Current through Register Vol. 48, No. 38, September 20, 2024
a)
This Section, except as specified in Subsection (b) of this Section, applies to
all non-citizens who entered the country prior to August 22, 1996, or who
entered the country on or after that date but whose sponsor did not sign an
Affidavit of Support under Section 213A of the Immigration and Nationality Act
(INA) ( 8 USCA 1183A).
b) This
Section applies to all non-citizens except the following:
1) persons paroled under Section 212(d)(5) of
the Immigration and Nationality Act ( 8 USCA 1182(d)(5)) (INA) for at least one
year and who entered the United States before August 22, 1996;
2) persons granted asylum by the U.S.
Attorney General under Section 208 of the INA ( 8 USCA 1158);
3) persons admitted as Cuban or Haitian
entrants;
4) persons admitted by
application before April 1, 1980, under Section 203(a)(7) of the INA ( 8 USCA
1153(a)(7));
5) persons admitted as
refugees by application after March 31, 1980, under Section 207(c) of the INA (
8 USCA 1157(c)(1));
6) persons who
became blind or disabled, as defined by the Social Security Administration in
20 CFR 416.901,
after entering the United States;
7) persons whose deportation is being
withheld under Section 243(h) of the INA ( 8 USCA 1253(h)); and
8) MANG applicants and recipients.
c) Certain amounts of the income
and assets of a sponsor and of a sponsor's spouse, if they live together, are
deemed to be available unearned income and/or assets of the individual
non-citizen applying for or receiving AABD MAG assistance if:
1) the sponsor signed an Affidavit of Support
or a similar agreement assuring that the non-citizen would not become a public
charge;
2) the non-citizen has been
a resident of the United States for less than three years;
3) the sponsor is not a recipient of TANF,
SSI, or SSP; and
4) the non-citizen
is not a child or spouse of the sponsor.
d) A sponsor is an individual, private
organization or agency, or public organization or agency.
e) The Department shall count the sponsor's
spouse's income and assets even if the sponsor and spouse married after the
agreement to support was signed.
f)
The sponsor, if found able to support the non-citizen wholly or partially, is
liable for the needs of the individual non-citizen only. The sponsor is not
responsible for the needs of the spouse or child or children of the non-citizen
if he or she did not sponsor them.
g) If two or more non-citizens applying for
assistance are sponsored by the same sponsor, the income of the sponsor is
deemed available and is divided equally among the non-citizens.
h) The Department shall determine the
sponsor's liability to support the non-citizen as follows:
1) Determination of Sponsor's Available
Income.
A) The Department shall disregard
20%, not to exceed $175, of the earned income of the sponsor or of the sponsor
and sponsor's spouse if they live together. This includes net earnings from
self-employment, allowing business expenses incurred in the production of
self-employment income.
B) The
Department shall add the unearned income of the sponsor and spouse if they live
together.
C) If the sponsor's
children are living with the sponsor, the Department shall deduct the income of
the sponsor and the sponsor's spouse and family from 3 times the applicable
TANF cash payment level. The sponsor and other individuals living with the
sponsor who are claimed as federal tax dependents are included.
D) If the sponsor and the sponsor's spouse
have no dependent children living with them, the Department shall deduct the
income from the appropriate AABD Assistance Standard (see Section
113.245
).
E) The Department shall deduct
from income:
i) any amount paid to
individuals outside the home whom the sponsor claims as federal tax dependents;
and
ii) any alimony or child
support paid to individuals not living with the sponsor.
F) Any remaining income is applied to the
needs of the non-citizen.
2) Determination of the Total Amount of
Assets of the Sponsor and Sponsor's Spouse.
A) The asset disregard for a sponsor of a
non-citizen is $2,000; for a sponsor and spouse residing together, $3,000; and
for a sponsor living with two or more dependent family members, $3,000 for the
sponsor and one dependent plus $50 for each additional dependent.
B) The same assets are exempt as for an AABD
case (see Section
113.141
).
