9081.1 Definition "Date of entry" or "Date of admission" means the date established by the Immigration and Naturalization Service as the date the sponsored alien was admitted for permanent residence.
"Sponsor" means a person who executed an affidavit(s) of support or similar agreement on behalf of an alien as a condition of the alien's entry or admission into the United States as a permanent resident.
"Sponsored alien" means an alien for whom a person has executed an affidavit of support [INS Form I-864 or I-864A] on behalf of the alien according to section 213A of the INA.
9081.2 Deeming of Sponsor's Income and Resources DSS will consider the income and resources of the sponsor and the sponsor's spouse towards the sponsored alien only if the sponsored alien is an eligible alien according to DSSM 9007.1. DSS will deem the income and resources of sponsor and sponsor's spouse, if he or she has executed INS Form I-864 or I-864A, as the unearned income and resources of the sponsored alien.
The deeming of the sponsor's income and resources shall continue to apply to an alien until:
The alien has become a United States citizen through naturalization;
The alien is credited with 40 qualifying quarters of coverage during which time the alien did not receive any Federal means-tested public welfare benefit, or
The sponsor dies.
The income and resources of sponsors and sponsor's spouses are deemed as follows:
1. The monthly income of the sponsor and sponsor's spouse deemed to be that of the alien will be the total monthly earned and unearned income (including income exclusions provided for in DSSM 9059) of the sponsor and the sponsor's spouse (if living with the sponsor) at the time the household containing the sponsored alien member applies or is recertified, reduced by: (A) A 20% earned income amount for that portion of the income determined as earned income of the sponsor and the sponsor's spouse.(B) An amount equal to the monthly gross income eligibility limit for a household equal in size to the sponsor, the sponsor's spouse, and any other person who is claimed or could be claimed by the sponsor or the sponsor's spouse as a dependent for Federal income tax purposes.2. If the alien has already reported gross income information on his/her sponsor due to TANF's sponsored alien rules, that income amount may be used for FSP deeming purposes. However, limit the allowable reductions to the total gross income of the sponsor and the sponsor's spouse prior to attributing an income amount to the alien to amounts listed above in #1 in this section.3. Actual money paid to the alien by the sponsor or the sponsor's spouse will not be considered as income to the alien unless the amount paid exceeds the amount attributed to the alien under paragraph 1 above. Only the amount paid that actually exceeds the amount deemed would be considered income to the alien.4. Resources of the sponsor and the sponsor's spouse to be deemed to be that of the alien will be the total amount of their resources as determined in accordance with DSSM 9045 reduced by $1,500.5. If a sponsored alien can demonstrate to the Division's satisfaction that his/her sponsor sponsors other aliens, then the income and resources deemed under the provisions of paragraph 1 and 4 of this Section will be divided by the number of such aliens that apply for or are participating in the program.9081.3 Exempt Aliens The provisions of this Section do not apply to:
1) Children under 18 years of age regardless of when they entered the United States;2) Immigrants whose deeming period had ended;3) Sponsored aliens who are ineligible for food stamps because of immigration status will not have the sponsor's income deemed to other eligible members of the alien's household.4) An alien who is participating in the Food Stamp Program as a member of his or her sponsor's household or an alien whose sponsor is participating in the Food Stamp Program separate and apart from the alien;5) An alien who is sponsored by an organization or group as opposed to an individual;6) An alien who is not required to have a sponsor under the Immigration and Naturalization Act, such as, but not limited to, a refugee, a parolee, one granted asylum, and a Cuban or Haitian entrant.7) An alien whose sponsor has not signed a legally binding affidavit of support, the INS Form I-864-A;8) A battered alien spouse, alien parent of a battered child, or child of a battered alien, for 12 months after a determination is made that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After 12 months, do not deem the batterer's income and resources if the battery is recognized by a court or the INS and had a substantial connection to the need for benefits, and the alien does not live with the batterer;9) An indigent alien that has been determined unable to obtain food or shelter taking into account the alien's own income plus any cash, food, or housing, or other assistance provided by other individuals, including the sponsor(s). Indigent alien determination:
(A) Inquire about sponsored alien status if an alien is a Lawful Permanent Resident (LPR).(B) If the LPR is an eligible sponsored alien, make an indigence determination. An eligible sponsored alien is an alien eligible to receive food stamps according to DSSM 9007.1.
(C) Determine if the eligible sponsored alien's total household income by adding the eligible alien's household's own income, the cash contributions of the sponsor and others, and the value of any in-kind assistance the sponsor or others provide. Accept whatever dollar value, if any, is given for any in-kind assistance provided by the person(s) providing the assistance. In-kind assistance includes, but is not limited to, food, housing, clothing, or transportation.
Compare the total household income as determined above the 130 percent of the poverty income guidelines for the household size.
(D) If the total income does not exceed the 130 percent of the poverty income guidelines for the household size, the alien is indigent. If the alien is indigent, then process the case as normal and deem only the actual amount of the cash support received from the sponsor. The cash support does not include the value of the in-kind assistance.
(E) If the alien is not indigent, then the eligible sponsored alien must provide information on the total amount of the sponsor's income and resources and follow the regular sponsor deeming procedures.(F) If the alien is indigent, only deem the income actually provided to the alien for the period beginning on the date the determination was made and ending 12 months after such date.(G) Each indigence determination is renewable for additional 12 month periods.(H) The names of each eligible sponsored alien determined to be indigent and the sponsor(s) names are to be sent to the Food Stamp Policy Administrator after a determination is made.9081.4 Sponsored Alien's Responsibility The alien is responsible for obtaining the cooperation of his/her sponsor for providing DSS at time of application or recertification with the information and/or documentation necessary to calculate deemed income and resources until the alien becomes a citizen or works 40 qualifying quarters. The alien is also responsible for providing information about other aliens for whom the alien's sponsor has also signed an agreement to support to enable DSS to apply the proration provisions in DSSM 9081.2(E). If such information about other aliens for whom the sponsor is responsible is not provided to DSS, attribute the deemed income and resource amounts to the applicant in their entirety until such time as the information is provided. The alien is also responsible for reporting the required information about the sponsor and sponsor's spouse should the alien obtain a different sponsor during the certification period and for reporting a change in income should the sponsor or the sponsor's spouse change or lose employment or become deceased during the certification period. Handle such change in accordance with the timeliness standards and procedures in DSSM 9085.
9081.5 Awaiting Verification Until the alien provides information or verification needed to calculate deemed income and resources, the sponsored alien is ineligible for benefits. DSS will determine the eligibility of any remaining household members.
The income and resources (excluding the deemed income and resources of the alien's sponsor and the sponsor's spouse) of the ineligible alien will be counted according to DSSM 9076.2.
If the sponsored alien refuses to cooperate in providing information or verification, other adult members are responsible for providing the information or verification required.
Once the information or verification is received, DSS will act on the information as a reported change in household size according to DSSM 9085.
If the same sponsor is responsible for the entire household, the entire household is ineligible until the household provides the needed sponsor information or verification.
DSS will assist aliens in obtaining verification.
9081.6 Demands for Restitution Exclude any sponsor who is participating in the Food Stamp Program from a demand made under 8 CFR 213a.4(1) [Affidavit of Support on Behalf of Immigrants] for the value of food stamp benefits issued to an eligible sponsored alien he or she sponsors.
16 Del. Admin. Code § 9000-9081