County of San Diego Health and Human Services Agency HHSA Cash Assistance Program for Immigrants CAPI Program Guide Deemed Income Number Page 991036 1 of 2 Revision Date August 1 2019 A Background Deemed income is the amount of another persons income that is considered to belong to the customer in determining the CAPI payment amount It does not matter if the other person actually makes the money available to the applicantrecipient Purpose This section is revised for the sunset review No Program rules have changed B Policy Income will be deemed from an Ineligible spouse who is living in the same household as the customer Ineligible parent who is living in the same household as the minor customer Sponsor of a noncitizen regardless of where the sponsor is living Note Deeming from an ineligible parent to a child stops on the first of the month following the month in which the child attains age 18 1 Sponsor Deeming Rules Deeming from a sponsor may occur regardless of whether the sponsor lives in the same household as the customer The sponsors income also includes the sponsors spouses income if the sponsor and the spouse live in the same household Apply deeming from a disabled sponsor see form SOC 454 CAPI Sponsor do Alien Deeming Worksheet The sponsors income is not subject to any deeming exclusions although the sponsor does get an allocation See Desk Aid 991051A for the sponsors allocation for use on the SOC 454 2 Length of Sponsor Deeming Sponsor to alien deeming rules differ depending on which affidavit the sponsor signed except for Extended CAPI recipients The new Affidavit I864 is one that complies with the legal requirements of Public Law 104193 and became effective December 19 1987 It is possible that some immigrants may have entered the US for a period after that date under the old Affidavit I134 See the table in 991013B3 to determine when sponsor deeming ends 3 Indigence Exception Sponsor deeming may be suspended for 12 consecutive months if the sponsor signed the new Affidavit and the indigence exception applies See 991013 for information on this exception 4 Deeming from an Ineligible Spouse or Parent Deeming from an ineligible spouse or parent occurs only when the deemor is living in the same household with the customer All income from an ineligible spouse or parent is subject to the same exclusions that apply to the recipient plus County of San Diego Health and Human Services Agency HHSA Cash Assistance Program for Immigrants CAPI Program Guide Deemed Income Number Page 991036 2 of 2 Any public assistance payments except SSISSP that the ineligible spouse receives Any income which was counted or excluded by a public assistance program in figuring the benefit amount Income used to comply with the terms of courtordered support ISM IHSS paid to the ineligible spouse or parents for providing chore attendant or homemaker services to the customer 5 Deeming Allowance See Desk Aid 991051A for the allowance for ineligible children in deeming situations Enter this allowance when appropriate on the Income Eligibility Worksheet SOC 452 line B2a when determining a CAPI benefit amount for a case involving deeming income from an ineligible spouse If the ineligible spouses income is less than the amount listed above deeming does not apply and the CAPI payment will be based on the individuals own income under Column A of the SOC 452 C Procedure Count deemed income as stated in the policies above Other Program Impacts None References MPP 490357 and 49037 ACLs 9882 9956 0067 0161 and 0263 ACIN 6805 Sunset Date This policy will be reviewed for continuance by 08312022 Approval for Release Rick Wanne Director Eligibility Operations