Section He-W 654.10 - Deemed Income from a Non-citizen's Sponsor(a) Real property resources, vehicles, and non-essential household items of a non-citizen's, formerly referred to as an alien's, sponsor and sponsor's spouse shall not be deemed available to a sponsored non-citizen.(b) When there are unsponsored members in a non-citizen's assistance group, the deemed income from the sponsor shall be compared to a standard of need that applies only to the sponsored non-citizens.(c) The standard of need applicable to the sponsored non-citizens shall be computed in accordance with He-W 658.01, as follows: (1) The sponsored non-citizens' prorated share of the shelter needs allowance shall be determined;(2) The basic maintenance needs allowance applicable to the number of sponsored non-citizens in the assistance group shall be determined; and(3) The sum of the amounts in (1) and (2) above shall equal the standard of need for the sponsored non-citizens.(d) If the deemed income added to the sponsored non-citizens' other income exceeds the special standard of need, the sponsored non-citizens shall be ineligible.(e) If the sponsored non-citizens are determined ineligible, the proration process in (c) above shall be used to determine the standard of need and eligibility for the unsponsored non-citizens.(f) If the sponsored non-citizens are determined eligible, eligibility for the entire assistance group shall be computed using the standard of need appropriate for the whole group and all income including the deemed income from the sponsor.(g) In accordance with 45 CFR 233.52, good cause for not providing sponsor information to the department shall exist when the sponsor provided accurate information to the non-citizen and the non-citizen misinterpreted or misrepresented the information when applying for financial and/or medical assistance.N.H. Admin. Code § He-W 654.10
(See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5530, eff 12-16-92; ss by #6865, eff 10-3-98; ss by #8684, eff 7-21-06
Amended byVolume XXXV Number 01, Filed January 8, 2015, Proposed by #10743, Effective 12/12/2014, Expires12/12/2024.The amended version of this section by New Hampshire Register Number 37, eff. 8/16/2024 is not yet available.