POMS Reference

SI 01310: Deeming, General

TN 6 (04-99)

A. Definition

A household is a person, or group of persons sharing common living quarters and facilities, living in a residence under such domestic arrangements and circumstances as to create a single economic unit. A household does not exist if a person or group of persons does not have a residence.

For deeming purposes, a household comprises:

  • the eligible individual; and

  • the spouse; or

  • any of the couple's children (or children of either member of the couple);

     - OR -

  • the eligible child; and

  • the eligible child's parent(s); and

  • other children of the parents.

     - OR -

  • the eligible individual; and

  • his or her essential person.

B. Policy

1. Household

  1. Relationship of Household to Deeming — Deeming from spouse to spouse or parent to child only applies in household situations as defined in A. above. Unless temporarily absent, only those individuals residing in the household are a part of the household for deeming purposes.

  2. Lack of Residence — Spouse-to-spouse and parent-to-child deeming do not apply in situations where a family does not have a residence. For example, if a family lives in a car because they cannot afford shelter, neither spouse-to-spouse nor parent-to-child deeming would apply.

  3. Absence From the Household — An individual is not a member of the household if he/she is absent from home for a period which is not a temporary absence as defined in SI 01310.165 (for example, confinement in a public institution as described in
    SI 00520.001). For absences due to active duty military assignments, see SI 01310.170.

  4. Child Born at Home — A child born at home, for whom a claim for SSI benefits is filed, is a member of the household from the month of birth.

  5.  Child Born in an Institution — If a child is born in an institution (e.g., a hospital), he/she is not a member of the household until the month after the month he/she goes home.

2. Institutional Setting

Deeming does not apply when an eligible individual and ineligible spouse are living in an institution even when they are sharing a room.

3. Noninstitutional Care Situations

Deeming does apply in noninstitutional care situations (e.g., adult foster care) if the eligible individual is placed with a deemor (see SI 00835.790A.2.).

4. Sponsor to Alien Deeming

Deeming applies from a sponsor to an alien even if they do not live together in the same household. However, certain statutory exclusions of a sponsor's income only apply if the sponsor and alien are living in the same household (see SI 01320.105).

C. References