DPSS ePolicy

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

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:
 

Some of the Most Common Multiple Deeming Situations 

1. 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.
   
   
2. 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.
   
   
3. 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. 
   
   
4. 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.
   
   
5. 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.
   
   
6. 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:

1. 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.
         
2. 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:

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

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

Indigence Exception and Redetermination 

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

1. 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. 
   
   
2. 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).
    

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. 

N/A

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:

1. 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).  
   
   
2. The income and resources of the applicant’s/participant’s spouse (if living together) or parents (if living with the minor applicant/participant); and 
   
   
3. 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. 

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:

1. Failure to respond to EW’s request for completion of SOC 860;
   
   
2. Failure to provide proof of earnings or other verifications requested by the EW;
   
   
3. 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
   
   
4. 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. 

N/A