9 CCR 2503-5-3.534 - DEEMING INCOME
A. To determine the
amount of income to deem to a client from a the client's spouse who does not
meet the criteria described below in 'C', calculate the countable earned income
of the spouse as follows:
1. Deduct $65 from
the client's spouse's gross earned income; and,
2. Divide the remainder by two (2);
and,
3. The result is the amount of
earned income deemed to the client.
4. The deemed earned income shall be
considered income to the client and shall be deducted, together with any other
income, from the grant of the client.
5. Wages being garnished by the court are
countable earned income.
B. To determine the amount of unearned income
to deem to a client from the client's spouse who does not meet the criteria as
described below in 'C', calculate the countable unearned income of the spouse
as follows:
1. Calculate the total amount of
unearned income of the spouse;
2.
Deduct the OAP grant standard from the total unearned income of the
spouse;
3. Deduct an amount to meet
the needs of each dependent child living in the household of the spouse equal
to half the maximum SSI grant benefit standard, as defined in Section 3.510,
less the dependent child's own income;
4. Deduct any medical care payments by the
spouse for his or her dependents who are not covered by Medicare, Medicaid, or
other health programs;
5. Deduct
any amount of obligation of the spouse due to orders of judgment or for support
by a court, unless there is a garnishment. Income garnished by the court is
countable as unearned income.
6.
The remainder is the amount of unearned income deemed to the client.
7. The deemed unearned income shall be
considered income to the client and shall be deducted, together with any other
income, from the grant of the client.
C. If a client's spouse is receiving Adult
Financial grant payments, SSI benefits, or Medicaid assistance and has income
no greater than the OAP limit, his or her income shall not be considered as
available to the client and shall not be deemed. If a client's spouse is
institutionalized and the client has retained the minimum monthly maintenance
needs allowance (MMMNA), the MMMNA shall be deducted from the institutionalized
spouse's total income.
D. A
sponsor's income can only be deemed to the non-citizen client he or she
sponsors. The amount of earned and unearned income to deem from a sponsor(s) to
a non-citizen client is calculated as follows:
1. The total gross earned and unearned income
of the sponsor are added together.
2. The following deductions are subtracted
from the total gross income of the sponsor:
A. A deduction for the sponsor equal to the
current SSI benefit standard, as defined in Section 3.510, for an individual
for the month in which eligibility is being determined; plus,
B. A deduction for the sponsor's spouse
living in the same household with the sponsor, equal to one-half the current
SSI benefit standard. As defined in Section 3.510, for an individual; or a
deduction for the sponsor's spouse, who is also a co-sponsor of the
non-citizen, equal to the current SSI benefit standard for an individual;
plus,
C. A deduction equal to
one-half the SSI benefit standard, as defined in Section 3.510, for an
individual for each person who is a dependent of the sponsor (other than the
non-citizen client and the non-citizen client's spouse), as defined in Section
3.520.68.B.2.b.1.
3. The
difference between the total income and the total deductions is deemed as
unearned income to the non-citizen client. This deemed income is added to the
non-citizen client's own income to determine the total countable
income.
4. The non-citizen client's
countable income is compared to the income standard of the Adult Financial
program for which the non-citizen client is applying to determine eligibility
and/or the grant payment amount.
5.
If more than one non-citizen client has the same sponsor, all of the sponsor's
income is deemed to each non-citizen client. Do not divide the sponsor's income
among the non-citizen clients.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.