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Does the income of an immigrant’s sponsor count?

 

There is no counting or "deeming" of a sponsor's income to legal permanent residents seeking benefits. "Deeming" involves counting income from a source, such as sponsor, that is not actually received by the LPR but is assumed available. There is also no deeming of sponsor income in TAFDC, EAEDC or MassHealth.

It is important to note that any financial support you actually receive from the sponsor for living expenses, including vendor payments, is counted and treated as unearned income in calculating your benefits. 106 C.M.R. § 363.230 (C)(2). For example, if your sponsor provides you with $500 per month in income, DTA will calculate your SNAP/food stamp benefits counting $500 of unearned income.

There is an exception to this sponsor deeming rule. DTA will count sponsor income when a household member is sanctioned for failure to comply with the SNAP/food stamp work rules, the TAFDC monthly reporting rules, or has committed fraud (intentional program violation). 106 C.M.R. § 362.270.

 

Additional Policy Guidance on Sponsor Income
Additional Policy Guidance on Sponsor Income
  • No sponsor deeming for EAEDC and TAFDC recipients, nor for SNAP/food stamps "categorically eligible households" unless household is under sanction for violation of work rules, intentional program violation or failure to comply with TAFDC monthly reporting rules.  DTA Field Operations Memo 2008-65 (Dec. 9, 2008)

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Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute
Last updated January 2011


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