SR 03-27 Dated 10/03

Previous Policy


The earned and unearned income of a sponsor and the sponsors spouse is considered available to the alien applying for benefits. See also Deemed Income.

Exception: When determining Food Stamp eligibility and benefit amount for sponsored non-citizen individuals under age 18, do not count the income of the childs sponsor (or the sponsors spouse).

• Exclude from the sponsors and sponsors spouses income any income that is excluded for Food Stamps.

• Subtract 20% of the sponsors and, if applicable, the sponsors spouses gross monthly earned income and add the remaining amount to the sponsors and, if applicable, the sponsors spouses gross unearned income.

• Reduce the amount derived above by the gross income limit for a Food Stamp household size equal to the household size for the sponsor, sponsors spouse, and any other person who the sponsor or sponsors spouse is claiming or could be claiming as a dependent for federal income tax purposes.

• If the sponsor has signed an affidavit of support for more than one immigrant, the sponsors income is pro-rated among the sponsored immigrants.

Treatment: Unearned Income


References: RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:4, I(a); RSA 167:7, IV; 7 CFR 273.4(c)(2); 7 CFR 273.9(b)(4); 7 USC 2014(i)(1)-(2)(A)