SI 01320: Deeming of Income
TN 12 (09-04)
Citations:
20 CFR 416.1161(a)(1), (a)(4), (b), (c), (d)
POLICY
Any portion of any grant, scholarship, fellowship, or gift used to pay the cost of tuition, fees or other necessary educational expenses at an educational institution, including vocational and technical education, is not income subject to deeming from an ineligible spouse or parent. It is also not considered income to an ineligible child or an eligible alien sponsored by the ineligible spouse or parent in determining the amount of the allocation. Instructions in SI 00830.455 provide information on the applicable dates and policy for the income exclusion. Money received from grants, scholarships, fellowships, or gifts is income for purposes of deeming from an essential person or a sponsor of an alien, except grants or loans to undergraduate students under Title IV of the Higher Education Act of 1965 (HEA) or Bureau of Indian Affairs (BIA), or other Federal statutes. See SI 00830.055. (See SI 00830.455 for the required development when grants, scholarships, fellowships, or gifts are involved.)