Utah Administrative Code
Topic - Workforce Services
Title R986 - Employment Development
Rule R986-200 - Family Employment Program
Section R986-200-243 - Counting the Income of Sponsors of Eligible Aliens
Current through Bulletin 2024-06, March 15, 2024
(1) Certain aliens who have been legally admitted into the United States for permanent residence must have a portion of the earned and unearned countable income of their sponsors counted as unearned income in determining eligibility and financial assistance payment amounts for the alien.
(2) The following aliens are not subject to having the income of their sponsor counted:
(3) Except as provided in subsection (7) of this section, the income of the sponsor of an alien who applies for financial assistance after April 1, 1983 and who has been legally admitted into the United States for permanent residence must be counted for five years after the entry date into the United States. The entry date is the date the alien was admitted for permanent residence. The time spent, if any, in the United States other than as a permanent resident is not considered as part of the five year period.
(4) The amount of income deemed available for the alien is calculated by:
(5) Actual payments by the sponsor to aliens will be counted as income only to the extent that the payment amount exceeds the amount of the sponsor's income already determined as countable.
(6) A sponsor can be held liable for an overpayment made to a sponsored alien if the sponsor was responsible for, or signed the documents which contained, the misinformation that resulted in the overpayment. The sponsor is not held liable for an overpayment if the alien fails to give accurate information to the Department or the sponsor is deceased, in prison, or can prove the request for information was incomplete or vague.
(7) In the case where the alien entered the United States after December 19, 1997, the sponsor's income does not count if: