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.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501320140
SI 01320.140 - Deeming - Income Needed for a Plan to Achieve Self-Support - Policy Principle - 10/01/2024
Batch run: 10/01/2024
Rev:10/01/2024