10:71-4.6 Deeming of resources
(a) When an applicant/beneficiary is an adult residing in the same household with his or her
ineligible spouse or is a child residing in the same household with his or her parent(s) or
spouse of parent, the resources of the ineligible spouse or parent(s) is considered in the determination of eligibility. The amount included as resources to the applicant/beneficiary,
whether or not it is actually available, is termed deemed resources.
(b) Applicant/beneficiary living alone: If the applicant/beneficiary lives alone, only his or her
countable resources shall be applied to the resource maximum for an individual.
(c) Applicant/beneficiary couple: In the case of an applicant/beneficiary couple, the total
amount of the husband's and wife's combined countable resources shall be applied to the
resource maximum for a couple. Such individuals will continue to have resources treated in
this manner until they have been separated for one calendar month. At such time, the
individuals will be considered to be living alone.
1. If one member of an eligible couple enters a Title XIX institution, only the resources of
the institutionalized individual will be counted in the determination of his or her eligibility
beginning with the date of admission except as provided in N.J.A.C. 10:71-4.8.
(d) Applicant/beneficiary living with ineligible spouse: If the applicant/beneficiary lives with
an ineligible spouse, all countable resources of the ineligible spouse are deemed to the
applicant/beneficiary. The value of the total countable resources is compared to the
resource maximum for a couple. Such individuals will continue to have resources treated in
this manner until they have been separated for one full calendar month. At such time, the
individuals will be considered to be living alone.
1. Separation due to institutionalization: If one member of the couple enters a Title XIX
institution, only the resources of the institutionalized individual will be counted in the
determination of his or her eligibility beginning with the date of admission except as
provided in N.J.A.C. 10:71- 4.8.
(e) Applicant/beneficiary unmarried and under 18 years of age, living with parents: If the
applicant/beneficiary is an unmarried child under the age of 18 years of age who lives with
his or her parents (including stepparents), the total value of all countable resources in
excess of the appropriate parental resource maximum, cited in (e)2 below, shall be applied
toward the resource maximum for an individual (see N.J.A.C. 10:71-4.5). A child will be
considered to be not living with his or her parents when he or she has ceased living with
them for a period of one calendar month.
1. Child not living with parents due to institutionalization: If a physician has certified that
the child's duration of stay in a Title XIX facility (or a combination of such facilities) is
expected to be 30 consecutive days or more, such child shall be considered to be not living
with his/her parents at the time of such certification. In such circumstances, only the child's
own countable resources shall be applied to the resource maximum for an individual.
2. Parental resource maximums (including stepparents):
i. One parent: The total value of countable resources in excess of the source limit for an
individual (see N.J.A.C. 10:71-4.5) shall be applied toward the eligible child's resource
maximum.
ii. Two parents: The total value of countable resources in excess of the resource limit for
a couple (see N.J.A.C. 10:71-4.5) shall be applied toward the eligible child's resource
maximum.
3. More than one eligible child: If there is more than one eligible child in the household,
the total value of countable resources in excess of the appropriate parental maximum shall
be equally divided among such children. In cases of this nature, no part of the value of such
resources shall be allocated to ineligible children residing in the household.
(f) Deeming resources of an alien's sponsor: When the sponsor of an alien is subject to
deeming provisions (see N.J.A.C. 10:71-5.7) any countable resources of the sponsor in
excess of the appropriate resource limit (the resource limit for an individual or the resource
limit for a couple if the sponsor resides with his or her spouse) shall be considered to be
resources of the alien in addition to whatever resources the alien has.