Medical Assistance for People Who Are Age 65 or Older and People Who Are Blind or Have a Disability

2.3.3.3.2.1.2 Sponsor Income Deeming (Archive)

Sponsor deeming rules apply to noncitizens who are sponsored by an individual or individuals and have a signed Affidavit of Support (USCIS I-864), unless the applicant meets an exception to sponsor deeming.

Exceptions to MA Sponsor Deeming

Sponsor deeming does not apply to sponsored noncitizens when:

• The noncitizen is under age 21

• The noncitizen is pregnant. This exception ends when the sponsored pregnant woman’s 60-day postpartum period ends. Sponsor deeming applies the month following the end of the postpartum period.

• The noncitizen has sponsorship deferred by USCIS when their immigration status is changed to Battered Noncitizen

• If the noncitizen needs placement in a facility and placement is jeopardized by the sponsor’s failure or inability to provide support, or inability of the client to locate the sponsor

Income of a sponsor and the sponsor’s spouse is deemed to each noncitizen covered by the affidavit regardless of whether the sponsor actually contributes to the noncitizen’s household needs. Income is deemed even if the sponsor or the sponsor’s spouse are receiving public assistance in Minnesota or another state.

The following sponsor and sponsor’s spouse’s income is deemed to the sponsored noncitizen:

• Gross income, including any cash assistance received by the sponsor or the sponsor’s spouse

• Net self-employment income, minus self-employment expenses

If the sponsor is a member of the household:

• The sponsor’s income is already deemed to the sponsored noncitizen spouse and family members under the MA for People Who Are Age 65 or Older and People Who Are Blind or Have a Disability (MA-ABD) income deeming rules.

• Applicable MA-ABD income disregards and deductions are applied to the sponsor’s income.

If the sponsor is not a member of the household or is a household member whose income is not deemed to the sponsored noncitizen under MA-ABD income deeming rules, the following rules apply:

• The total gross income of the sponsor and the sponsor’s spouse is deemed to each sponsored noncitizen.

• The sponsor or the sponsor’s spouse’s income are not considered unavailable or excluded.

Legal Citations

Code of Federal Regulations, title 42, section 435.602

Minnesota Statutes, section 256B.06, subdivision 5

Personal Responsibility and Work Opportunity Reconciliation Act of 1996, title IV, Public Law 104–193, section 421 and 422

Published:  June 1, 2016

Archived: June 1, 2020