WAC 182-509-0155 MCS income--Exemption from sponsor deeming for medical care services (MCS). This section applies to medical care services (MCS).
1. An individual who meets any of the following conditions is permanently exempt from deeming and none of a sponsor's income or resources are counted when determining eligibility for MCS:
a. The Immigration and Nationality Act (INA) does not require the individual to have a sponsor. Immigrants who are not required to have a sponsor include those with the following status with United States Citizenship and Immigration Services (USCIS):
i. Refugee;
ii. Parolee;
iii. Asylee;
iv. Cuban/Haitian entrant; or
v. Special immigrant from Iraq or Afghanistan.
b. The sponsor is an organization or group as opposed to an individual;
c. The individual does not meet the alien status requirements to be eligible for benefits under WAC 182-503-0532;
d. The individual has worked or can get credit for forty qualifying quarters of work under Title II of the Social Security Act. If the individual worked during a quarter in which they received TANF, Basic Food, SSI, CHIP, or nonemergency medicaid benefits, a quarter of work is not counted towards the forty quarters.. A quarter of work by the following people is also counted toward the forty qualifying quarters:
i. The individual;
ii. The individual's parents for the time they worked before the individual turned eighteen years old (including the time they worked before you were born); and
iii. The individual's spouse if still married or if the spouse is deceased.
e. The individual becomes a United States (U.S.) Citizen;
f. The individual's sponsor is dead; or
g. If USCIS or a court decides that the individual, their child, or their parent was a victim of domestic violence from the sponsor and:
i. The individual no longer lives with the sponsor; and
ii. Leaving the sponsor caused the need for benefits.
2. While the individual is in the same assistance unit (AU) as their sponsor, they are exempt from the deeming process. An individual is also exempt from the deeming process if:
a. The sponsor signed the affidavit of support more than five years ago;
b. The sponsor becomes permanently incapacitated; or
c. The individual is a qualified alien according to WAC 388-424-0001 and:
i. Is on active duty with the U.S. armed forces or the individual is the spouse or unmarried dependent child of someone on active duty;
ii. Is an honorably-discharged veteran of the U.S. armed forces or the individual is the spouse or unmarried dependent child of a honorably-discharged veteran;
iii. Was employed by an agency of the U.S. government or served in the armed forces of an allied country during a military conflict between the U.S. and a military opponent; or
iv. Is a victim of domestic violence and the individual has petitioned for legal status under the Violence Against Women Act.
3. If the individual, their child, or their parent was a victim of domestic violence, the individual is exempt from the deeming process for twelve months if:
a. The individual no longer lives with the person who committed the violence; and
b. Leaving this person caused the need for benefits.
4. If the AU has income at or below one hundred thirty percent of the Federal Poverty Level (FPL), the individual is exempt from the deeming process for twelve months. This is called the "indigence exemption". For this rule, the following in counted as income to the AU:
a. Earned and unearned income the AU receives from any source; and
b. Any noncash items of value such as free rent, commodities, goods, or services that are received from an individual or organization.
5. If the individual chooses to use the indigence exemption, and is eligible for a state program, this information is not reported to the United States attorney general.
6. If the individual chooses not to use the indigence exemption:
a. The individual could be found ineligible for benefits for not verifying the income and resources of the sponsor; or
b. The individual will be subject to regular deeming rules under this section.
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