49-037 Sponsor Deeming

Release Date

07/20/2020

Section Heading

Purpose

To convert existing policy to new writing style only - No concept changes

Policy

Sponsor deeming refers to considering the income and resources of the sponsor in determining the immigrant’s eligibility for government benefit programs. Immigrants who come to the United States (U.S.) under the support of sponsors—whether a family member or any other person who signs a legally enforceable United States Citizenship and Immigration Services (USCIS) Affidavit of Support—are subject to sponsor deeming.

The Sponsor Deeming rule applies when determining eligibility for Cash Assistance Program for Immigrants (CAPI) benefits, regardless of whether or not the sponsor provides the applicant/participant with any support. Sponsor deeming applies to both the basic CAPI and extended CAPI benefits (refer to 49-010: Eligibility for CAPI).

Generally, if the applicant/participant resides with the sponsor, the income and resources of an applicant’s/participant’s sponsor, including the income and resources of the sponsor’s spouse, are deemed to the applicant/participant based on the following:

Basic CAPI

Indefinitely until one of the following occurs:

The sponsor dies;
The applicant/participant becomes citizen of the U.S.; or
The applicant/participant is credited with 40 qualifying quarters of earnings as a Lawfully Admitted Permanent Resident (LAPR).

Extended CAPI

Ten years from the date of the sponsor’s completing the affidavit or the date of the CAPI applicant’s/participant’s arrival to U.S., whichever is later.

Some of the Most Common Multiple Deeming Situations

Deeming from more than one sponsor:
If an applicant/participant is sponsored by more than one person (other than two sponsors who are married to each other and living together), deeming rules are applied separately to the income of each sponsor to find out the total income deemable to the applicant/participant.
Deeming from both a sponsor and an ineligible spouse or parent:
If an applicant/participant has a sponsor and has an ineligible spouse or parent who is not the sponsor, both the sponsor-to-alien and spouse-to-spouse (or parent-to-child) deeming rules apply.
Sponsor who sponsors two or more CAPI applicants/participants:
If a sponsor has sponsored two or more applicants/participants, none of whom are the spouse or the child of the sponsor, then the sponsor’s income is deemed to each sponsored applicant/participant.

Note: The sponsor’s income is not divided among the CAPI applicants/participants. The SOC 454, Sponsor to Alien Deeming worksheet will be used to calculate the amounts to be deemed from the sponsor to the CAPI applicant/participant.
Only an ineligible spouse of a couple is sponsored:
If only the ineligible spouse of a couple is sponsored, sponsor-to-applicant/participant deeming does not apply to either spouse.
Both members of an eligible couple have same sponsor:
If both members of an eligible couple have the same sponsor, the sponsor’s income is deemed to each member.
Each member of an eligible couple has a different sponsor:
If each member of an eligible couple has a different sponsor, each sponsor’s income is deemed to the proper member. The couple’s income includes the sum of their income amounts.

Sponsor Deeming Exemption

When an applicant/participant has a sponsor, the income and resources of the sponsor are counted as if belonging to the applicant/participant. If an applicant/participant is no longer being provided with support by their sponsor, and as a result, the applicant/participant is unable to provide themselves with both shelter and food, the applicant/participant may be eligible for an indigence exception to the sponsor deeming rules. In that case, an applicant/participant whose sponsor’s income would exceed the CAPI income limit may be eligible for a suspension of sponsor deeming. This would enable the applicant/participant to receive CAPI benefits.

Sponsor deeming does NOT apply under either basic or extended CAPI when one of the following occurs:

New Affidavit of Support - USCIS Form I-864

(Completed and signed by the sponsor, which was filed on or after December 19, 1997)
1. Sponsor dies.
2. CAPI applicant:
  - Becomes a naturalized U.S. citizen;
  - Is credited with 40 quarters of Social Security coverage;
  - Is a victim of abuse and living in a different household than the abuser; or
  - Meets the requirements for the indigence exception.
Old Affidavit of Support - USCIS Form I-134

(Completed and signed by the sponsor, which was filed before December 19, 1997)
1. Sponsor dies.
2. CAPI applicant:
  - Resides in the U.S. for three years since the date of admission for permanent residence;
  - Becomes blind or disabled after admission to U.S.;
  - Is not a LAPR; or
  - Is a victim of abuse by a sponsor or sponsor’s spouse.

Indigence Exception

Indigence exception applies when sponsor-deeming will result in:

Denial, suspension or cut of CAPI benefits; and
Inability to obtain both food and shelter.

Note: The sponsor-deeming does not apply during the 12-month period of indigence exception.

Indigence Exception Does Not Apply When One of the Following Occurs:

CAPI applicant:

Lives with their sponsor; or
Lives with someone other than the sponsor and receives free room and board.

Conditions/Requirements for Indigence Exception:

Sponsor-deeming results in denial, suspension, or cut of CAPI benefits, and

The CAPI applicant/participant is unable to obtain both food and shelter; and
The CAPI applicant/participant has signed the SOC 809, CAPI Indigence Exception Statement; and
The Eligibility Worker (EW) verifies the indigence exception applies based on information and verification provided by the applicant/participant and sponsor(s).

Indigence Exception and Redetermination

The expiration of the indigence exception will not always coincide with the CAPI redetermination period.

Indigence Exception Period
An indigence exception applies for a full 12-month period (including nonpayment months). After 12 months, sponsor deeming will once again apply unless a new indigence exception has already been granted. The SOC 809 must be completely redone at each CAPI eligibility redetermination in a case where the indigence exception applies.
Redetermination Period
A participant’s eligibility for CAPI must be redetermined within 12 months of the participant’s first benefit payment date and within each succeeding 12-month period. A CAPI eligibility redetermination should be made sooner if the department is made aware of a change in the CAPI participant’s circumstances (e.g., increase in available resources, change in living situation, or inter-county transfer).

Background

In accordance with the All-County Letter (ACL) No. 02-63 dated August 29, 2002, Sponsor Deeming refers to the requirement that a sponsor’s income and resources be considered as belonging to the CAPI applicant/participant regardless of whether or not income of the sponsor is available to the applicant/participant. It does not provide for any exception when the sponsor abandons their duty to support the applicant/participant. In addition, if two different deeming rules could apply because the applicant’s/participant’s sponsor is also their ineligible spouse or parent of a minor child, the Spouse-to-Spouse or Parent-to-Child deeming rules would apply.

Definitions

N/A

Requirements

SOC 860, Sponsor’s Statement of Facts: Income and Resources

The California Department of Social Services (CDSS) made the SOC 860 form for non-indigence exception cases to help with the evaluation of the sponsor’s income and resources. The SOC 860 is completed by the sponsor(s) and not by the CAPI applicant/participant. But a sponsored applicant/participant is responsible for ensuring completion by each of their sponsor and submission in a timely manner.

Note: The SOC 860 does not apply to a non-sponsored applicant. Also, in all CAPI indigence exception cases, the SOC 860 and verification of the sponsor’s income and resources otherwise captured in the SOC 860, will not be required.

Applicant’s/Participant’s Countable Income and Resources

The total gross income and available resources counted to determine whether the applicant/participant is unable to obtain food and shelter consist of:

All applicant’s/participant’s own income (including income normally excluded such as General Relief and CalFresh) and resources (including liquid resources normally excluded such as burial funds) (refer to 49-040: Resources).
The income and resources of the applicant’s/participant’s spouse (if living together) or parents (if living with the minor applicant/participant); and
Any cash, food, housing, or other assistance provided by other persons or agencies (including the sponsor’s).

Note: All CAPI applicants applying for the indigence exception must complete and sign a SOC 809. Also, all CAPI participants must complete and sign a SOC 809 at each redetermination to continue to receive the deeming exception.

Sponsor’s Income and Resources Information for Non-Indigence Exception Cases

The applicant/participant is responsible for getting the sponsor’s cooperation in making and documenting the sponsor’s income and resources so an indigence exception determination can be made by the assigned worker to apply the sponsor-deeming rules.

The CAPI applicant/participant must provide a completed and signed SOC 860 and all supporting documentation, including the sponsor’s pay stubs or other proof of earnings during application or annual redetermination.

Note: The EW may request additional documentation to verify the sponsor's claims, if the documentation provided is questionable.

If a Sponsor Cannot Be Located or Leaves the U.S., Then...

The applicant/participant must obtain evidence of the sponsor’s income and resources.

If the Applicant/Participant Does Not Provide the SOC 860, Then...

Their CAPI application will be denied or CAPI benefits will be suspended/stopped (refer to 49-060: Benefits Suspensions and Terminations), unless, they have requested the indigence exception.

Applicant's/Participant's Failure to Cooperate

In a non-indigence exception case, a sponsored applicant’s/participant’s failure to help with the EW’s efforts to obtain current income and resources information may take many forms, including:

Failure to respond to EW’s request for completion of SOC 860;
Failure to provide proof of earnings or other verifications requested by the EW;
Incomplete SOC 860s, including sponsor statements of refusal to support the applicant/participant that are not accompanied by the sponsor’s income and resources information; and/or
Sponsor’s statements indicating refusal to cooperate with the EW.

In such cases, the CAPI application will be denied or the CAPI benefits will be suspended/stopped (refer to 49-060: Benefits Suspensions and Terminations) unless, applicant/participant has requested the indigence exception.

Verification Docs

For Applicants/Participants:

Documents verifying statements made on SOC 814, CAPI Statement of Facts, such as paystubs, bank statements, tax records, rental receipts, proof property ownership, etc.;
Documents verifying statements made on SOC 804; and
Documents verifying statements made on SOC 809 (pay stubs, bank statements, tax records, rent receipts, proof property ownership, etc.).

For Sponsors:

Documentation verifying statements made on SOC 860 (pay stubs, bank statements, tax records, rent receipts, proof of property ownership, etc.); or
Signed affidavit/statement in lieu of missing documents (pay stubs, bank statements, tax records, rent receipts, proof of property ownership, etc.).

Procedures

Administrative Release

Number: 5787

Date: July 20, 2020

Sponsor Deeming Period

To accurately deem the income and resources of the sponsor to a CAPI applicant/participant, the EW must know how much income and resources the sponsor has. The deeming period starts from the date the sponsor signed the Affidavit of Support or the date of the immigrant’s lawful date of entry into the U.S., whichever is later.

Note: Deeming does not apply to Permanent Residence Under Color of Law (PRUCOL) applicants/participants who entered the U.S. on or after August 22, 1996, and do not have a sponsor.

Common Scenarios Related to Sponsor Deeming

The following are scenarios that EWs may encounter when processing cases for sponsor deeming:

The sponsor has zero income and resources and unable to support the applicant/participant, the EW must:
1. Deem the sponsor’s income and resources to the applicant as zero.
2. Update the sponsor’s information during annual redetermination (or sooner if the EW becomes aware of a change in the sponsor’s circumstances during the year).
  
  Note: The applicant/participant may meet the CAPI income eligibility requirements, but not be qualified for indigence exception because deeming the sponsor’s income will not result in the denial, suspension, or reduction of CAPI benefits.
The sponsor has substantial income, but provides little or no support to the applicant/participant and deeming would result in denial, suspension or reduction of CAPI benefits, the EW must:
1. Suspend sponsor deeming;
2. Review the SOC 809 to determine overall income and resources of the applicant/participant for possible eligibility for indigence exception; and
3. Not accept any non-credible or conflicting information from the applicant/participant. Submit a welfare fraud investigation request, if needed.
The sponsor stopped supporting the applicant/participant less than 12-months after the approval of CAPI benefits, the EW must:
1. Initiate the annual redetermination process immediately; and
2. Update the sponsor’s information as soon as they become aware of a change in the sponsor’s circumstances during the year, as part of the CAPI redetermination process.
The applicant/participant is living apart from their sponsor and not receiving free food and shelter, the applicant/participant shall be considered unable to obtain food and shelter if their:
1. Total gross income from all sources is less than Supplemental Security Income/State Supplementary Payment (SSI/SSP) individual rate (if single) or couple rate (if living with spouse); or
2. Resources are less than the applicable CAPI resources limit.

Note: When a sponsored applicant/participant who is within the ten-year CAPI sponsor deeming period fails to request the indigence exception, the EW must offer the applicant/participant the opportunity to complete and sign the SOC 809 to request the indigence exception. If the applicant/participant declines this offer; the EW must create a Journal entry to document the offer and refusal on the case.

I. Non-Indigence Exception Cases

Eligibility Worker (EW) Must:

Give/mail the SOC 860 to the CAPI applicant/participant and mail the SOC 860 to their sponsor(s) through certified mail; however, the sponsor(s) must be the one to complete the SOC 860. Sending the SOC 860 via certified mail maintains and provides a record of the form being sent to the sponsor(s) if they declare they have never received mail related to the CAPI applicant’s/participant’s case.

Note: A copy of the SOC 860 must be given/mailed to the CAPI applicant/participant to ensure the sponsor receives the form if the applicant/participant is able to provide the form in person to their sponsor(s) or if the SOC 860 does not arrive in the mail to the sponsor’s listed address.
Obtain the completed SOC 860 or equivalent statement/affidavit completed and signed by applicant’s/participant’s sponsor(s) along with supporting documents (such as pay stubs, other proof of earnings, termination of employment, etc.).
Not accept any SOC 860 that has been completed by the applicant/participant.
Notify the sponsor of any missing information/documentation.

Failure to Complete and Return the SOC 860

When the sponsor(s) of a CAPI applicant/participant fails to complete and return the SOC 860 during the first ten calendar days, the EW must:
1. Resend the SOC 860 to the sponsor(s) and applicant/participant with a second notice to complete and return within ten calendar days;
2. Contact the sponsor and/or CAPI applicant/participant to request the completed SOC 860 or equivalent statement that provides all information requested on SOC 860, along with relevant supporting documents; and
3. Deny the CAPI application or suspend CAPI eligibility payment if any of the applicant’s/participant’s sponsors fail to return the completed SOC 860 within 30 calendar days from the time of the first request (refer to 49-060: Benefits Suspensions and Terminations).
Undeliverable Mail Resources

When the mailed SOC 860 is returned as undeliverable from the U.S. Postal Service, the EW must ask the applicant/participant for their sponsor’s current address:
1. If the sponsor’s correct current address is available, the EW must:
  1. Mail a SOC 860, along with instructions to complete, to the sponsor and restart the process.
  2. Give the sponsor ten calendar days to return the completed and signed SOC 860;
  3. If SOC 860 was not received within ten calendar days, send another SOC 860 to the sponsor, as well as, the applicant/participant along with a second notice to comply within ten calendar day; and
  4. If SOC 860 was not received within ten calendar days (a total of 20 calendar days from the first request):
    - Deny the CAPI application or suspend CAPI eligibility and payment within 30 calendar days (refer to 49-060: Benefits Suspensions and Terminations); and
    - Send the appropriate Notice of Action.
2. If the sponsor’s current address is not available or whereabouts are unknown, the EW must:
  1. Contact USCIS and submit the USCIS G-845 Supplement, Document Verification Request Supplement form, to request for the sponsor’s current address;
  2. If the USCIS provided a different sponsor’s name and/or address, mail a SOC 860, along with instruction to complete, to sponsor using the address given by USCIS, and restart the process as described above; and
  3. If the USCIS provided the same sponsor name and/or address, or no response is received from USCIS within 30 calendar days:
    - Consider the sponsor’s whereabouts as unknown; and
    - Accept the applicant’s/participant’s statement reported on their SOC 809, if it is credible and does not conflict with other information on file.

SOC 454, Sponsor-to-Alien Deeming Worksheet

After the sponsor’s income and resources information has been obtained and verified, the EW may use the SOC 454 to calculate amounts to be deemed from the sponsor to the CAPI applicant/participant (refer to Forms Manual Letter: SOC 454).

II. Indigence Exception Cases

During the CAPI application and redetermination process,

EW must:

Inform the applicant/participant that they may be potentially eligible for the indigence exception, if they are sponsored;
Provide the SOC 809 to the applicant/participant requesting the indigence exception;
Review the SOC 809 completed and signed by the applicant/participant; and
Use the SOC 813, CAPI Indigence Exception Determination form to evaluate and determine applicant’s/participant’s eligibility for indigence exception.

The EW should no longer count housing subsidies and CalFresh as income under item 2 of “Section B: Monthly Income” on the SOC 813 form. The EW should also reassess and reverse any denials for CAPI benefits based solely on the inclusion of housing subsidies and CalFresh that were issued on or after June 24, 2020.

In addition, the requirement to not count housing subsidies and CalFresh as income when determining indigence exception for CAPI shall apply to any administrative hearing or rehearing within the jurisdiction of the CDSS State Hearings Division.

EW Must Not:

Send the SOC 860 to the applicant/participant or to the sponsor(s) if the indigence exception is requested.
Deny or terminate CAPI application/benefits solely due to the applicant’s/participant’s failure to cooperate with the completion of or verification of information otherwise contained in the SOC 860.

Indigence Exception for Sponsored Applicants in Extended CAPI

Sponsored applicants approved for extended CAPI program under an indigence exception should be transferred by an EW to the basic CAPI program, whenever one of the following occurs:
1. Has a sponsor who is deceased or disabled; or
2. A victim of abuse by the sponsor or sponsor’s spouse.
Evaluation of Requests for Indigence Exception to Sponsor Deeming Rule

A new SOC 813 must be completed and signed at each indigence exception redetermination. The expiration date of the SOC 813 is 12 months from the date the EW completes and signs the SOC 813 form (refer to Forms Manual Letter: SOC 813).

Responsible Staff and Activity

Provide the SOC 809 to the applicant/participant requesting the indigence exception.
Review the SOC 809 and relevant supporting documents to determine the amount of income and all resources the CAPI applicant/participant has.
Contact the sponsor to confirm the applicant’s/participant’s statements regarding the amount of income and resources the sponsor provides or makes available to them.
Complete and sign the SOC 454 to determine whether the sponsor could provide support to the CAPI applicant/participant.
Complete and sign the SOC 813 and determine whether the CAPI applicant/participant is eligible for the indigence exception.
Submit the SOC 813, SOC 454, and SOC 809 along with all supporting documents/verification for approval of the EW’s decision (whether the CAPI applicant/participant eligible for indigence exception) to the Eligibility Supervisor (ES).

Thoroughly review all the required indigence forms (SOC 813, SOC 809, and SOC 454) and other supporting documents.
Return incomplete/inaccurately completed SOC 813 to respective EW for proper completion/re-evaluation of indigence exception.
If complete, submit the reviewed SOC 813 along with SOC 809, SOC 454, and other relevant supporting documents to the CAPI Deputy Director.
Inform the EW of the decision made by the CAPI Deputy Director.

CAPI Deputy Director

Review all the required indigence forms (SOC 813, SOC 454, and SOC 809) and other supporting documents.
Return incomplete/inaccurately completed SOC 813 to respective ES for proper completion/re-evaluation of indigence exception.
Forward only the correctly completed SOC 813 to the CAPI Program Analyst.

CAPI Program Analyst

Review the SOC 813.
Return incomplete/inaccurately completed SOC 813 to CAPI Deputy Director for proper completion/re-evaluation of indigence exception.
Forward indigence forms to CDSS via APDPICAPSOC813@dss.ca.gov.
Mail completed SOC 813 to USCIS.

Forms

SOC 454, Sponsor to Alien Deeming Worksheet

SOC 804, Statement of Facts for Determining Continuing Eligibility for CAPI

SOC 809, CAPI Indigence Exception Statement

SOC 813, CAPI Indigence Exception Determination

SOC 814, Statement of Facts CAPI

SOC 860, Sponsor’s Statement of Facts: Income and Resources

Examples

Scenario I

Mrs. Trent, an applicant whose sponsor has executed a New Affidavit, alleges during her initial CAPI interview on October 10, 2016, that her sponsor gives her only $350 per month in cash and no other support. Mrs. Trent lives alone. The sponsor verifies her allegation. EW determines that the criteria for the indigence exception are met because she doesn’t live with her sponsor, does not receive free room and board from anyone else, and her income is less than the SSI/SSP rate. Effective November 2016, her first month of eligibility, deeming is suspended for 12-months and her income of $350 is used to calculate her CAPI benefit amount.

Scenario II

Six months ago, an applicant’s sponsor (within the ten-year deeming period) lost their job and has been unable to find another. The sponsor has now zero income and resources. The sponsor no longer provides any support to the applicant, rendering the applicant unable to provide themselves with food and shelter.

EW deems the sponsor’s income and resources to the applicant as zero. As a result, the EW finds that the applicant meets CAPI income eligibility requirements. However, although the applicant has been rendered indigent, this is not an indigence exception because deeming the sponsor’s income (zero) to the applicant will not result in the denial, suspension or reduction of CAPI benefits.