS about the determination. Copy and complete the referral sheet in SI 00502.280H and attach a copy of the indigence determination so the requirement of the Immigration Reform Act of 1996 are met. Send to:

Office of Program and Regulation Development

U.S. Citizenship and Immigration Services

 20 Massachusetts Ave. NW

Washington, DC 20529

Also send a copy of the DHS notification to:

OISP, OBDS (Indigence Case)

Social Security Administration

6401 Security Blvd.

Baltimore, MD 21235-6401

ATTN: DIRT

Example 1:

Mrs. Smith, an alien whose sponsor has executed a new version affidavit, files an SSI claim on 2/18/98. During the initial claims interview, Mrs. Smith alleges that their sponsor gives them only $350 a month in cash and no other support. The sponsor verifies their allegation. Mrs. Smith has no other income. The field office (FO) determines that the criteria for the deeming exception for indigence are met because they don't live with their sponsor and their income is less than the FBR.

Effective with the first month of eligibility, 2/98, deeming is suspended for 12 months. Assuming there is no change in the amount of cash received from the sponsor, Mrs. Smith is charged with $350 cash support (type "S" unearned income) for the months of 2/98 through 1/99. The claims representative (CR) sets a redetermination diary to review the case before 1/99.

Effective 2/1/99, deeming is applied under the new version affidavit rules (SI 00502.240) unless Mrs. Smith continues to meet the exception.

Example 2:

Same as above, but in 12/98, at the time of a FO-initiated recontact with Mrs. Smith, the FO learns that their circumstances have not changed (i.e., the sponsor is providing them with only $350 cash support). If sponsor deeming were reinstated, the resulting decrease in their income would leave them indigent.

Sponsor deeming is suspended for a second 12-month period. The second 12-month period begins on 2/1/99. The CR sets a new diary to review the case before 1/00.

Example 3:

Mr. Brown, an alien whose sponsor has executed a new version affidavit, files an SSI claim on 2/18/98. Their sponsor was recently laid off from work, and the sponsor’s only income is a small unemployment compensation check. Their sponsor has limited resources. Even with sponsor deeming in effect, Mr. Brown is eligible for SSI.

During a post-eligibility interview in 7/98, Mr. Brown alleges that for the past 2 months, the only support they have received from their sponsor has been in the form of a checking account set up by the sponsor for Mr. Brown’s use. Every month, their sponsor deposits $250 into the account. This is the only money available to Mr. Brown to meet their living expenses. Mr. Brown submits checking account statements showing that the checking account was established on 5/28/98. The FO contacts their sponsor for a corroborating statement and determines that the criteria for the deeming indigence exception are met.

Effective 6/1/98, deeming is suspended for 12 months. Mr. Brown is charged with $250 in unearned income (type "S") beginning 6/98.

If Mr. Brown's sponsor finds employment before the end of the 12-month period and is able to meet all Mr. Brown's needs, deeming remains suspended until 12 months have elapsed. The additional support their sponsor provides (either as cash or ISM) is input as Mr. Brown's income (as cash contributions or ISM, not as deemed income).

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  SI 00820.143 Monthly Wage Reporting

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  SM 01005.170 through SM 01005.200 Posting Income Entries in Non-MSSICS Initial Claims

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  SM 01305.101 through SM 01305.335 Posting Income Entries in Non-MSSICS Post-eligibilty Events

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  SI 02305.100 Posting Resource Entries in MSSICS

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  SM 01005.205 through SM 01005.215 Posting Resource Entries in Non-MSSICS Initial Claims

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  SM 01305.400 through SM 01305.415 Posting Resource Entries in Non-MSSICS Post-eligibility Events

TO            :     Office of Program and Regulation Development

                       U.S. Citizenship and Immigration Services

                       20 Massachusetts Ave, NW

                       Washington, DC 20529

 

SUBJECT:   Determination Under Section 421(e) of the Personal Responsibility and Work

                     Opportunity Reconciliation Act of 1996

 

SSA has initiated payment of Supplemental Security Income (SSI) in the following case. We have determined that the absence of, or reduction in, SSI benefits would result in the alien being indigent (i.e., unable to obtain food and shelter).

 

Alien's name:_________________________________

 

Alien's SSN:__________________________________

 

Sponsor's Name:______________________________

 

Sponsor's SSN:_______________________________

 

 

Attached is a copy of our determination of indigence, which contains the facts in this case.

 

SSA Office Address:_______________________________________

 

                                  _______________________________________

 

SSA Contact:_____________________________________

                     (Name and Title)

 

                     ____________________________________________

                     (Telephone Number)

 

cc: OISP, OBDS (Indigence Case)

    Social Security Administration

      6401 Security Blvd.

      Baltimore, MD 21235-6401

ATTN: DIRT