WAC 388-450-0156

Effective October 1, 2013

WAC 388-450-0156 When am I exempt from deeming?

  1. If you meet any of the following conditions, you are permanently exempt from deeming and we do not count your sponsor's income or resources against your benefits: 
    1. The Immigration and Nationality Act (INA) does not require you to have a sponsor. Immigrants who are not required to have a sponsor include those with the following status with United States Citizenship and Immigration Services (USCIS):
      1. Refugee;
      2. Parolee;
      3. Asylee;
      4. Cuban/Haitian entrant; or
      5. Special immigrant from Iraq or Afghanistan.
    2. You were sponsored by an organization or group as opposed to an individual;
    3. You do not meet the alien status requirements to be eligible for benefits under Chapter 388-424 WAC;
    4. You have worked or can get credit for forty qualifying quarters of work under Title II of the Social Security Act. We do not count a quarter of work toward this requirement if the person working received TANF, Basic Food, SSI, CHIP, nonemergency Medicaid benefits, or Washington Apple Health coverage. We count a quarter of work by the following people toward your forty qualifying quarters:
      1. Yourself;
      2. Each of your parents for the time they worked before you turned eighteen years old (including the time they worked before you were born); and
      3. Your spouse if you are still married or your spouse is deceased.
    5. You become a United States (U.S.) Citizen;
    6. Your sponsor is dead; or
    7. If USCIS or a court decides that you, your child, or your parent was a victim of domestic violence from your sponsor and:
      1. You no longer live with your sponsor; and
      2. Leaving your sponsor caused your need for benefits.
  2. You are exempt from the deeming process while you are in the same AU as your sponsor;
  3. For Basic Food, you are exempt from deeming while you are under age 18.
  4. For state family assistance, Aged, Blind, or Disabled cash assistance,  pregnant women assistance (PWA), and state-funded Basic Food benefits, you are exempt from the deeming process if:
  1. Your sponsor signed the affidavit of support more than five years ago;
  2. Your sponsor becomes permanently incapacitated; or
  3. You are a qualified alien according to WAC 388-424-0001 and you:
    1. Are on active duty with the U.S. armed forces or you are the spouse or unmarried dependent child of someone on active duty;
    2. Are an honorably-discharged veteran of the U.S. armed forces or you are the spouse or unmarried dependent child of a honorably-discharged veteran;
    3. Were employed by an agency of the U.S. government or served in the armed forces of an allied country during a military conflict between the U.S. and a military opponent; or
    4. Are a victim of domestic violence and you have petitioned for legal status under the Violence Against Women Act.
  1. If you, your child, or your parent was a victim of domestic violence, you are exempt from the deeming process for twelve months if:
    1. You no longer live with the person who committed the violence; and
    2. Leaving this person caused your need for benefits.
  2. If your AU has income at or below one hundred thirty percent of the Federal Poverty Level (FPL), you are exempt from the deeming process for twelve months. This is called the "indigence exemption".  You may choose to use this exemption or not to use this exemption in full knowledge of the possible risks involved.  See risks in subsection (9) below.  For this rule, we count the following as income to your AU:
    1. Earned and unearned income your AU receives from any source; and
    2. Any noncash items of value such as free rent, commodities, goods, or services you receive from an individual or organization.
  3. If you use the indigence exemption, and are eligible for a federal program, we are required by law to give the United States attorney general the following information:
    1. The names of the sponsored people in your AU;
    2. That you are exempt from deeming due to your income;
    3. Your sponsor's name; and
    4. The effective date that your twelve-month exemption began.
  4. If you use the indigence exemption, and are eligible for a state program, we do not report to the United States attorney general.
  5. If you choose not to use the indigence exemption:

a.    You could be found ineligible for benefits for not verifying your sponsor's income and resources; or

b.    You will be subject to regular deeming rules under WAC 388-450-0160

 

 

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.