ObamaCare Eligibility - What Income is Included

[ezra 0]

Hello, I have seen similar questions asked, but couldn't find my particular example. We sponsored my mother-in-law who is now a permamnent resident in the US and earns no income. We contacted ObamaCare (Cailifornia Care in California) to see what she qualifies. Since she earns no income and we don't claim her on our tax return we were referred to Medical/Medicaiddue to the affidavit of support we signed, we would be obligated to pay any benefits (is my understanding).

So, my question is... Although we don't pay her any income, can we say that her income is 1.5 times the poverty level (which is what we are obligated to support her with I think?) when applying for ObamaCare? This will qualify her for health insurance with a tax credit. Or can the government sue us to reimburse them for any benefit they provided her as that is a burden on the public wihch we promised not to have happen?

I have seen both opinions answered on posts. Am not sure where to turn (I have emailed USCIS, I have asked immigration lawyers who say they cannot answer my question). Any thoughts / references with facts about this? Or is it just too early and no one knows the rules yet?

Thanks,

Ezra

[Canerican 242]

I would like to know that answer to this question as well as I qualify for subsidies on Obamacare and I am a PR as well.

[Penguin_ie 5,997]

***** Moving from General Immigration to Your New Life forum *****

[pmiller2000 0]

I had exactly the same question. As far as what income is used to determine whether the new resident qualifies for the subsidy or not, I found the answer on this page: http://www.***removed***.com/new-immigrants-medical-insurance-plans/ In a few words, yes, the sponsor's income is used, too.

I sponsored both of my parents and my sister (under 18) and even with an income above the poverty guidelines we cannot afford to pay the high premiums health insurance companies charge Now my next question is: How much of a penalty do we have to pay when I file my income tax return? I will keep on researching and will post my findings. I hope this helped...

[Canerican 242]

Hey there pmiller2000,

This is what I found on healthcare.gov: "Starting January 1, 2014, if someone doesn't have a health plan that qualifies as minimum essential coverage, he or she may have to pay a fee that increases every year: from 1% of income (or $95 per adult, whichever is higher) in 2014 to 2.5% of income (or $695 per adult) in 2016. The fee for children is half the adult amount. The fee is paid on the 2014 federal income tax form, which is completed in 2015. People with very low incomes and others may be eligible for waivers. See "What if someone doesn't have health coverage in insurance in 2014?" for more information."