N.J. Admin. Code § 10:69-10.43

Current through Register Vol. 56, No. 17, September 3, 2024

Section 10:69-10.43 - Eligibility of sponsored aliens and deeming of sponsor's income to a sponsored alien

(a) The income of an alien's sponsor shall be deemed to be unearned income of an alien applying for AFDC-related Medicaid. Deeming continues until the earlier of naturalization of the immigrant or the immigrant's being credited with 40 quarters of Social Security coverage. Such quarters do not include any quarters after December 31, 1996 in which the immigrant or the immigrant's spouse/parent on whose record the immigrant is credited with quarters receives Federal means tested benefits. For purposes of this section, a sponsor is an individual, a public or private agency or organization who executed a legally binding affidavit of support on behalf of an alien (who is not the child of the sponsor or the sponsor's spouse) as a condition of the alien's entry into the United States. No income shall be deemed from a sponsor who is (or whose spouse is) receiving AFDC-related Medicaid or SSI.

1. These deeming provisions do not apply to any alien who is:

i. Admitted as a conditional entrant refugee to the United States as a result of the application of the provision of section 203(a)(7) (in effect prior to April 1, 1980) of the Immigration and Nationality Act;

ii. Admitted as a refugee to the United States as a result of the application of the provisions of section 207(c) (in effect after March 31, 1980) of the Immigration and Nationality Act;

iii. Paroled into the United States as a refugee under section 212(d)(5) of the Immigration and Nationality Act;

iv. Granted political asylum by the Attorney General under section 208 of the Immigration and Nationality Act;

v. A Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980 ( Public Law 96-422);

vi. An Amerasian admitted under Section 584 of the Foreign Operation Appropriations Act beginning March 20, 1988; or

vii. Battered immigrants or those who would be indigent, defined as unable to obtain food or shelter without assistance, because their sponsors are not providing adequate support.

(b) The amount of income of a sponsor that shall be deemed to be the unearned income of an alien shall be determined as follows:

1. The sponsor's total monthly wages, salaries, and net earnings from self-employment (and that of his or her spouse if living with the sponsor) shall be reduced by 20 percent (not to exceed $ 175.00);

2. The amount determined in (b)1 above shall be added to the unearned income of the sponsor (and that of his or her spouse if living with the sponsor);

3. The amount determined in (b)2 above shall be reduced by the following:

i. The appropriate amount from the standard of need (N.J.A.C. 10:69-10.2) for the sponsor, spouse, and other persons residing in his or her household who are or could be claimed by the sponsor as dependents for determination of Federal personal income tax liability and who are not beneficiaries of AFDC-related Medicaid;

ii. Any amounts actually paid by the sponsor or sponsor's spouse to people not living in the household who are or could be claimed by them as dependents to determine their Federal personal income tax liability; and

iii. Actual payments of alimony or child support with respect to individuals not in the household; and

4. The remaining amount shall be deemed to the alien and shall be counted as unearned income in the determination of eligibility and grant amount.

(c) In any case where a person is the sponsor of two or more aliens, the income of the sponsor (and the sponsor's spouse if living with the sponsor), to the extent the income would be deemed to any one of the aliens under the provisions of this section shall be equally divided among the sponsored aliens.

(d) For the period of alien sponsor deeming, the sponsored alien who is not exempt from deeming under (a)1 above shall provide the CWA with any information and documentation necessary to determine the income of the sponsor and the sponsor's spouse (if applicable and if living with the sponsor) that can be deemed available to the alien, and obtain any cooperation necessary from the sponsor.

1. If the alien's circumstances change during the deeming period such that the alien is no longer exempt from or subject to deeming in accordance with (a)1i through vi above, the CWA shall reflect the resulting change in unearned income in the eligibility determination.

2. A sponsored alien is ineligible in any month in which adequate information concerning the income and of the sponsor or sponsor's spouse (if living with the sponsor) is not provided.

3. Unsponsored family members are not ineligible if a sponsored alien fails to provide information concerning the sponsor or sponsor's spouse (if living with the sponsor). However, any income the unsponsored family members actually receive from the sponsor shall be reported and considered in determining their eligibility.

(e) Income which is deemed to an alien shall not be considered in determining the need of other unsponsored members of the alien's family except to the extent the income is actually available. The sponsor's obligatory contribution shall not exceed the per capita share of the eligible unit's adjusted allowance for the alien(s) for whom the sponsor is liable.

(f) Any individual sponsor of an alien, and the alien, shall be jointly and severally liable for any incorrectly paid AFDC-Medicaid benefits made to the alien during the alien sponsored deeming period that was caused by the sponsor's failure to provide correct information under the provisions of this section, except as provided in (f)1 below.

1. When a sponsor is found to have good cause or to be without fault for not providing information to the CWA, the sponsor shall not be held liable for a recovery of incorrectly paid benefits.

i. Good cause is defined as including, but not limited to, a language barrier, mental impairment of the sponsor, the information was thought to be correct by the sponsor, or the sponsor did not realize foreign assets must be reported.

2. Incorrectly paid benefits for which the alien or the sponsor and the alien are liable as described in (f) above shall be recovered in accordance with the provisions of N.J.A.C. 10:49-14.

N.J. Admin. Code § 10:69-10.43

Amended by 49 N.J.R. 3729(a), effective 12/4/2017