1. A. The Administration or its designee shall use income of a USCIS sponsor to determine eligibility for a non-citizen applicant, whether or not the income is available, to the non-citizen applicant unless exempt under R9-22-316.

2. B. Counting the income from a sponsor.

   1. 1. This Section applies to non-citizen applicants who:

      1. a. Are Lawful Permanent Residents under 8 CFR 101.3;
      2. b. Applied for Lawful Permanent Resident Status on or after December 19, 1997;
      3. c. Are sponsored by an individual who signed a USCIS I-864 Affidavit of Support; and
      4. d. Are eligible for full AHCCCS medical coverage.
   2. 2. Sponsor deemed income shall be considered the income of the non-citizen applicant only.

   3. 3. The Administration or its designee shall not use the provisions of this Section when:

      1. a. The applicant becomes a naturalized U.S. citizen;
      2. b. The applicant qualifies for an exemption listed in R9-22-316; or
      3. c. The sponsor dies.

3. C. Determining income from a sponsor.

   1. 1. For an applicant who is exempt from sponsor deeming under R9-22-316, only cash contributions actually received from the sponsor are countable income to the applicant.
   2. 2. For an applicant to whom the sponsor’s income is deemed, the Administration or its designee shall exclude any cash contributions received from the sponsor.

4. D. Calculation of income from a sponsor.

   1. 1. The Administration or its designee shall include the total gross income of the sponsor and the sponsor’s spouse, when living with the sponsor;
   2. 2. The Administration or its designee shall subtract an amount equal to 100% of the FPL for the sponsor’s household size from the total gross income under (D)(1); and
   3. 3. The amount calculated under subsection (D)(2) is deemed as income to the applicant for purposes of determining eligibility.

Historical Note

Adopted effective August 30, 1982 (Supp. 82-4). Former Section R9-22-317 repealed, new Section R9-22-317 adopted effective November 20, 1984 (Supp. 84-6). Amended effective October 1, 1986 (Supp. 86-5). Section repealed by final rulemaking at 5 A.A.R. 294, effective January 8, 1999 (Supp. 99-1). New Section R9-22-317 made by final rulemaking at 20 A.A.R. 192, with an immediate effective date of January 7, 2014 (Supp. 14-1).