461-145-0830 - When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed

461-145-0830. When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed

(1) In the ERDC, OSIP, OSIPM, QMB, REF, and REFM programs, the assets (see OAR 461-001-0000) of a sponsor and the spouse (see OAR 461-001-0000) of the sponsor are not deemed to the sponsored noncitizen.

(2) In all programs except the ERDC, OSIP, OSIPM, QMB, REF, and REFM programs, the assets of a sponsor and the spouse of the sponsor are considered the assets of the sponsored noncitizen, and are subject to deeming (see sections (3) and (4) of this rule), unless at least one of the following subsections applies:

(a) The sponsor has not signed a legally binding affidavit of support, for instance USCIS Form I-864 or I-864A.

(b) The sponsor receives SNAP, SSI, or TANF benefits.

(c) The sponsor is deceased. The estate of a deceased sponsor is not responsible for the noncitizen.

(d) The sponsored noncitizen establishes indigence. A sponsored noncitizen establishes indigence if the total income of the household including in-kind income plus any cash, food, housing, or other assistance provided by other individuals including the sponsor is:

(A) In the TANF program, under the countable (see OAR 461-001-0000) income standard.

(B) In the SNAP program, under the countable income limit, set at 130 percent of the federal poverty level (see OAR 461-155-0180).

(C) Each indigence determination under this subsection is effective for 12 months and may be renewed for additional 12-month periods.

(e) The sponsored noncitizen is a battered immigrant spouse, battered immigrant child, immigrant parent of a battered child or an immigrant child of a battered parent, as long as the battered noncitizen does not live in the same household as the person responsible for the battery.

(f) The sponsored noncitizen does not meet the alien status requirement for the program for which he or she applies.

(g) The sponsored noncitizen becomes a naturalized citizen.

(h) The sponsored noncitizen can be credited with 40 qualifying quarters of work.

(i) The sponsored noncitizen is under 18 years of age.

(3) In all programs except the ERDC, OSIP, OSIPM, QMB, REF, and REFM programs, the following process is used to determine the amount of income considered available to the noncitizen from the noncitizen's sponsor and the spouse of the sponsor. The unearned income of the sponsor and the sponsor's spouse is added to their countable earned income (see OAR 461-140-0010) minus earned income deductions.

(4) In the SNAP program when section (2) of this rule does not apply, the income of the sponsor and the spouse of the sponsor is deemed to the sponsored noncitizen and included in the gross countable income of the noncitizen. The income of the sponsor and the spouse of the sponsor goes through the following steps to determine the amount of income to deem:

(a) Step One: The gross countable unearned income of the sponsor and the spouse of the sponsor are included in the subtotal.

(b) Step Two: The gross countable earned income of the sponsor and the spouse of the sponsor receive a 20 percent earned income deduction and the result is included in the subtotal. If the earned income of the sponsor or the spouse of the sponsor is from self-employment, the gross income is allowed deductions under OAR 461-145-0920 and OAR 161-145-0930 to determine the countable earned income amount.

(c) Step Three: The subtotal receives a deduction equal to the countable income limit under OAR 461-155-0190, which is set at 130 percent of the federal poverty level, for the need group (see OAR 461-110-0630) size of the sponsor. The need group size of the sponsor is determined by including the sponsor, the spouse of the sponsor, and any dependents that are claimed on federal taxes by the sponsor. The sponsored noncitizen and the members of the sponsored noncitizen's filing group (see OAR 461-110-0310 and OAR 461-110-0370) are not included when determining the need group size of the sponsor.

(d) Step Four: The remaining amount is divided evenly between all noncitizens sponsored by the sponsor or the spouse of the sponsor and any citizen child (see OAR 461-001-0000) or sponsored noncitizen child in the filing group of the sponsored noncitizen. The result is the income portion for each individual.

(e) Step Five: The income portion of each adult (OAR 461-001-0015) sponsored noncitizen in the filing group is deemed to the sponsored noncitizen and included in their countable income.

(AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 2-1993(Temp), f. & cert. ef. 2-1-93; AFS 5-1993, f. & cert. ef. 4-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00; SSP 8-2003(Temp), f. & cert. ef. 4-1-03 thru 6-30-03; SSP 16-2003, f. & cert. ef. 7-1-03; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 22-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 20-2019, amend filed 09/19/2019, effective 10/1/2019)

Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.816, 413.085, 414.025, 414.685, ORS 329A.500 & 409.050

Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 409.010, 411.404, 411.704, 411.816, 412.049, 414.025, 8 USC 1183a, ORS 329A.500, 409.010 & 7 CFR 273.9

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