Section 16.03.04.754 - DEEMING INCOME AND RESOURCES TO SPONSORED LEGAL NON-CITIZENIncome and resources of the sponsor are deemed available to the legal non-citizen. If the sponsor lives with their spouse, the spouse's income and resources are also deemed available to the legal non-citizen. The income and resources are deemed, even if the sponsor and spouse were married after the sponsor signed the sponsorship agreement. The Department counts income and resources deemed to the legal non-citizen toward Food Stamp eligibility and issuance level of the legal non-citizen's household.
01.Battered Legal Non-Citizen Whose Sponsor Signed an Affidavit of Support. For sponsor deeming, a battered legal non-citizen includes the non-citizen and the child of the non-citizen. The non-citizen or child must be battered in the US by a spouse, parent, or member of the family in the same household. The non-citizen must not participate in, or acquiesce to, the battering of the child. a. A battered legal non-citizen whose sponsor signed an affidavit of support is exempt from the sponsor deeming requirement for one (1) year if the need for Food Stamps is connected to the battery and the legal non-citizen no longer lives with the batterer.b. The exemption from the sponsor deeming requirement can exceed more than one (1) year if the legal non-citizen demonstrates the battery has been recognized in an order of a judge or by the INS and the need for Food Stamps is connected to the battery.02.Indigent Legal Non-Citizen Whose Sponsor Signed an Affidavit of Support. A non-citizen is indigent if the household income does not exceed one-hundred thirty percent (130%) of the poverty income guideline (gross income limit) for the household size.a. For an indigent non-citizen, the Department counts the non-citizen's own income and the cash or in-kind income and resources provided by the sponsor and spouse who signed an affidavit of support.b. A legal non-citizen that satisfies the indigent exemption criteria is exempt from deeming for twelve (12) months. The exemption can be renewed for additional twelve-month periods.c. If a legal non-citizen is granted an indigence exemption, the Department must provide written notification to the Statistics Branch of the INS on an annual basis. Required information includes written notice of the determination, the sponsored legal non-citizen's name, and the sponsor's name.d. A legal non-citizen can elect to decline the indigent exemption to avoid sponsor liability and notification to the INS.e. If the legal non-citizen declines the indigent exemption, the household is subject to sponsored deeming.Idaho Admin. Code r. 16.03.04.754