TN 34 (10-24)
SI 01320.140 Deeming - Income Needed for a Plan to Achieve Self-Support - Policy Principle
Authority: Regulations 20 CFR 416.1161 (a)(9), (b), (c), (d)
Any income of an ineligible spouse, parent, ineligible child, or eligible noncitizen
(sponsored by an ineligible spouse or parent) which is used to fulfill an approved
plan for achieving self-support (PASS) for an eligible individual (to whom the income
is not being deemed) is not available for deeming to another individual, and is not
used in determining the amount of the allocation. This exclusion does not apply to
the income of an essential person or a sponsor of a noncitizen. (See SI 00870.001 ff. for approved PASS.)
Example:
Parents' Income Used for a PASS
A household consists of two parents, their eligible child, and an uncle who receives
Supplemental Security Income. The eligible uncle has an approved PASS and the parents
provide funds to the uncle which enables the uncle to achieve that plan. The amount
of the parents' contribution to the uncle is deducted from their income before determining
the amount of income to be deemed to their child. See SI 00870.040.
NOTE: When a deemor's income is used for a PASS for the eligible individual to whom income
is being deemed, the income is deemed first. Income used to fulfill the eligible individual's
PASS is then excluded from their own (including deemed) income. See SI 00870.040.