Ineligible Alien Parent, Federal Eligibility Determination

Overview/Usage

When determining federal eligibility for Foster Care, EW must follow the 7/16/96 AFDC rules. Ineligible Alien Parent deemed income rules are provided for reference, as needed, to determine if, in the month of petition, the family “would have been eligible under 7/16/96 AFDC rules had an application been made”.

The CalWORKs rules regarding the composition of the AFDC AU and the IPU are essentially the same as they were under the AFDC Program on 7/16/96. However, effective 1/1/98, the Ineligible Alien Parent income computation under the CalWORKs Program has changed. Therefore, when Foster Care EWs are determining if a family with Ineligible Alien Parent(s) is federally eligible, use the “Deemed Income Computation” (FC 3A Backer) to determine income deemed to the AU from the Ineligible Alien Parent.

General Information

Regulations concerning income to the AU from an Ineligible Alien Parent apply ONLY when the Ineligible Alien Parent is the natural or adoptive parent AND resides in the home with his or her aided child(ren); AND, is NOT eligible for assistance because he/she is not a citizen or eligible alien.

Note: Use the stepparent deeming provisions when the Ineligible Alien Parent is the natural or adoptive parent of an aided child, and is being naturalized under the IRCA but does not yet have appropriate alien status to be included in the AU. There will be very few, if any, aliens to whom this is applicable. Refer to Stepparents , Federal Eligibility Determination.

The caretaker relative parent cannot choose to be excluded from the AU and then be in the Ineligible Alien Parent Unit. The caretaker relative must be in the AU unless excluded by law or for cause.

Note: If the caretaker relative is excluded for cause, then the needs of that individual are not included in either the IPU or the AFDC AU.

Unmarried Parents

(For your information only.) In the CalWORKs Program, effective 1/1/98, when Ineligible Alien parents are unmarried and both unmarried parents are in the home with their CalWORKs eligible child(ren), only one IPU is established which includes the needs of all other appropriate persons in the home.

For the Foster Care determination of federal eligibility, when the Ineligible Alien parents are unmarried and both unmarried parents are in the home with their AFDC eligible child(ren), use the following chart to determine the IPU composition.

If...	Then...
Each ineligible parent has separate income,	Create two (2) IPUs — each one containing an ineligible alien parent and using that parent's income.
Only one parent has income,	Create only one (1) IPU — containing both ineligible alien parents
There are also undocumented alien children in common in the home,	The needs of those children in common must be met by the IPU which has the most income. The needs of any separate undocumented alien children can only be met in the IPU of that separate child's parent.

Ineligible Alien Parent Unit

Persons Included in IPU

The IPU may include, in addition to the Ineligible Alien Parent, any of the following individuals related to the Ineligible Alien Parent UNLESS that individual is required to be in the AFDC AU:

The spouse of the Ineligible Alien Parent.
Any separate children of the Ineligible Alien Parent.
Any children the Ineligible Alien Parent has in common with the spouse.
Any other persons residing in the home who may be claimed by the Ineligible Alien Parent as dependents for federal income tax purposes.

Persons NOT Included in IPU

An individual may NOT be included in the IPU if that individual is:

Included in an AFDC AU, or
Excluded from the AFDC AU for cause (e.g. sanctioned or refused to meet a condition of eligibility).

Needs for IPU

The 7/16/96 AFDC MBSAC differential is used in determining the ability of the Ineligible Alien Parent to support the IPU. The Ineligible Alien Parent is also allowed the appropriate deductions from any income received.

Lump Sum Income

The lump sum regulations do not apply when the lump sum income is received by:

The Ineligible Alien Parent who is living in the home but who is not aided.
An individual who is excluded by law.

Deemed Income Computation

The “Deemed Income Computation “(FC 3A Backer) is used to compute the income deemed to the AFDC AU from the Ineligible Alien Parent. Follow these steps.

Determine the Ineligible Alien Parent's net nonexempt income.
Subtract the $90 Standard Work Expense Disregard, if the income is earned.
Deduct any amounts actually paid by the Ineligible Alien Parent to persons not living in the home who are, or could be, claimed as dependents in the determination of federal personal income tax liability.
Deduct any child support or spousal support payments made by the Ineligible Alien Parent to persons not living in the home.
Deduct an amount equal to the difference between the 7/16/96 MBSAC amount plus any AFDC Special Needs, if applicable, for members of the AFDC AU, with the Ineligible Alien Parent Unit, and the 7/16/96 MBSAC amount plus any AFDC Special Needs for the AFDC AU.
Count any remaining income from the Ineligible Alien Parent Unit as deemed income to the AFDC AU.

Note: The “Ineligible Alien Parent (IPU) Income Worksheet” (SC 537) is NOT used in the CalWORKs Program. However, the SC 537 is available from Supply (primarily for use by CROP and IEVS workers for retroactive budgeting.) Foster Care EWs may use the SC 537 (optional) to document who is in the Ineligible Alien Parent Unit, who is in the AFDC AU, and the amount of income deemed from the Ineligible Alien Parent to the AFDC AU.