E-7200, When Deeming Procedures Are Not Used

Revision 16-3; Effective September 1, 2016

The following exceptions apply to deeming of income:

  • If the individual's spouse, parent or parent's spouse is a member of a TANF group, the income of the spouse, parent or parent's spouse is not deemed to the individual.
  • All income used to determine eligibility for assistance based on need is excluded for deeming purposes. For example, if the individual's spouse, parent or parent's spouse is a member of a TANF group or is eligible for SSI, that individual's income is not deemed to the individual. Note: Most VA pensions are based on need. See Section E-4311, VA Pensions.
  • In certain Home and Community-Based Services waiver programs, an ineligible spouse's or parent(s)'s income is not deemed to an individual.
  • Deeming does not apply when an eligible individual and ineligible spouse are living in an institution, even when they are sharing a room. Deeming does apply in non-institutional care situations, such as adult foster care and personal care facilities, if payment for care does not include payment for medical services and/or supplies.
  • If an ineligible spouse or parent becomes eligible, discontinue deeming beginning with the month the spouse or parent becomes eligible.
  • If spouses separate or divorce, discontinue deeming beginning with the first of the month following the month of the event.
  • If an ineligible parent(s) or child no longer lives in the same household, discontinue deeming beginning with the first month following the month in which either the parent(s) or child leaves the household.
  • When a child attains age 18, discontinue deeming in the month following the month the child attained age 18.
  • When an ineligible spouse or parent(s) dies, discontinue deeming beginning with the month following the month the spouse or parent(s) died.