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Revision 15-4; Effective December 1, 2015
Evaluate the earned and unearned income of an alien's sponsor and the sponsor's spouse (if living in the same household). Unlike the treatment of resources, the sponsor's income does not receive the same income exclusions given to an applicant.
Include all the income of a sponsor of an alien and, when applicable, the income of the spouse of the sponsor, except for support and maintenance assistance and income excluded under federal laws other than the Social Security Act. See D-9500, Income Excluded from Sponsor-to-Alien Deeming, for a list of this excluded income.
Allocations are given to the sponsor and the sponsor's dependents, if applicable. A dependent is defined as someone for whom the sponsor is entitled to take a deduction on his personal income tax return.
Exception: An alien and an alien's spouse are not considered to be dependents of the alien's sponsor for the purposes of these rules.
The dependent's income is not subtracted from the dependent's allocation.
Next, deduct allocations for the sponsor and the sponsor's dependents as follows:
- an amount equal to the federal benefit rate (FBR) for an individual for the sponsor;
- an amount equal to one-half the FBR for an individual for the spouse living in the same household with the sponsor or an amount equal to the FBR for an individual for the spouse who is also a co-sponsor (spouse allocation is not applicable if the spouse is the applicant/recipient); plus
- an amount equal to one-half the FBR for an individual for each dependent of the sponsor. (If both members of a couple are sponsors, only one allocation is given for each dependent even if the person is a dependent of both spouses.)
Deem the balance of the income to the alien as unearned income. If both members of an eligible couple have the same sponsor, the sponsor's income is deemed to each member. The couple's countable income includes the sum of their deemed income amounts.
If an alien is sponsored by more than one individual (other than two sponsors who are married to each other and living together), the sponsor-to-alien deeming rules are applied separately to the income of each sponsor to determine the total income deemable to the alien.
If only one member of a couple is sponsored and that member is an ineligible spouse, sponsor-to-alien deeming does not apply to the eligible member of the couple (nor would it be applicable to the ineligible member of the couple).
Note: When the sponsor's income is deemed to the alien applicant/recipient, cash, support and maintenance provided by the sponsor are not counted as income unless the indigence exception is granted. See D-9220, Deeming Exceptions.
D-9410 Examples of Sponsor-to-Alien Income Deeming
Revision 24-1; Effective March 1, 2024
The following examples are for demonstration purposes only. They may not reflect the most recent federal benefit rate (FBR) amounts.
Example 1: Sponsor lives with non-sponsor spouse and children. Only the sponsor has income.
An alien applicant has no income, and the sponsor has a monthly earned income of $3,300 and unearned income of $70. The sponsor's dependents (spouse and three children) have no income.
Add the sponsor's earned and unearned income for a total of $3,370 and apply the allocations for the sponsor and his or her dependents.
Total allocations equal $2,829:
- $943 (FBR for an individual) for the sponsor;
- + $471.50 (one-half the FBR for an individual) for the non-sponsor spouse; and
- + $1414.50 (one-half the FBR for an individual, $471.50 each) for the sponsor's three children.
Deduct the allocation amount of $2,829 from the sponsor's total income of $3,370, which leaves $541 to be deemed to the alien as his or her unearned income. This amount is subject to the $20 general income exclusion when determining his or her eligibility.
Example 2: Sponsor lives with non-sponsor spouse and children. Both the sponsor and spouse have income.
An alien couple with no income applies for benefits. The sponsor has earned income of $2,350, and the non-sponsor spouse has earned income of $450. Their two children have no income.
Combine the sponsor's and spouse's income for a total of $2,800 ($2,350 + $450) and apply the allocations for the sponsor and his or her dependents.
Total allocations equal $2,357.50:
- $943 (FBR for an individual) for the sponsor;
- + $471.50 (one-half the FBR for an individual) for the non-sponsor spouse; and
- + $943 (one-half the FBR for an individual, $471.50 each) for the sponsor's two children.
Deduct the allocation amount of $2,357.50 from the sponsor's and spouse's total income of $2,800, which leaves $442.50. This amount must be deemed independently to each applicant. The $885 deemed income ($442.50 each) is unearned income to the alien couple and is subject to the $20 general income exclusion when determining the couple's eligibility.
Example 3: Sponsor lives with spouse, who is also alien's sponsor, and children. Both sponsors have income.
An alien couple with no income is applying for benefits. The sponsor has an earned income of $2,350, and the co-sponsor, who lives with them, has an earned income of $650. Their two children have no income.
Combine the sponsor's and co-sponsor's income for a total of $3,000 ($2,350 + $650) and apply the allocations for the sponsors and dependents.
Total allocations equal $2,829:
- $1,886 (two times the FBR for an individual, $943 each) for the sponsor and co-sponsor; and
- + $943 (one-half the FBR for an individual, $471.50 each) for the two children.
Deduct the allocation amount of $2,829 from the sponsors' total income of $3,000, which leaves $171. This amount must be deemed independently to each applicant. The $342 deemed income ($171 each) is unearned income to the alien couple. It is subject to the $20 general income exclusion when determining the couple's eligibility.