Policy History for 5.4.7 DEEMING

Release 06-03

5.4.7 DEEMING

Deeming is the allocation of income Income is anything you receive in cash or in kind that you can use to meet your needs for food, clothing, and shelter. from someone who is not in the AFDC-MA AFDC-MA is the category of Medicaid that is based on rules for the Aid to Families with Dependant Children Program (AFDC) that were in effect on July 16, 1996. group, but is a legally responsible relative ( LRR ) of an eligible group member of the AFDC-MA group.  For Manual eligibility determinations use the AFDC deeming worksheet or the AFDC Alien deeming worksheet. (5.4.7.4.)

If a person who is not in the AFDC-MA group is legally responsible for someone in the group, it does not matter whether s/he actually gives the income to the AFDC-Medicaid group members.  Consider the income available to the group and count it in the financial tests.

Do not deem from an LRR who receives Supplemental Security Income ( SSI ), even though s/he is not in the AFDC-Medicaid group.  Instead, as you determine the group’s financial eligibility, ignore his or her presence and income.

5.4.7.1 Income Deductions for All Exclusions

1. Subtract from gross earned income. .
    

   1. Work related expenses of $90.
   2. Actual dependent care costs not to exceed $200 per child under the age of two or $175 per child age 2 or over or incapacitated adult.

2. Add to the result in Step 1
    

   1. Gross unearned income
       

3. Subtract from the result in Step 2
    

   1. Court ordered support and payments to anyone who is or could be a deduction for federal income taxes. Any such person cannot be in the household.
      An additional deduction may be taken from the deemer's income. This deduction is for the needs of the LRR and/or others they are responsible for, who are not in the AFDC-MA group. The reason the LRR is excluded determines if there is an additional deduction and the amount of the deduction.

    

   2. Actual dependent care costs not to exceed $200 per child under the age of two or $175 per child age 2 or over or incapacitated adult.
      
      An additional deduction may be taken from the deemer’s income.  This deduction is for the needs of the LRR and/or others they are responsible for, who are not in the AFDC-MA group.  The reason the LRR is excluded determines if there is an additional deduction and the amount of the deduction.

5.4.7.2 Involuntary Exclusions

If the LRR is involuntarily excluded due to sanctions or failure to provide information, allow no further deductions for the needs of those who were excluded. If the LRR was involuntarily excluded for any other non- financial reason, then deduct:

1. $102 for 1 LRR or spouse; or

2. $204 for both; and

3. $102 for each child of the LRR, if the child is an ineligible alien.

Deem the remainder of the income to the AFDC- Medicaid Group as unearned income.

5.4.7.3 Voluntary Excluded

Give an allowance equal to the assistance standard and pregnancy allowance (5.4.12) or Assistance Standard Allowance (5.4.11) for:
 

1. The included person.

2. Any spouse.

3. Their legal dependants.

Deduct the assistance standard from the net income.  The assistance standard amounts are also in the CARES Client Assistance for Re-employment & Economic Support reference table TMST.  Deem all remaining income to the AFDC-MA group as unearned income.

5.4.7.4 AFDC Deeming Worksheet for Manual Determinations

AFDC/TWO-TIER/WNW ALIEN DEEMING WORKSHEET

PRIMARY PERSON:                                            SSN:

This page last updated in Release Number : 05-02

Release Date : 05/10/05

Effective Date : 05/10/05