Non-Citizen Exempt from Sponsor Deeming

7 CFR § 273.4(c)(3)

Some non-citizens are exempt from sponsor deeming even if an Affidavit of Support was signed on their behalf. Non-citizens exempt from sponsor deeming are:

Battered non-citizen. See Battery Exemption to Sponsor Deeming.

Children under age 18.
Indigent non-citizens. See Indigence Determination.
Lawful permanent residents credited with 40 qualifying work quarters.
Non-citizen is residing in the same house as the sponsor because they are one SNAP EDG.
Non-citizens sponsored by organizations or groups.
Non-citizens whose sponsor signed the Affidavit of Support, Form I-134, prior to 12/19/1997

Battery Exemption from Sponsor Deeming

A non-citizen is exempt from sponsor deeming if the following criteria apply:

The non-citizen, the non-citizen’s child, or, if the non-citizen is a child, the non-citizen’s parent was battered or subject to extreme cruelty while in the U.S. by a spouse, parent or member of the spouse’s or parent’s family living in the same household as the non-citizen;
The non-citizen is no longer living in the same household as the batterer; and
There is a substantial connection between the battery or extreme cruelty and the non-citizen's need for SNAP benefits.

Note: This exemption is good for one year. The non-citizen cannot live with the batterer during the exemption period. After one year, the exemption may be continued if a judge, administrative law judge or the Department of Homeland Security formally recognizes that the battery or extreme cruelty actually occurred.

Indigence Determination

An indigent non-citizen is an individual who is unable to obtain food and shelter based on the total of their household income, their sponsor(s) income, and any other assistance received.

A non-citizen is considered indigent if the sponsor does not live with or provide free room and board to the non-citizen, and one of the following is true:

The non-citizen's income, including in-kind income and income actually provided by the sponsor, is less than 130% of the FPL for the non-citizen's EDG size; or
The non-citizen is living in an institution, rated housing facility, or is applying for or receiving services under a Medicaid Home and Community Based Waiver.

Note: If a non-citizen lives with their sponsor but is applying for or receiving services under a Medicaid Home and Community Based Waiver, treat the non-citizen as though they live apart from the sponsor.

See Non-Citizens – “A” Numbers and SAVE for more information.

Review indigence exclusions every 12 months.

Sponsor Deeming

7 CFR § 273.2(f)(1)(ii) & 7 CFR § 273.4(c)(2)(i)-(v) and (4) & 7 CFR 273.11(c)(3)(i)-(v)

Sponsored non-citizens are responsible to provide information or verification about the sponsor(s), and to obtain the cooperation from the sponsor at application and renewal. Allow the non-citizen at least 10 days to provide the information. Sponsored non-citizens are ineligible non-citizens if information is not provided by the due date. Determine eligibility and benefits for the remaining eligible members.

Deem a portion of the sponsor’s income and assets to the sponsored non-citizen, regardless of whether the income or assets are paid to the non-citizen. Deem the sponsor’s spouse’s income and assets to the sponsored non-citizen if the sponsor is living with their spouse.

A non-citizen can have one joint sponsor if the primary sponsor cannot fully support the financial needs of the non-citizen. Count the deemed income and assets of all sponsors for the non-citizen.

Note: Do not include the sponsor’s or sponsor’s spouse’s income and assets as income or assets of an ineligible non-citizen.

Deeming of Sponsor's Assets

7 CFR § 273.4(c)(2)(iv) & 7 CFR 273.11(c)(3)(i)-(v)

Determine the deemed asset amount as follows:

Add the sponsor’s countable assets;
Subtract $1,500;
Divide by the number of non-citizens sponsored. Count the entire amount if the number of sponsored non-citizens is not known;
The result is the deemed asset amount per sponsored non-citizen.

Note: No assets are deemed to children under age 18.

Deeming of Sponsor's Income

7 CFR § 273.4(c)(2)(i)-(iii) and (v) & 7 CFR 273.11(c)(3)(i)-(v)

Determine the deemed countable income amount as follows:

Add countable earned income;
Subtract 20% of the earned income;
Add countable unearned income;
Subtract the 130% of the FPL for the sponsor’s family size, and any other individual who is claimed or could be claimed as a dependent for federal income tax purposes;
Divide by the number of non-citizens sponsored. Count the entire amount if the number of sponsored non-citizens is not known;
The result is the deemed unearned income amount per sponsored non-citizen.

Money actually paid to the non-citizen by a sponsor is not income to the non-citizen unless the amount paid exceeds the deemed amount. Count any excess money paid as an unearned income contribution to the non-citizen.

Sponsor deeming when children under 18 are included in the EDG

7 CFR § 273.4(c)(2)(v)

If the EDG includes children under age 18, complete the following steps to ensure that no income is deemed to the children:

Divide the calculated deemed income by the number of EDG members;
Multiply the result by the number of adults in the EDG;
The result is the amount deemed to the EDG.

Expiration of Sponsor Deeming

7 CFR § 273.4(c)(2)

Deeming of income and assets ends when the:

non-citizen gains U.S. citizenship,
non-citizen has worked or can receive credit for 40 qualifying work quarters,
non-citizen loses LPR status and leaves the U.S.,
non-citizen receives in removal proceedings a new grant of adjustment of status as relief from removal, or
sponsor dies.

CT Department of Social Services

CT SNAP Policy Manual

Sponsored Non-Citizen