A Parental Deeming

Revised 06/08/2017

Policy

This policy only applies to the ALTCS Acute, SSI-MAO and MSP programs.

When determining eligibility for a child under the age of 18 who lives with one or more ineligible parents, a portion of the income of the ineligible parent or parents is deemed to be the income of the child.

NOTE     Income is only deemed to the child for the net income test. Income is not deemed from a parent for the ALTCS gross income test.

Only counted income types are included when deeming income. Along with the income types listed as excluded in MA606, the following income types are also excluded when deeming income from an ineligible parent to a child:

• Income received by the ineligible parent that was counted to determine the amount of a public benefit based on need. Such benefits include Cash Assistance, Tuberculosis Control and payments based on need provided by the VA or the Refugee Act of 1980; and

• Income received by the ineligible parent from a Federal, State or local government program to provide the customer with chore, attendant or homemaker services.

 

When calculating the amount to be deemed to a customer-child from an ineligible parent, the following deductions may be allowed:

• A deduction for child support paid under the terms of a court order or as enforced by the Division of Child Support Services (MA609.B.1);

• The Student Earned Income Exclusion (MA609.B.2);

• Infrequent or Irregular Income Exclusion (MA609.B.9)

• Child allocations (MA609.B.8);

• The $20 general deduction (MA609.B.3);

• The $65 standard work expense (MA609.B.4);

• Impairment Related Work Expenses (MA609.B.5);

• One-half remaining earned income deduction (MA609.B.6); or

• Blind Work Expenses (MA609.B.7).

 

Definitions

Term	Definition
Child	Means a person who: Is not married (including divorced); and Is under age 18; or For child allocation deductions only, is under age 22 and is a student regularly attending a school, college or university, or a course of vocational or technical training to prepare for gainful employment.
Deeming	Deeming is the process of considering the income of a person to be available to the customer, whether or not that income is actually given to the customer.
Ineligible Parent	A natural or adoptive parent, swho is NOT receiving SSI-Cash benefits, ALTCS, Freedom to Work, MSP or SSI-MAO.

 

Legal Authority

Program	Legal Authorities
ALTCS Acute SSI-MAO Medicare Savings Program (MSP)	20 CFR 416.1160 20 CFR 416.1161(a) 20 CFR 416.1165 42 CFR 435.601