When an ineligible spouse lives in the same household as the eligible individual, these deeming rules are applied in the following order:

An allocation is also deducted for eligible noncitizens who are sponsored by and who have income deemed from the ineligible spouse.

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  The allocation for each noncitizen who is sponsored by and who has income deemed from the ineligible spouse is the difference between the FBR for an eligible couple and the FBR for an eligible individual. The amount of the allocation automatically increases whenever the FBR increases.

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  Each noncitizen's allocation is reduced by the amount of their own income. For purposes of reducing the allocation, the items listed in SI 01320.100B. are not included as income to the noncitizen.

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  The allocations for eligible noncitizens are first deducted from the ineligible spouse's unearned income. If the ineligible spouse does not have enough unearned income to cover the allocations, the balance is deducted from the ineligible spouse's earned income.

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  An allocation for an eligible noncitizen is given even if the sponsor's income has no effect on their eligibility or payment (i.e., nothing is deemed).

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  If the noncitizen is ineligible for any reason (including excess income due to sponsor-to-noncitizen deeming), there is no allocation for them.

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  For purposes of determining the allocation, the noncitizen's income is their own income and any income deemed from a source other than the sponsor (i.e., other than the ineligible spouse). If the noncitizen has income deemed from another sponsor or income deemed from their own spouse or parent, that deemed income reduces the allocation.

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  The allocation is not reduced by the noncitizen's SSI payment, or any income deemed to the noncitizen from the sponsor who is the ineligible spouse.

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  A noncitizen's income reduces the allocation for them alone; the noncitizen's income is not used to reduce the allocation for another noncitizen.

To determine the SSI payment amount, follow the procedure in SI 01320.400B.1.a. through SI 01320.400B.1.f. in this section, using the ineligible spouse's income from the budget month. Subtract the countable income from the budget month from the FBR for an eligible couple in the computation 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 for the first and second months after a period of ineligibility. When an exception to the standard retrospective computation rules apply, see SI 02005.005. For the amount of Title II benefits used for a deemor when there is a Title II cost-of-living adjustment (COLA), see SI 02005.010.

EXCEPTIONS:

The ineligible spouse's income from an earlier budget month is not used when:

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  Determining the payment amount for months when the eligible individual is subject to the $30 payment limit ($25 prior to July 1, 1988); or

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  Determining the payment amount for months after the month an ineligible spouse dies.

When an exception above applies, only the eligible individual's own income from the prior budget month is used. Deemed income from the ineligible spouse in that prior budget month is not used to compute the payment amount.

The SSI benefit under these deeming rules cannot be higher than it would be if deeming did not apply. The payment amount from SI 01320.400C.l. (in this section) is compared to the amount the individual is due based on their own income in the budget month; the lesser amount is the payment due. When a Federally administered optional State supplement is involved, see SI 01320.430.

In September 2024, Anne, an eligible individual, lives with their ineligible spouse and their ineligible child. Anne is eligible for SSI based on their own income. Anne's spouse only receives $677 unearned income per month. The ineligible child has no income at all. First allocate to the ineligible child $472 (the difference between the FBR for a couple and the FBR for an individual). Then subtract the $472 allocation from the ineligible spouse's $677 unearned income, leaving $205. Since the $205 remaining income is not more than $472, which is the difference between the FBR for a couple and the FBR for an individual in September, no income is deemed to Anne. Instead, compare only Anne's own countable income with the FBR for an eligible individual ($943 in September 2024) to determine whether Anne is eligible. If Anne's own countable income is less than or equal to the FBR, Anne is eligible. To determine the amount of Anne's payment, determine the countable income, including any deemed income from the ineligible spouse in July, and subtract this income from the FBR for September.

In August 2024, Jack, a disabled individual, lives with their ineligible spouse and ineligible child. Jack and the ineligible child have no income. Jack's spouse has earned income of $715 a month and unearned income of $662 a month. First, allocate $472 to the ineligible child. Subtract the $472 allocation from the ineligible spouse's $662 unearned income, leaving $190 in unearned income. Since the total remaining income ($190 unearned plus $715 earned) is more than $472, which is the difference between the FBR for a couple and the FBR for an individual in August, combine Jack and their spouse's income and compute countable income the same as for an eligible couple. Apply the $20 general income exclusion to the unearned income, reducing it to $170. Then apply the earned income exclusion ($65 plus one-half the remainder) to the ineligible spouse's earned income of $715, leaving $325. Combine the $170 countable unearned income and $325 countable earned income and compare it ($495) with the 2024 FBR for a couple ($1415), and determine that Jack is eligible. Since Jack is eligible, the amount of their payment is determined by subtracting Jack's countable income in June (including any deemed income from the ineligible spouse) from August's FBR for a couple.

In December 2024, Harold, a disabled individual, lives with their ineligible spouse, who earns $680 per month. Harold receives a pension (unearned income) of $395 a month. Since the ineligible spouse's income is greater than $472, which is the difference between the FBR for a couple and the FBR for an individual in December, deem all of the ineligible spouse's income to be available to both, and compute the combined countable income for the couple. Apply the $20 general income exclusion to Harold's $395 unearned income, leaving $375. Then apply the earned income exclusion ($65 plus one-half the remainder) to the ineligible spouse's $680, leaving $307.50. The total countable income ($682.50) is less than the $1415 December FBR for a couple, so Harold is eligible based on deeming. Since Harold is eligible, determine the amount of their payment based on Harold's income (including any deemed from the ineligible spouse) in October.

David is a noncitizen whose sponsor is John Clark. John Clark's spouse, Quinn, is an SSI recipient. The Clarks have two dependent children who are ineligible children for SSI purposes. The income received in December 2024 is:

 

First, a sponsor-to-noncitizen deeming computation is done, following procedures in SI 01320.950.

Sponsor-to-Noncitizen Deeming

 

 

Next, a spouse-to-spouse deeming computation is done to determine eligibility for Quinn Clark.

Spouse-to-Spouse Deeming

As an individual, Quinn Clark's countable income of $719 ($739 - $20 general exclusion) is less than the 2024 individual FBR of $943. Quinn Clark is also eligible using the couple FBR as follows:

 

Combined Incomes:

Quinn Clark is eligible after deeming because the countable income of $998.50 in December 2024 does not exceed the 2024 couple FBR of $1415.