Current through Register Vol. 35, No. 18, September 24, 2024
A.
Availability: Deemed income is income considered available to a
minor applicant or recipient from their parents. Deeming of resources and
income applies only during periods when an applicant or recipient under 18
years of age is living with their parents and during the month of entry into an
institution.
B.
Situations in
which deeming occurs: Deeming of income occurs:
(1) from ineligible parent to eligible child;
or
(2) if there is both a MAP
eligible parent and a MAP eligible child in the home.
C.
Computing deemed income: The
ISD worker computes the total monthly amount of parental unearned and earned
income and then computes the deemed income available to the applicant or
recipient child. If the deemed income plus the child's separate income exceeds
the applicable maximum, the child will not have a MAP category of institutional
care eligibility for that month.
(1)
Parents and children receiving aid: If one of the applicant or
recipient child's parents is receiving any benefit or assistance paid by a
governmental agency on the basis of economic need, that benefit plus all the
income of that parent is excluded from the deeming process. This exclusion
applies only to the income of the parent who receives the benefit. Even if the
income of one parent is excluded, that parent is still considered a member of
the household for purposes of determining the parental allocation. Provisions
for deeming income do not apply to benefits under temporary assistance to needy
families (TANF). No income is deemed to a parent or child(ren) if that parent
or child(ren) is (are) receiving TANF assistance.
(2)
Applicant or recipient parent and
their child(ren): If a household is composed of an applicant or
recipient parent and an applicant or recipient child(ren), the parent's income
is determined according to the methodology appropriate to the MAP category of
eligibility which they receive.
(a) If there
is enough income to make the applicant or recipient parent ineligible, the
remainder of the income is carried over to be deemed to the
child(ren).
(b) If there is more
than one potentially eligible child, the deemed income is divided equally among
them. If total countable income is less than the applicable maximum, the
applicant or recipient has a MAP category of institutional care eligibility on
the factor of income.
(c) If an
applicant or recipient is determined to meet the MAP category of institutional
care eligibility, the ISD worker must recompute available income for the
following month based on separate income to establish the correct medical care
credit. See
8.281.500.23 NMAC,
post-eligibility/medical care credit.
