Rhode Island General Laws 40-5.2-13. Income deeming
Parent, stepparent, grandparent, and sponsor income deeming.
(a) Parents. For purposes of determining eligibility for and the amount of cash assistance to which a family is entitled under this chapter, the income of a child shall include the income of his/her parent(s). For purposes of this section, the term “income” has the meaning prescribed in § 40-5.2-10(g).
(b) Stepparents. For purposes of determining eligibility for and the amount of cash assistance to which a family is entitled under this chapter, the income of a child shall include the income of the child’s stepparent (if living in the same house as the child) minus the sum of: (1) The first ninety dollars ($90) of the stepparent’s earned income for the month; (2) The standard of need for a family of the same composition as the stepparent (but excluding any person included in the child’s family); (3) Amounts paid by the stepparent to individuals not living in the stepparent’s home and claimed by him or her as dependent for federal tax purposes; and (4) Alimony or child support payments made by the stepparent with respect to individuals not living in such household.
(c) Grandparents. The income of a child whose parent is under the age of eighteen (18) shall include any income of the child’s grandparents, if the grandparents are living in the same home as the child and his or her parent, to the same extent that income of a stepparent is included under subsection (b).
(d) Sponsors. Sponsor deeming with respect to eligible aliens who are applicants for cash assistance shall be applied in accordance with Section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193, PRWORA) [8 U.S.C. § 1631] and under rules and regulations to be promulgated by the department.
History of Section.
P.L. 2008, ch. 100, art. 16, § 1.
Terms Used In Rhode Island General Laws 40-5.2-13
- Assistance: means cash and any other benefits provided pursuant to this chapter. See Rhode Island General Laws 40-5.2-8
- Department: means the department of human services. See Rhode Island General Laws 40-5.2-8
- Dependent: A person dependent for support upon another.
- Earned income: means income in cash or the equivalent received by a person through the receipt of wages, salary, commissions, or profit from activities in which the person is self-employed or as an employee and before any deductions for taxes. See Rhode Island General Laws 40-5.2-8
- Family: means : (i) A pregnant person from onset of pregnancy; or (ii) A child and the following eligible persons living in the same household as the child: (iii) Each biological, adoptive or stepparent of the child, or in the absence of a parent, any adult relative who is responsible, in fact, for the care of such child; and (iv) The child's minor siblings (whether of the whole or half blood); provided, however, that the term "family" shall not include any person receiving benefits under Title XVI of the Social Security Act, Rhode Island General Laws 40-5.2-8
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6