Statutes, codes, and regulations
Colorado Administrative Code
Department 2500 - Department of Human ServicesDivision 2503 - Income Maintenance (Volume 3)
Rule 9 CCR 2503-5 - ADULT FINANCIAL PROGRAMS
Section 9 CCR 2503-5-3.534 - DEEMING INCOME

9 Colo. Code Regs. § 2503-5-3.534

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Current through Register Vol. 47, No. 20, October 25, 2024
Section 9 CCR 2503-5-3.534 - DEEMING INCOME
A. To determine the amount of income to deem to a client from a the client's spouse who does not meet the criteria described below in 'C', calculate the countable earned income of the spouse as follows:
1. Deduct $65 from the client's spouse's gross earned income; and,
2. Divide the remainder by two (2); and,
3. The result is the amount of earned income deemed to the client.
4. The deemed earned income shall be considered income to the client and shall be deducted, together with any other income, from the grant of the client.
5. Wages being garnished by the court are countable earned income.
B. To determine the amount of unearned income to deem to a client from the client's spouse who does not meet the criteria as described below in 'C', calculate the countable unearned income of the spouse as follows:
1. Calculate the total amount of unearned income of the spouse;
2. Deduct the OAP grant standard from the total unearned income of the spouse;
3. Deduct an amount to meet the needs of each dependent child living in the household of the spouse equal to half the maximum SSI grant benefit standard, as defined in Section 3.510, less the dependent child's own income;
4. Deduct any medical care payments by the spouse for his or her dependents who are not covered by Medicare, Medicaid, or other health programs;
5. Deduct any amount of obligation of the spouse due to orders of judgment or for support by a court, unless there is a garnishment. Income garnished by the court is countable as unearned income.
6. The remainder is the amount of unearned income deemed to the client.
7. The deemed unearned income shall be considered income to the client and shall be deducted, together with any other income, from the grant of the client.
C. If a client's spouse is receiving Adult Financial grant payments, SSI benefits, or Medicaid assistance and has income no greater than the OAP limit, his or her income shall not be considered as available to the client and shall not be deemed. If a client's spouse is institutionalized and the client has retained the minimum monthly maintenance needs allowance (MMMNA), the MMMNA shall be deducted from the institutionalized spouse's total income.
D. A sponsor's income can only be deemed to the non-citizen client he or she sponsors. The amount of earned and unearned income to deem from a sponsor(s) to a non-citizen client is calculated as follows:
1. The total gross earned and unearned income of the sponsor are added together.
2. The following deductions are subtracted from the total gross income of the sponsor:
A. A deduction for the sponsor equal to the current SSI benefit standard, as defined in Section 3.510, for an individual for the month in which eligibility is being determined; plus,
B. A deduction for the sponsor's spouse living in the same household with the sponsor, equal to one-half the current SSI benefit standard. As defined in Section 3.510, for an individual; or a deduction for the sponsor's spouse, who is also a co-sponsor of the non-citizen, equal to the current SSI benefit standard for an individual; plus,
C. A deduction equal to one-half the SSI benefit standard, as defined in Section 3.510, for an individual for each person who is a dependent of the sponsor (other than the non-citizen client and the non-citizen client's spouse), as defined in Section 3.520.68.B.2.b.1.
3. The difference between the total income and the total deductions is deemed as unearned income to the non-citizen client. This deemed income is added to the non-citizen client's own income to determine the total countable income.
4. The non-citizen client's countable income is compared to the income standard of the Adult Financial program for which the non-citizen client is applying to determine eligibility and/or the grant payment amount.
5. If more than one non-citizen client has the same sponsor, all of the sponsor's income is deemed to each non-citizen client. Do not divide the sponsor's income among the non-citizen clients.

9 CCR 2503-5-3.534

37 CR 13, July 10, 2014, effective 8/1/2014
37 CR 17, September 10, 2014, effective 10/1/2014
38 CR 04, February 25, 2015, effective 3/20/2015
38 CR 04, February 25, 2015, effective 4/1/2015
38 CR 09, May 10, 2015, effective 6/1/2015
38 CR 15, August 10, 2015, effective 9/1/2015
38 CR 23, December 10, 2015, effective 1/1/2016
39 CR 17, September 10, 2016, effective 10/1/2016
40 CR 03, February 10, 2017, effective 2/14/2017
41 CR 05, March 10, 2018, effective 4/1/2018
41 CR 15, August 10, 2018, effective 9/1/2018
41 CR 19, October 10, 2018, effective 11/1/2018
42 CR 01, January 10, 2019, effective 2/1/2019
43 CR 01, January 10, 2020, effective 1/1/2020
43 CR 03, February 10, 2020, effective 3/1/2020
43 CR 11, June 10, 2020, effective 7/1/2020
43 CR 23, December 10, 2020, effective 1/1/2021
44 CR 03, February 10, 2021, effective 3/2/2021
44 CR 13, July 10, 2021, effective 8/1/2021
45 CR 03, February 10, 2022, effective 3/2/2022
45 CR 05, March 10, 2022, effective 4/1/2022
45 CR 13, July 10, 2022, effective 7/1/2022
45 CR 15, August 10, 2022, effective 8/10/2022
45 CR 15, August 10, 2022, effective 8/30/2022
46 CR 01, January 10, 2023, effective 12/10/2022
46 CR 01, January 10, 2023, effective 1/1/2023
46 CR 03, February 10, 2022, effective 3/2/2023