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VA TANF - Stepparent Deeming

In certain situations, the income of a stepparent will be deemed available to the TANF Assistance Unit providing the natural or adoptive parent of the children is also living in the home. Income may be deemed regardless of whether the income is actually made available to the unit.

WorkWORLD follows the steps detailed below to calculate stepparent deeming when appropriate.

Stepparent Deeming Procedures

The Code of Virginia has been modified in regard to the stepparent deeming procedure with the goal of keeping families together. The two-step procedure in a. below is followed to determine eligibility and the grant amount when there is a stepparent in the home but not in the assistance unit and the parent is otherwise eligible for inclusion in the assistance unit.

If the parent has been excluded from the assistance unit due to any reason other than failure/refusal to cooperate with Department of Child Support Enforcement (DCSE), only Step 2 is necessary.

If the parent has been excluded due to failure/refusal to cooperate with DCSE, the procedure in b. below is applicable.

a. Stepparent Deeming Procedure Used When the Parent in the Home Cooperates with DCSE

Step 1: Determining Eligibility of the Parent in the Home

Compute the amount of the stepparent's income available to the assistance unit by subtracting the following from the stepparent's anticipated gross monthly earned and unearned income:

1) Subtract the first $90 of gross earned income;

2) Subtract the Standard of Need (see note below) for the number of household members claimed (or who could be claimed) as dependents on the stepparent's federal income tax return, excluding members of the assistance unit. (Do not count individuals who are not in the assistance unit due to an Intentional Program Violation (IPV) sanction, failure to comply with SSN requirements, or failure to cooperate with DCSE.)

NOTE: The Standard of Need is usually a few dollars more than the Standard of Assistance. Be sure to use the correct column in the table in the Standard of Assistance topic.

3) Subtract the amount of support paid to individuals not living in the home who are claimed (or could be claimed) as dependents on the stepparent's federal income tax return.

4) Subtract any payments for alimony and child support to individuals not claimed on the stepparent's federal income tax return and not living in the household.

The amount remaining after the above deductions is compared to the standard of assistance for the assistance unit. If the stepparent's remaining income is less than the standard of assistance for the number of persons in the assistance unit, the parent is included in the assistance unit, and no stepparent income is deemed available. Only the income of the parent and children is counted in determining the grant amount. (Step 2 is not applicable in this instance.)

If, however, the remaining amount equals or exceeds the standard of assistance for the number of persons in the assistance unit, the parent is not included in the assistance unit, and the children's eligibility must be determined according to step 2.

Step 2: Eligibility Determination For the Children When the Parent's Needs Must Be Excluded From the Grant

Determine the children's financial eligibility and grant amount by counting the parent's income, the children's income, and that portion of the stepparent's gross income in excess of 150% of the poverty level for two persons (the parent and stepparent), which is $1,650 in the period starting October 1, 2006. (That amount is a standard amount and must be used in all cases regardless of the actual number of dependents the stepparent has.)

Countable income is to be deducted from the Standard of Assistance for the assistance unit.

b. Stepparent Deeming Procedure Used When the Parent in the Home Refuses or Fails to Cooperate With DCSE

When it is determined that the parent of the TANF children has failed or refused to cooperate with DCSE, the stepparent's income must be deemed available to the assistance unit, calculating the deemed amount in accordance with Step 1 above. The deemed income, in addition to the income of the parent and children must be counted to determine the assistance unit's financial eligibility and grant amount.

c. Stepparent Deeming When the Parent Is Not in the Home With the Stepparent

Deeming stepparent income is not appropriate when the parent of the TANF children is not living in the home, regardless of whether absence from the home is due to separation, divorce, or death. The stepparent and the natural/adoptive parent will be considered living together, regardless of absence due to military duty, employment, or other absences or convenience, as long as they consider themselves to be living as husband and wife.

NOTE: For the deeming procedure for stepparents when the parent is not living in the home but the stepparent and parent are married, see the procedure in the topic VA TANF - Minor Parent Deeming

If the stepparent is included in a TANF assistance unit, policies and procedures applicable to assistance unit members apply instead of the deeming procedures.

NOTE: A lump sum payment received by an eligible child's stepparent is considered available to the assistance unit in the month of receipt only.

See Also:

VA TANF - Assistance Unit

VA TANF - Eligibility

VA TANF - Financial Eligibility

VA TANF - Grant Amount Calculations

VA TANF - Time Limit

VA TANF-UP - Overview

VA TANF-UP - Assistance Unit

VA VIEW - Overview

VA VIEW - Exemption Criteria

VA VIEW - Time Limit

VA VIEW - Grant Amount Calculations

Back To:

VA TANF - Overview

VA Benefit Information System Welcome and Introduction

Source:

VA TANF Policy Manual Section 305.4.F.1.

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