Title 16
15000 AFDC-TANF Related Programs
Deeming is the process of considering another person’s income and resources to be the income and resources of the individual who is applying for or receiving assistance. Deemed income and resources are attributed to the individual whether or not they are actually available to him or her.
15150.1 AFDC/TANF Related
Any individual who is denied or loses Medicaid under Section 1931 based on the budgeting of stepparent, grandparent, or sibling income may be eligible for Medicaid.
Follow all rules for Medicaid under Section 1931 except for the deeming of income from grandparents, stepparents, or siblings. (See DSSM 15120)
15150.1.1 Stepparent
Only the stepchildren may be eligible. No children in common are to be considered for Medicaid under this program. The natural parent is not to be considered for Medicaid. It is assumed his or her needs are being met by the income of the spouse.
If the income of the natural parent is above the standard of need for herself and the children being considered for Medicaid, the children are not eligible.
The children may remain eligible through the month they turn eighteen years old.
15150.1.2 Grandparent
Only the grandchildren may be eligible. If the parent of the grandchild is in the home, he or she must be under age 18. The income cannot exceed the standard of need for the parent and children. Income of the grandparents is excluded.
If the parent is age 18 or over and in the home, the grandchildren cannot be considered for the grandparent program.
The grandchildren may remain eligible through the month they turn eighteen.
15150.1.3 Sibling
The entire filing unit, minus the children whose income closed the case, are considered for Medicaid. If all three children receive income that makes the filing unit ineligible for TANF and Medicaid under Section 1931, the mother may elect to remove up to two of the children from consideration for Medicaid. If the income of the mother and the remaining child(ren) still exceeds the income limit, neither the mother nor the children may be considered for Medicaid under this program. There must be a child in the filing unit being considered for Medicaid.
15150.2 Alien Sponsor
Many aliens with little or no income who want to become lawful permanent residents have "sponsors" who pledge to support them. A sponsor is someone who completes an affidavit of support with the Immigration and Naturalization Service (INS) to help the alien friend or relative obtain lawful permanent resident status. The sponsor's income and resources are "deemed" or considered available when determining if the alien is eligible for certain assistance programs.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 requires Medicaid deeming for family sponsored immigrants who enter the U.S. on or after August 22, 1996. The deeming rules apply only to sponsors and immigrants who have signed the legally binding affidavits of support that are promulgated by the Attorney General. Sponsor deeming is required until the naturalization of the immigrant or until the sponsored immigrant can be credited with 40 qualifying quarters of work. Since family sponsored immigrants are subject to the 5 year bar on receiving benefits, there will be no new sponsor deeming for approximately 5 years.
For SSI-related Medicaid eligibility groups, use the rules of the SSI program. For AFDC-related Medicaid eligibility groups, use the rules of Section 1931 Medicaid.
