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Revision 09-4; Effective December 1, 2009
The word "deeming," as used in this handbook, means counting all or part of the income or resources of another person (parent or spouse) as income or resources available to the person.
HHSC does not deem income or resources from an alien's sponsor.
F-1410 Deeming for Spouses
Revision 11-4; Effective December 1, 2011
HHSC deems spouse's resources as follows:
- If a married person lives in the same household with an ineligible spouse, HHSC counts both the ineligible spouse's and the person's resources and applies the couple resource limit to the combined countable resources. The spouse's resources are counted even if they are not available to the person.
Note: Pension funds owned by an ineligible spouse or parent are excluded from resources for deeming purposes. If the ineligible spouse is a TANF caretaker, his resources are not counted. Pension funds are monies held in a retirement fund under a plan administrated by an employer or union, or an individual retirement account (IRA) or Keogh account as described in the Internal Revenue Code. - An ineligible spouse or parent who is absent from a deeming household solely because of an active duty military assignment continues to be considered a member of the household for resources deeming purposes. If the absent service member's intent to continue living in the household changes, deeming stops beginning with the month following the month in which the intent changed.
If the person does not live in the same household as his ineligible spouse, HHSC does not apply deeming policies. In situations where an institutionalized person has an ineligible spouse also living in a facility, only the person's resources are counted against the individual resource limit. HHSC includes in the person's resources the total amount of checking and savings accounts to which he has access.
Note: Follow joint bank account policy and exclude any separate resources of the ineligible spouse.
Example: Wayne and Ethel Thomas live together in their own home. Wayne was receiving SSI and RSDI as a disabled person. His most recent cost-of-living increase in RSDI benefits made him ineligible for SSI.
The eligibility specialist received Mr. Thomas' application for ME-Pickle. The reported and verified resources were:
| Description | Amount |
|---|---|
| joint checking account with a balance of | $410.00 |
| ownership of the home in which the couple lives | Excluded |
| 1975 automobile | Excluded |
| savings account in Wayne's name with a balance of | $700.00 |
| savings account in Ethel's name with a balance of | $576.00 |
| The countable resources for Wayne Thomas are less than the couple's resource limit. | $1,686.00 |
F-1420 Deeming for Children
Revision 11-3; Effective September 1, 2011
Note: Deeming from parents does not apply in certain §1915(c) waiver programs.
Deeming of resources does not apply to Medicaid Buy-In for Children (MBIC). There is no resource test for MBIC.
Regarding deeming for children, HHSC requirements are as follows:
If a disabled child under 18 lives with his parents in the same household, HHSC must deem to the child certain resources of the parents. If a parent is a TANF caretaker or a recipient, his resources are not counted.
An ineligible spouse or parent who is absent from a deeming household solely because of an active duty military assignment continues to be considered a member of the household for resources deeming purposes. If the absent service member's intent to continue living in the household changes, deeming stops beginning with the month following the month in which the intent changed.
To determine the amount of resources deemed to an eligible child, HHSC:
- applies any appropriate resource exclusions to the resources of the parents to determine countable resources. Pension funds owned by a parent are excluded from resources for deeming purposes. See note in F-1410, Deeming for Spouses;
- deems to the child any resources in excess of the individual resource limit for one parent or the couple resource limit for two parents. If more than one child is potentially eligible for an SSI-related Medicaid program, the amount to be deemed is equally divided among the otherwise eligible children. None of the parents' resources are deemed to ineligible children; and
- excludes from deeming gifts from tax-exempt organizations to a parent for the benefit of a child with a life-threatening condition, per Public Law 105-306.
A parent is defined as a child's natural or adoptive parent or the spouse of the natural or adoptive parent.