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Spouse-to-Spouse Deeming - 2011
The general term “deeming” identifies the process used by the Social Security Administration (SSA) when considering another person's income and resources to be available for meeting an SSI claimant's (or recipient's) basic needs of food and shelter. Social Security assumes that when two people are married, there is a sharing of income and resources. If one member of the couple gets SSI and the other does not, SSA “deems” a portion of the ineligible spouse’s income and/or resources to the SSI eligible spouse. Since SSI is a means-tested program, deemed income and/or resources from an ineligible spouse will be considered when SSA determines SSI eligibility as well as the monthly payment amount. Deemed spousal income and resources are attributed to the eligible individual whether or not they are actually available to him/her.
When Spouse-to Spouse Deeming Applies
Spouse-to-spouse deeming applies whenever an SSI eligible individual is considered to have a marital relationship with an ineligible individual. For SSI purposes, a marital relationship is one in which members of the opposite sex are:
• legally married under the laws of the State where they have their permanent home; or
• married for title II purposes; or
• Living together in the same household and “holding themselves out” as husband and wife to the community in which they live.
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