Section 16.03.05.456 - DEEMING INCOME FROM SPONSOR TO LEGAL NON-CITIZEN PARTICIPANT - NO I-864 AFFIDAVIT OF SUPPORTThe Department will deem income as described in this rule, if the legal non-citizen's sponsor signed an affidavit of support other than the I-864. The deemed income is counted, even if the participant does not live in the sponsor's household. The sponsor's income is not deemed to the participant for Medicaid.
01.Three-Year Limit. The deeming period, regardless of admission date, is three (3) years after the date the legal non-citizen is lawfully admitted. Deeming stops the end of the month, three (3) years from the date the sponsored participant lawfully entered the US for permanent residence.02.Sponsored Legal Non-Citizen Exempt from Deeming. A lawfully admitted legal non-citizen participant is exempt from sponsor deeming if one (1) or more of the following conditions applies.a. The legal non-citizen was admitted to the US as a refugee, asylee, or parolee.b. The legal non-citizen first applied for AABD before October 1, 1980.c. The legal non-citizen is a lawful permanent resident.d. The legal non-citizen's entry into the US was sponsored by a church, other social service organization, or an employer who has offered them a job.e. The legal non-citizen becomes blind or disabled after they are admitted to the US.f. The legal non-citizen was sponsored by and resides in the same household with their ineligible spouse or ineligible parent. The Department will use ineligible spouse and ineligible parent deeming, not sponsor deeming.g. The legal non-citizen's sponsor dies.h. The legal non-citizen was legalized under the Immigration Reform and Control Act of 1986.i. The legal non-citizen has lived in the US for thirty-six (36) months beginning with the month they were admitted for permanent residence or granted permanent residence status.j. The legal non-citizen was admitted under Section 249 of the INA as a registry legal non-citizen.k. The legal non-citizen is an applicant for permanent residence who is an Amerasian or a specified relative of an Amerasian. The Amerasian must be born in Vietnam between January 1, 1962, and January 1, 1976. A specified relative is a spouse, child, parent, or stepparent of the Amerasian, or someone who has acted in the place of a parent of an Amerasian and/or their spouse or child.l. The legal non-citizen is an applicant for adjustment under the Cuban/Haitian provisions of Section 202 of the Immigration Reform and Control Act of 1986.03.Sponsor/Legal Non-Citizen Relationships. Sponsor/legal non-citizen relationships and deeming rules are listed in POMS Chapter SI 01320.000, incorporated by reference under Subsection 002.02 of these rules.04.Sponsor to Legal Non-Citizen Deeming Procedures. The Department will budget the legal non-citizen's actual needs, as if they are a single person living alone. The Department will subtract the legal non-citizen's own income, less exclusions and disregards. The Department will subtract the couple's income, less exclusions, from their needs. If there is no budget deficit, the participant is not eligible. If there is a budget deficit, the Department will follow the procedures in POMS Chapter SI 01320.000, incorporated by reference under Subsection 002.02 of these rules, to compute sponsor deemed income.Idaho Admin. Code r. 16.03.05.456