POMS Reference

SI 01330: Deeming of Resources

TN 7 (02-06)

Citations:

Social Security Act, as amended, § 1613(a)

§ 211 of Public Law 93-66, as amended

Regulations 20 CFR 416.1203

A. Policy

The resources of a qualified individual are deemed to include the resources of an essential person. Essential person resources that are excluded from deeming to the qualified individual are described in SI 01330.420.

If the essential person's resources cause the qualified individual to be ineligible, then the individual ceases to have that essential person effective the same month.

The essential person status cannot be regained after it is lost. Essential person deeming and the essential person increment do not apply once the essential person status ceases.

If essential person status is lost, and the essential person is an ineligible spouse of a qualified individual, or an ineligible parent (or spouse of a parent) of a qualified individual who is a child under age 18 living in the same household, spouse-to-spouse or parent-to-child deeming, as appropriate, applies.

B. References

SI 00501.100, Essential Persons in the SSI Program - Overview

SI 01330.420, Exclusions from Essential Person Resource Deeming