5101:4-6-31 Food assistance: sponsored aliens.

 

5101:4-6-31                 Food stamps: sponsored aliens.

 

 

 

(A)    A sponsored alien is an alien for whom a person (the sponsor) has executed an affidavit of support (INS form I-864 or I-864A) on behalf of the alien pursuant to section 213A of the INA.

 

(B)   Only when a sponsored alien is an eligible alien in accordance with rule 5101:4-3-07 of the Administrative Code will the county agency consider the income and resources of the sponsor and spouse. For purposes of determining the eligibility and benefit level of an AG of which an eligible sponsored alien is a member, the county agency must deem the income and resources of the sponsor and the sponsor's spouse, if he or she has executed INS form I-864 or I-864A, as the unearned income and resources of the sponsored alien.

 

(C)    The county agency must deem the sponsor's income and resources until the alien gains U.S. citizenship, has worked or can receive credit for forty qualifying quarters of work as described in rule 5101:4-3-07 of the Administrative Code, or the sponsor dies.

 

(D)   The monthly income of the sponsor and sponsor's spouse if he or she has executed INS form I-864 or I-864A, deemed as that of the eligible sponsored alien must be the total monthly earned and unearned income as defined in rule 5101:4-4-19 of the Administrative Code with the exclusions provided in rule 5101:4-4-13 of the Administrative Code of the sponsor and sponsor's spouse at the time the AG containing the sponsored alien member applies or is recertified for participation minus the following deductions:

 

(1)     A twenty per cent earned income amount for that portion of the income determined as earned income of the sponsor and the sponsor's spouse; and

 

(2)   An amount equal to the monthly gross income standard for an AG equal in size to the sponsor, the sponsor's spouse, and any other person who is claimed or who could be claimed by the sponsor or the sponsor's spouse as a dependent for federal income tax purposes.

 

(E)   If the alien has already reported gross income information on his or her sponsor in compliance with OWF sponsored alien rules, the county agency may use that income amount for food stamp program deeming purposes. However, the county agency must limit allowable reductions to the total gross income of the sponsor and

 

 

 

the sponsor's spouse prior to attributing an income amount to the alien to amounts specified in paragraphs (D)(1) and (D)(2) of this rule.

(F)   The county agency must consider as income to the alien any money the sponsor or the sponsor's spouse pays to the eligible sponsored alien, but only to the extent that the money exceeds the amount deemed to the eligible sponsored alien in accordance with paragraph (D) of this rule.

(G)    The county agency must deem as available to the eligible sponsored alien the total amount of the resources of the sponsor and the sponsor's spouse as determined in rule 5101:4-4-01 of the Administrative Code reduced by fifteen hundred dollars.

(H)   If a sponsored alien can demonstrate to the county agency's satisfaction that his or her sponsor is the sponsor of other aliens, the county agency must divide the income and resources deemed under paragraphs (D) and (F) of this rule by the number of such sponsored aliens.

(I)   The deeming provisions discussed in paragraphs (B) to (H) of this rule do not apply to the aliens listed below:

(1)   An alien who is a member of his or her sponsor's food stamp AG;

(2)     An alien who is sponsored by an organization or group as opposed to an individual;

(3)    An alien who is not required to have a sponsor under the Immigration and Nationality Act, such as, a refugee, a parolee, an asylee, or a Cuban or Haitian entrant;

(4)    An indigent alien that the county agency has determined is unable to obtain food and shelter taking into account the alien's own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor(s). For purposes of this paragraph, the phrase "is unable to obtain food and shelter" means that the sum of the eligible sponsored alien's AG's own income, the cash contributions of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide, does not exceed one hundred thirty per cent of poverty income guideline for the AG's size. Reference appendix A of rule 5101:4-4-11 of the Administrative Code for the one hundred thirty per cent of poverty income guideline. The county agency must determine the amount of income and other assistance provided in the month of application. If the alien is indigent, the only amount that the county agency must deem to such an alien will be the amount actually provided for a

period beginning on the date of such determination and ending twelve months after such date. Each indigence determination is renewable for additional twelve-month periods. The county agency must notify the state agency of each such determination, including the names of the sponsor and the sponsored alien involved; so that this information may be forwarded to the Attorney General.

(5)    A battered alien spouse, alien parent of a battered child, or child of a battered alien, for twelve months after the county agency determines that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After twelve months, the county agency must not deem the batterer's income and resources if the battery is recognized by a court or the INS and has a substantial connection to the need for benefits (for guidance, see the DOJ interim guidance published on November 17, 1997 (62 CFR 61344), and the alien does not live with the batterer.

(6) Effective October 1, 2003, a child who is under eighteen years of age.

(J)     During the period the alien is subject to deeming, the eligible sponsored alien is responsible for:

(1)   Obtaining the cooperation of the sponsor and for providing the county agency at the time of application and reapplication with the information and documentation necessary to calculate deemed income and resources.

(2)   Providing the names and other identifying factors of other aliens for whom the alien's sponsor has signed an affidavit of support. The county agency must attribute the entire amount of income and resources to the applicant eligible sponsored alien until he/she provides the information in this paragraph.

(3)     Reporting the required information about the sponsor and sponsor's spouse should the alien obtain a different sponsor during the certification period and for reporting a change in income should the sponsor or the sponsor's spouse change or lose employment or die during the certification period. Such changes shall be handled in accordance with timeliness standards and procedures described in rule 5101:4-7-01 of the Administrative Code.

(K)     Until the alien provides information or verification necessary to carry out the provisions of paragraphs (B) to (H) of this rule, the sponsored alien is ineligible. The county agency must determine the eligibility of any remaining AG members. The county agency must consider available to the remaining AG members the income and resources of the ineligible alien (excluding the deemed income and resources  of  the  alien's  sponsor  and  the  sponsor's  spouse)  in  determining  the

eligibility and benefit level of the remaining AG members.

(1)     If the sponsored alien refuses to cooperate in providing information or verification, other adult members of the alien's AG are responsible for providing the information or verification required in accordance with the provisions of rule 5101:4-2-07 of the Administrative Code.

(2)    If the county agency subsequently receives the information or verification, it must act on the information as a reported change to the AG members in accordance with the provisions of rule 5101:4-7-01 of the Administrative Code.

(3)   If the same sponsor is responsible for the entire AG, the entire AG is ineligible until such time as the AG provides the needed sponsor information or verification. The county agency must assist aliens in obtaining verification in accordance with the provisions of rule 5101:4-2-09 of the Administrative Code.

(L)   The county agency must exclude any sponsor who is participating in the food stamp program from any demand made under 8 CFR 213a.4(a) for the value of food stamp benefits issued to an eligible sponsored alien he or she sponsors.

Effective:                                10/1/2002

CERTIFIED ELECTRONICALLY

Certification

09/24/2002 11:25 AM

Date

Promulgated Under:   111.15

Statutory Authority:   5101.54

Rule Amplifies:           329.04, 329.042, 5101.54 Prior Effective Dates: 6/1/83, 5/1/86 (EMER.),

8/1/86 (EMER.), 10/1/86,

4/10/87 (EMER.), 6/22/87,

5/1/89 (EMER.), 7/17/89,

7/1/91, 9/22/96 (EMER.),

12/21/96, 1/1/97 (EMER.),

3/23/97, 4/1/97 (EMER.),

6/6/97, 10/1/97, 2/1/98 (EMER.), 2/23/98, 2/1/99, 6/1/01 (EMER.), 8/27/01,

3/1/02 (EMER.), 5/13/02