Ariz. Admin. Code § 6-12-506

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-12-506 - Special Income Provisions: Sponsored Noncitizens

A. For purposes of determining whether a sponsor's income and resources shall be used when determining the countable income for an assistance unit that includes a sponsored noncitizen member or for a sponsored noncitizen person whose income is considered available to the assistance unit, the following requirements apply:

1. The sponsored noncitizen member shall:

a. Be a Lawful Permanent Resident who meets the eligible noncitizen criteria; and

b. Have applied for or been granted Lawful Permanent Resident status on or after December 19, 1997.

2. The sponsor shall:

a. Be an individual and not an organization or group; and

b. Have signed an Affidavit of Support (United States Citizen and Immigration Services Form I-864 or I-864A) on behalf of the sponsored noncitizen member on or after December 19, 1997.

3. When the sponsor's spouse resides with the sponsor, and has also signed the Affidavit of Support (United States Citizen and Immigration Services Form I-864 or I-864A) on behalf of the sponsored noncitizen member on or after December 19, 1997, the income and resources of the spouse shall also be included for any purpose in this Chapter that requires the income and resources of the sponsor.

B. The assistance unit shall be exempt from the sponsor income and resource deeming requirement when any of the following apply:

1. The sponsored noncitizen is credited with at least 40 countable quarters of employment as provided in 8 U.S.C. 1183(a).

2. The sponsored noncitizen is a victim of domestic violence or extreme cruelty by a member of the family.

3. The sponsored noncitizen is a victim of a severe form of trafficking.

4. The sponsored noncitizen becomes a naturalized United States citizen.

5. The sponsored noncitizen is age 17 or younger.

6. The sponsor is deceased.

C. When the assistance unit is not exempt from the sponsor income and resource deeming requirement, the Department shall determine whether the assistance unit is indigent. To determine indigent status, the Department shall determine the countable income of the assistance unit and a cash grant.

1. When determining the amount of unearned income that shall be included in its calculation, the Department shall include:

a. The actual amount of cash contributions received from the sponsor;

b. The cash value of food, clothing, shelter, and utilities provided by the sponsor; and

c. The cash value of vendor payments made by the sponsor.

2. When the countable income is at least 1¢ less than 36% of the 1992 federal poverty level for the assistance unit size, the assistance unit is considered indigent.

3. When the assistance unit is determined to be indigent, the sponsor's income and resource deeming requirement shall not apply. The Department shall use only the actual amount of cash contributions received from the sponsor as countable income available to the assistance unit when determining a cash grant amount.

D. When the assistance unit is not exempt from the sponsor income and resource deeming requirement and is not indigent, the Department shall count the income of the sponsor as follows:

1. Determine the countable gross monthly income of the sponsor:

a. Calculate a monthly gross earned income amount and deduct 20 percent from that amount,

b. Calculate a monthly gross unearned income amount, and

c. Add the amounts in subsections (D)(1)(a) and (b).

2. Calculate the number of persons living in the home who the sponsor claims or could claim as a dependent for federal income tax purposes, including the sponsor and the spouse of the sponsor.

3. Deduct an amount equal to 100% of the federal poverty level adjusted for the family size in subsection (D)(2) from the countable gross monthly income calculated in subsection (D)(1)(c).

4. When the sponsor has signed more than one Affidavit of Support (United States Citizen and Immigration Services Form I-864 or I-864A) forms, divide the amount calculated in subsections(D)(1) through (3) by the number of I-864 or I-864A forms that have been signed by the sponsor.

5. After deducting the amount prescribed in subsection (D)(3) from the gross income calculated in subsection (D)(1)(c) and dividing that amount by the number of Affidavits of Support executed by the sponsor, the Department shall include the remaining income amount as countable unearned income available to the assistance unit.

E. When the assistance unit is not exempt from the sponsor income and resource deeming requirement and is not indigent, the Department shall consider the resources of the sponsor as available to the assistance unit. When calculating the value of the sponsor's resources, the Department shall:

1. Apply all rules and procedures to the sponsor's resources in the same manner as is applied to the assistance unit, and

2. Deduct $1500 from the calculated value of the sponsor's resources. The resulting amount shall be added to the value of the assistance unit's resources when determining whether the assistance unit meets the resource limitations.

F. When an assistance unit includes both a sponsored noncitizen and other members, and the provisions of this Section render the assistance unit ineligible, the Department shall:

1. Disqualify the sponsored noncitizen and determine eligibility of the other members of the assistance unit without considering the income and resources of the sponsor, and

2. Compute a cash benefit amount with the needs of the sponsored noncitizen member excluded from the computation.

G. Verification and Cooperation

1. The Department shall assist the assistance unit in obtaining any verification of the sponsor's income, resources, or other information.

2. When the sponsor verification is not obtainable, the Department shall exempt the assistance unit from the sponsor income and resource deeming requirement and complete the eligibility determination.

3. When the assistance unit refuses to provide information needed to determine the income and resources of the sponsor:

a. All sponsored noncitizens in the assistance unit shall be ineligible for assistance.

b. The other members of the assistance unit may be eligible if they meet all other eligibility factors.

H. In addition to the change reporting requirements contained in Article 8 of this Chapter, the assistance unit shall be required to report the following:

1. A change in sponsor or a change in the residence of the sponsor's spouse when the spouse is no longer residing with the sponsor.

2. A change in the employment of the sponsor.

3. The death of the sponsor.

I. Overpayments. The sponsor and the noncitizen are jointly liable for any overpayment caused by the provision of incorrect or incomplete information, unless the sponsor had good cause that would make the noncitizen solely liable. Good cause includes:

1. The Department failed to inform the assistance unit or the sponsor that the information was necessary, or

2. Extenuating personal circumstances prevented the sponsor from providing necessary information.

Ariz. Admin. Code § R6-12-506

Adopted effective November 9, 1995 (Supp. 95-4). Former R6-12-506 renumbered to R6-12-507; new Section made by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.