1632 Budgeting the Income and Resources of a Sponsored Alien | TANF

Georgia Division of Family and Children Services
TANF Policy Manual

Policy Title:

Budgeting the Income and Resources of a Sponsored Alien

Effective Date:

October 2024

Chapter:

1600

Policy Number:

1632

Previous Policy Number(s):

MT 52

Updated or Reviewed in MT:

MT-78

Requirements

An alien lawfully admitted in the US for permanent residence under an agreement with a sponsor must have the income and resources of the sponsor considered in determining eligibility for TANF benefits.

Basic Considerations

A sponsor is a person or an organization that executes an affidavit of support on behalf of the alien as a condition of the alien’s entry into the US.

The income of a sponsor or the spouse of a sponsor is considered in determining the financial eligibility and benefit amount of the AU.

Refer to Section 1310 Citizenship/Alienage eligibility requirements of an alien.

The law requires deeming the income of the immigrant alien’s sponsor or the sponsor’s spouse as available to the immigrant/alien. 1996 welfare and immigration laws require deeming the sponsor’s income for 10 years, that is, until the alien has credit for 40 quarters.

Aliens Exempt from the Deeming Process

Exempt the following aliens from the deeming process:

aliens granted temporary parole by the Attorney General
aliens granted political asylum
aliens granted status as conditional entrant
aliens admitted as refugees
Cuban or Haitian entrants
aliens admitted as Amerasians and those authorized to accompany them.
aliens whose sponsors receive SNAP, TANF or SSI

TANF AU Composition

Include the following individuals in the AU:

dependent child(ren) for whom assistance is requested, including any minor siblings, half siblings and married minor siblings who meet legal alien requirements
the caretaker who meets legal alien requirements
any other eligible adult who meets legal alien requirements.

Verifications

Request and verify the following information from a sponsored alien:

the alien’s date and place of birth and the alien registration number
the date of alien’s entry or admission as a lawful permanent resident in the US name, address and phone number of the sponsor.
the number of dependents (for federal income tax purposes) of the sponsor
income and resources of the alien’s sponsor
income and resources of the sponsor’s spouse (if living together)
names or other identifying information of all aliens for whom the sponsor has signed an affidavit of support.

Procedures

Complete a budget to determine the amount of income to deem to the alien’s AU. Follow the steps below:

Step 1	Determine the gross earned income of the sponsor and the sponsor’s spouse. The spouse’s income is considered even if the marriage occurs after the affidavit of support is executed.
Step 2	Deduct from the gross earned income (wages, salaries or net earnings from self–employment) 20% of the total of such amounts.
Step 3	Add any countable unearned income to the income in step 2.
Step 4	Determine the number of individuals living in the home with the sponsor, who are, or can be claimed as federal tax dependents. Exclude TANF recipients or sanctioned individuals in this count.
Step 5	Subtract the Standard of Need (SON) for the number of individuals in step 4 from the income in step 3.
Step 6	Determine the amount paid by the sponsor to the individual living outside the home, which are or can be claimed as federal tax dependents.
Step 7	Subtract this amount from the income in step 4.
Step 8	Deduct any amount paid by the sponsor and/or spouse of the sponsor for child support or alimony to individuals living outside the home. (This does not have to be court ordered but must be verified.)
Step 9	If a surplus exists, deem this amount to the TANF AU as unearned income. If a deficit exists, do not deem any income from the sponsor to the alien’s AU.

Follow the steps below to determine the amount of resources to apply to the alien’s AU:

Step 1	Determine the amount of countable resources of the sponsor and the sponsor’s spouse using TANF rules and policy regarding resources.
Step 2	Deduct $1500.00 from the sponsor’s total countable resources.
Step 3	Add the balance from step 2 of the sponsor’s resources to the alien’s countable resources.
Step 4	Compare to the resource limit.

The following IF-THEN chart describes situations of sponsored aliens and the appropriate applicable policy of the TANF program:

Chart 1632-1

Chart 1632.1 - Sponsored Aliens
IF	THEN
The alien is sponsored by a public or private organization	The alien is ineligible for five years from the date of entry into the US unless the agency or organization is one of the following: no longer in existence lacking the financial resources to meet the alien’s needs. Verify by one of these: public records financial statement of the organization affidavit of a person in a position to know the agency affairs (board chairman, financial officer etc.) Refer to Chart 1310.1 in the policy manual to determine the alien’s status category.
The sponsor also sponsors other aliens,	divide the total income and resources to be deemed from the sponsor by the number of alien AU members applying for or receiving TANF. Refer to TANF budgeting procedures in this section.
The alien changes sponsors,	recalculate the income and resources based on the new sponsor’s income and resources.
The alien fails to obtain the sponsor’s cooperation or to provide the needed information,	deny TANF application. No one in the alien’s AU is eligible to receive TANF.
The sponsor dies,	delete the sponsor’s income and resources from the budget.
The alien loses his/her sponsor; the sponsor revokes the sponsorship agreement,	continue to budget the previous amount of deemed income until the alien obtains a new sponsor or qualifies based on 40 Qualifying Quarters.
The alien receives an overpayment,	The alien and sponsor are jointly liable for the overpayment unless the sponsor has good cause or was not at fault.