7720 Counting A Sponsor's Income and Resources as Available to the Sponsored Non-citizens -
7721 Counting A Sponsor's Income and Resources as Available to the Sponsored Non-citizens - Cash Programs -
Resources - The total nonexempt resources (less $1,500) of a non-refugee non-citizen's sponsor and sponsor's spouse (if living with the sponsor) shall be considered available to the non-citizen in determining eligibility for a period of 3 years following the non-citizen's entry into the United States. This provision does not apply if the sponsor is an TANF or SSI recipient. See 7700 for sponsor definition and exempt non-citizens.
Income - In determining the eligibility of a non-refugee non-citizen for a period of 3 years following his or her entry into the United States (including the month of entry), the income of the non-citizen's sponsor must be considered. Sponsors who are TANF or SSI recipients shall be exempt from the provisions of this section. If married, the income of the sponsor's spouse must also be considered (if they are living together).
NOTE: Any individual whose sponsor is a public or private agency shall be ineligible for assistance for 3 years after his/her date of entry into the U.S. unless it can be determined that the sponsoring agency is unable to meet the individual's needs.
The first 20% (not to exceed $175) of the total earned income shall be subtracted from the total nonexempt gross income (or adjusted gross for self-employment) of the sponsor who is excluded from the assistance plan.
The countable income obtained after the application of the above deduction shall be treated as unearned income for the non-citizen. When a person is the sponsor of two or more non-citizens, the countable income of the sponsor shall be prorated based on the number of sponsored non-citizens.
In order to be deducted, any amounts paid for child support, alimony, or other support for dependents not living in the same household must be verified each month and documented in the case file. A sponsored non-citizen shall provide any information and documentation necessary to determine the sponsor's income and obtain any cooperation necessary from the sponsor. Failure to do so shall render the non-citizen ineligible for assistance.
For purposes of this section, a sponsor is any person who executed an affidavit of support or similar agreement on behalf of a non-citizen (who is not the child of the sponsor or the sponsor's spouse) as a condition of the non-citizen's entry into the United States.
The income of a non-citizen's sponsor shall not be considered in determining the need of any un-sponsored members of the non-citizen's family unless that income is actually available to them.