Current through Register Vol. 63, No. 9, September 1, 2024
(1) In
the OSIP, OSIPM, QMB, REF, and REFM programs, the assets (see
OAR 461-001-0000) of a sponsor and
the spouse (see OAR
461-001-0000) of the sponsor are
not deemed to the sponsored noncitizen.
(2) In all programs except the OSIP, OSIPM,
QMB, REF, and REFM programs, the assets of a sponsor and the
spouse of the sponsor are considered the
assets of the sponsored noncitizen, and are subject to deeming
(see sections (3) and (4) of this rule), unless at least one of the following
subsections applies:
(a) The sponsor has not
signed a legally binding affidavit of support, for instance USCIS Form I-864 or
I-864A.
(b) The sponsor receives
SNAP, Supplemental Security Income (SSI), or TANF benefits.
(c) The sponsor is deceased. The estate of a
deceased sponsor is not responsible for the noncitizen.
(d) The sponsored noncitizen establishes
indigence. A sponsored noncitizen establishes indigence if the total income of
the household including in-kind income plus any cash, food, housing, or other
assistance provided by other individuals including the sponsor is:
(A) In the TANF program, under the
countable (see OAR
461-001-0000) income
standard.
(B) In the SNAP program,
under the countable income limit, set at 130 percent of the federal poverty
level (see OAR 461-155-0180).
(C) Each indigence determination under this
subsection is effective for 12 months and may be renewed for additional
12-month periods.
(e) The
sponsored noncitizen is an abused immigrant spouse, abused immigrant child,
immigrant parent of an abused child or an immigrant child of an abused parent,
as long as the abused noncitizen does not live in the same household as the
person responsible for the abuse.
(f) The sponsored noncitizen does not meet
the noncitizen status requirement for the program for which they
apply.
(g) The sponsored noncitizen
becomes a naturalized citizen.
(h)
The sponsored noncitizen can be credited with 40 qualifying quarters of
work.
(i) The sponsored noncitizen
is under 18 years of age.
(3) In all programs except the OSIP, OSIPM,
QMB, REF, and REFM programs, the following process is used to determine the
amount of income considered available to the noncitizen from the noncitizen's
sponsor and the spouse of the sponsor. The unearned income of the sponsor and
the sponsor's spouse is added to their countable earned income
(see OAR 461-140-0010) minus earned
income deductions.
(4) In the SNAP
program when section (2) of this rule does not apply, the income of the sponsor
and the spouse of the sponsor is deemed to the sponsored
noncitizen and included in the gross countable income of the
noncitizen. The income of the sponsor and the spouse of the
sponsor goes through the following steps to determine the amount of income to
deem:
(a) Step One: The gross
countable unearned income of the sponsor and the
spouse of the sponsor are included in the subtotal.
(b) Step Two: The gross
countable earned income of the sponsor and the
spouse of the sponsor receive a 20 percent earned income
deduction and the result is included in the subtotal. If the earned income of
the sponsor or the spouse of the sponsor is from
self-employment, the gross income is allowed deductions under OAR
461-145-0920 and OAR
161-145-0930 to determine the countable earned income
amount.
(c) Step Three: The
subtotal receives a deduction equal to the countable income limit under OAR
461-155-0190, which is set at
130 percent of the federal poverty level, for the need group
(see OAR 461-110-0630) size of the
sponsor. The need group size of the sponsor is determined by
including the sponsor, the spouse of the sponsor, and any
dependents that are claimed on federal taxes by the sponsor. The sponsored
noncitizen and the members of the sponsored noncitizen's filing
group (see OAR
461-110-0310 and OAR
461-110-0370) are not included
when determining the need group size of the sponsor.
(d) Step Four: The remaining amount is
divided evenly between all noncitizens sponsored by the sponsor or the
spouse of the sponsor and any citizen child
(see OAR 461-001-0000) or sponsored
noncitizen child in the filing group of the
sponsored noncitizen. The result is the income portion for each
individual.
(e) Step Five: The
income portion of each adult (OAR
461-001-0015) sponsored
noncitizen in the filing group is deemed to the sponsored
noncitizen and included in their countable
income.
Statutory/Other Authority: ORS
411.060,
411.070,
411.083,
409.010,
411.404,
411.704,
411.816,
413.085,
414.025,
414.619 &
409.050
Statutes/Other Implemented: ORS
411.060,
411.070,
411.083,
409.010,
411.404,
411.704,
411.816,
412.049,
414.025,
8 USC
1183a,
7 CFR
273.9 &
7 CFR
273.4
