Wyo. Code R. 049-0030-1
Effective Date: 04/01/1997 to 08/01/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0030.1.04011997
The Division of Programs & Policy, within the Department of Family Services (DFS), is authorized under the Public Assistance and Social Services Act, W.S. 42-2-101 et. seq., W.S. 42-2-103 (b)(viii), and the Wyoming Administrative Procedures Act, W.S. 16-3-101 et. seq. to promulgate rules and regulations to be used by the Division in the discharge of its functions.
The State of Wyoming has submitted a State Plan for Temporary Assistance for Needy Families (TANF) to the Administration of Children and Families of the Department of Health and Human Services. The state plan is provided for in Section 401 of Public Law 104-193, Title IV-A. The State has agreed to administer the program in accordance with Title III and Title IV of Public Law 104-193 and the Wyoming welfare statutes.
The Personal Opportunities With Employment Responsibilities (POWER) program is a Pay-After-Performance program for temporary support to needy families with dependent children. Families are required to actively pursue child support and mandatory family members are required to meet work performance standards for the family to receive performance payments.
POWER is funded through a federal block grant and with state dollars. POWER will be effective January 2, 1997.
Wyoming has the opportunity to implement the POWER program to meet the unique needs of its citizens, satisfy state and federal requirements and provide fair and equitable treatment of all families. To maximize this opportunity, the following goals have been established for the POWER program:
1. To simplify the intake and delivery process for Programs and Policy Division programs by streamlining policies and procedures through compatible and correlated policies.
1. 2. To promote and support individual and family responsibility through the belief that parents, not government, should be responsible for themselves and their children.
1. a)
2. 3. To have one hundred percent (100%) of program job seekers working on a plan to achieve self-sufficiency and self-responsibility. This can be accomplished through a combination of employment, child support and other appropriate resources.
3. 4. To keep in mind the impact of these changes will be not only on the agency's programs and support services, but also on other programs, staff, job seekers and communities. We must maintain a broad-based perspective.
1. a)
4. 5. To develop a community based delivery system. System changes of this magnitude will require a community effort. DFS must utilize a community approach in developing employment linkages between the client, the educational systems, the business community, and other government entities such as the Department of Employment and county and city governments. Intervention is essential in Wyoming's rural communities where services are not readily available and job openings are filled on an informal personal relationship basis.
1. a)
5. 6. To implement policies and procedures which discourage out-of-wedlock pregnancies and reinforce stable, self-responsible families.
1. a)
6. 7. To assure parental responsibility through the establishment of paternity and the maximization of child support.
1. a)
7. 8. To seek information and assistance from other entities with expertise in law enforcement, immigration, long-term disability and health issues. We should not work in isolation or expend our time on reinventions.
(a) 'Abandonment' - the child(ren) has been left with no obvious behavioral, verbal or written intentions of reclaiming the child(ren).
(b) 'Absence' -
(i) Continued absence - when the parent:
(A) Is physically away from the home; and (B) Is not exercising parental care and control; (C) Cannot be counted on to help plan the care and control of the child; and (D) Is not expected to return to the home for at least thirty (30) days. (See Care and control.)
(ii) Temporary absence - the condition of a dependent child(ren) being away from the home when:
(A) The child(ren) is expected to return to the home within ninety (90) days; and
(B) The caretaker relative continues to exercise responsibility for the care and control of the child(ren).
(c) 'Absent parent' - any parent who is not providing care and control of the child(ren) or who cannot be counted on to function in the planning for the physical care, guidance and maintenance of the child(ren).
(d) 'Academic year' - the annual period of sessions of an educational institution, excluding summer school. The year usually begins in the fall and ends in the spring. One semester equals one-half of a year; one quarter equals one-third of a year; and one month in vocational program equals one-twelfth of a year.
(e) 'Access' -
(i) Access to a resource is the right to dispose of a resource as desired;
(ii) Access is either restricted (requires the signature of another person or specifies the condition of disposal) or unrestricted (no other signature is required or condition imposed);
(iii) Access to income is the right to obtain the money.
(f) 'Active duty' - full-time service in the armed forces with regular duties and pay.
(g) 'Adequate notice' - see Notice of action.
(h) 'Adult' - a person age eighteen (18) or over, unless the eighteen (18) year old will graduate from high school before reaching her/his nineteenth (19th) birthday, or an emancipated minor.
(i) 'Adult relative' - for the minor parent requirements, is a person age eighteen (18) or older who has graduated from high school who meets the definition of a 'relative'.
(j) 'Advance Earned Income Credit (AEIC)' - the payment based on wages of the EIC during the calendar tax year resulting from filing a W-5, Earned Income Credit Advance Payment Certificate, with the employer.
(k) 'Adverse action' - a decision to decrease, deny or terminate POWER payments.
(l) 'Alien' - a person residing in, and who is not a citizen of, the United States of America.
(m) 'Alien sponsor contribution' - the amount of income of the sponsor and her/his spouse which will be deemed to the alien, whether available or not.
(n) 'Alimony' - see Support.
(o) 'Anticipate' - to foresee or look forward to as likely to occur based on known facts of past, present and future circumstances.
(p) 'Appertains' - the condition of belonging either as something or as part of it.
(q) 'Applicant' - all household members included in a completed, signed and filed application for POWER performance payments, or a person who expresses verbally or in writing a desire to make application for POWER.
(r) 'Application' - the form on which a person indicates, in writing, the desire to receive assistance, provides information necessary for determining eligibility and informs the client of her/his rights and responsibilities.
(s) 'Application date' - date the signed application is received and date stamped in the field office and will be the date compliance with the child support, work and eligibility performance requirements must begin.
(t) 'Approve' - to decide the applicant(s) will be eligible for POWER performance payment.
(u) 'Authorize' - to generate a POWER performance payment on EPICS.
(v) 'Available' -
(i) For resources, the condition of having unrestricted access to convert property to cash which can be used for the needs of the family unit;
(ii) For income, the condition of having access to the income which can be used for the needs of the family unit;
(iii) Income and resources are considered when actually available and when the applicant or recipient has legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance. (See Access)
(w) 'Barrier to sale' - a statement in the document of ownership (bill of sale, deed, signature card or contract). The statement specifies the sale can be made only under the circumstances given, or an inherent legal restriction to the sale.
(x) 'Best estimate' - the EAS's best determination of what will occur based on knowledge of past, current and future case circumstances which accurately reflects all facts known to the EAS at the time.
(y) 'Beyond the family's control' - for lump sums, an unforeseen circumstance such as death of a family member or a natural disaster.
(z) 'Bona fide' -
(i) For burial, a trust, contract or agreement specified for that express purpose and cannot be other funds or items designated for burial.
(ii) For job offer;
(A) The job applicant was verifiably able to perform the type of work involved;
(B) The working conditions are safe and free from intimidation, abuse, exploitation or harassment; and (C) The job paid the applicable federal minimum wage or prevailing wage for like work in the community.
(aa) 'Budgeting' - the act of calculating the amount of performance payment to be paid to the family unit for the performance period.
(bb) 'Bureau of Indian Affairs (BIA)' - an agency within the Department of Interior.
(cc) 'Burial plot' - a grave site, which may include opening and closing costs, a vault, crypt, urn, grave marker, etc.
(dd) 'Business expenses' - for self-employment, the costs directly related to the production of goods or services provided by the operation which are then subtracted from the gross income to determine the net income.
(ee) 'Care and control' - when a parent or caretaker relative can be counted on to function in planning for and/or is giving the child(ren) physical care, guidance and maintenance as follows:
(i) Guidance - parental participation in the responsibility for the child's development. Such participation includes, but will not be limited to, attending school conferences, disciplining the child, participating in decisions concerning the child's well-being and involvement in the child's extracurricular activities;
(ii) Maintenance - typically synonymous with 'support' as in provision of necessities such as food, clothing and shelter;
(iii) Physical care - providing continuous care for the child by performing tasks required in the child's daily life. Such tasks include, but not limited to, bathing, feeding, dressing, assuring medical attention will be received by the child, preparing meals, supervising the child's activities and assisting with other physical care needs.
(ff) 'Caretaker relative' - a person who meets the definition of a relative and will be exercising the day-to-day care and control of the child(ren).
(gg) 'Case file' - a folder containing documents relating to a family unit.
(hh) 'Case management' -
(i) A series of activities performed by various Department and contract staff which are directed toward the common goal of client self-sufficiency and self-responsibility.
(ii) Activities include, but are not limited to, intake, assessment, referral, planning meetings, employability planning, service provision, evaluation and closure.
(ii) 'Case manager (CM)' - the individual who provides employment directed services to POWER work program job seekers and includes DFS and contract staff.
(jj) 'Case record' - include the applicant's or recipient's case file and the information contained in the EPICS and JAS computer systems.
(kk) 'Cash assistance' - a POWER performance payment made to or on behalf of an eligible person(s).
(ll) 'Cash value' -
(i) For resources, the amount that would be paid if the resource were sold or converted to cash;
(ii) For income, the amount of the income or the value assigned to the service rendered for in-kind income.
(mm) 'Change in circumstances' - a change in income, resources, household size and composition, etc., which affects the ongoing POWER performance payment.
(nn) 'Change report' - the form used to inform the EAS a change in circumstances has occurred or will be expected to occur. Changes can also be reported by phone, in person or in writing.
(oo) 'Check hold' - the act of removing the POWER warrant from direct mailing to the client and sending it to the field office.
(pp) 'Child' - for POWER payment purposes, is a dependent between birth and eighteen (18) years of age who is not an emancipated minor. A child is also a dependent age eighteen (18) who is a full-time high school student and expected to graduate before reaching age nineteen (19).
(qq) 'Child Protection Services (CPS)' - child welfare services performed by persons legally responsible for investigating suspected cases of child abuse and neglect and intervening in verified cases.
(rr) 'Child support' - see Support.
(ss) 'Child Support Authority (CSA)' - a legal entity charged with maintaining a child support enforcement program at the judicial district level. The CSA complies with the provision of state law and Title III of the Public Law 104-193.
(tt) 'Child support performance requirement' - a Pay-After-Performance requirement which includes assigning child support rights to DFS, establishing paternity and cooperating with the CSA in the collection of child support payments.
(uu) 'Circumstance' - a happening or condition which affects the factors of eligibility.
(vv) 'Commingled' - mixing countable and exempt funds together.
(ww) 'Community service' - an unsalaried employment situation with a private business, a nonprofit organization or public agency at a supervised work site.
(xx) 'Compliance' - to comply with Pay-After-Performance requirements including registration for work with ERD and compliance with child support, work program and eligibility requirements.
(yy) 'Concurrent' - occurring simultaneously or at the same time.
(zz) 'Confidentiality' - the limitation of the use and disclosure of applicant and recipient information.
(aaa) 'Continued absence' - see Absence.
(bbb) 'Contribution' - a voluntary or mandatory monetary or in-kind grant or aid provided another person(s) which:
(i) Will not be repayment for goods or services the person provided; and
(ii) Will not be given because of a legal obligation on the giver's part.
(ccc) "Contribution statement" - a written statement verifying a contribution has been made to or on behalf of another person(s).
(ddd) "Control" - power or authority to manage or direct the behavior and activity of another; as of a parent who has physical custody of a child.
(eee) "Cooperate" - working with the Child Support Authority and the POWER program to meet the POWER performance requirements and to establish and maintain eligibility.
(fff) "Countable" - a category of income or resources to be used or to which the program policy and limits are to be applied.
(ggg) "Countable income" - the amount of the recipient's income used in the computation of the POWER performance payment after application of the disregard, when appropriate.
(hhh) "Court appointed" - an assignment or determination made by a judicial tribunal duly constituted for hearing of cases.
(iii) "Current market value" - the amount for which property can be expected to sell for on the open market in the community at the time of the determination or at the time of transfer or sale.
(jjj) "Current month" - see Month.
(kkk) "Current month child support" - money paid by the absent parent in the present month which is for the same month's support.
(lll) "Custodial parent" - parent with whom the child(ren) resides.
(mmm) "Custodian" - an individual who has been appointed by the court to care for a person as reflected in a court order specifying the custody.
(nnn) 'Date of action' - the day the performance payment will be issued, increased, reduced, denied or terminated. The date an action will be effective.
(ooo) 'Date stamped' - the date marked on a document showing it was received in the field office.
(ppp) 'Deduct' - to take an amount away from a total. For example, subtracting taxes from income to determine countable income or subtracting the amount owed from the value of a resource to determine equity.
(qqq) 'Deeming' - to consider the income and resources of one person as the income and resources of a second person whether or not these are actually available.
(rrr) 'Department of Family Services (DFS)' - the Wyoming state agency which is administratively responsible for the POWER program.
(sss) 'Department of Family Services-Central Office (DFS-CO)' - the DFS staff located in the Hathaway Building in Cheyenne.
(ttt) 'Department of Family Services-Field Office (DFS-FO)' - the DFS staff located in the counties.
(uuu) 'Dependent' - one who relies on another for support.
(vvv) 'Desertion' - see Abandonment.
(www) 'Disability' - a medical determination to receive disability benefits paid through SSA or Railroad Retirement. The condition limiting an individual's employment will not be likely to improve or will continue throughout the individual's life.
(xxx) 'Disaster' - for lump sums:
(i) The death of a person in the family unit;
(ii) An earthquake, fire, flood, tornado, robbery; or
(iii) Furnace breakdown and/or broken water pipes in the home when the home is owned by a person in the family unit.
(yyy) 'Disclosure' - revealing.
(zzz) 'Discontinued income' - money no longer received by the individual from a specified source (does not include reduced income).
(aaaa) 'Disqualified' - otherwise eligible, but as a penalty or sanction, deprived of the opportunity to receive a POWER payment for her/his own needs.
(bbbb) 'Disregard' - an allowance of two hundred dollars ($200) deducted from earned income per W.S. 42-2-103.
(cccc) 'Division of Vocational Rehabilitation (DVR)' - a division within the Wyoming Department of Employment.
(dddd) 'Document' -
(i) A written record of the circumstances of an event or fact; or
(ii) A statement of the content of a record which furnishes proof; or
(iii) The act of entering in the case file the proof or statement of proof the verification was accomplished and of entering in the case file the content of the record used to verify.
(eeee) 'Documentation' - the acts of entering in the case file the proof or statement of proof the verification was accomplished.
(ffff) 'Earned income' - see Income.
(gggg) 'Earned Income Credit (EIC)' - an amount of money either deducted from the taxes owed or paid as a refund resulting from filing a Form 1040 or 1040A tax return for a calendar year.
(hhhh) 'Economic Assistance Specialist (EAS)' - an employee of the Department of Family Services who determines eligibility for the POWER performance payment.
(iiii) 'Eligibility factor' - see Eligibility performance standard or requirement.
(jjjj) "Eligibility performance standard or requirement" - a specified condition an applicant or recipient must meet in order to qualify to receive a POWER performance payment.
(kkkk) "Eligible" - qualified to receive a POWER performance payment after meeting all of the specified conditions, factors and performance requirements.
(llll) "Eligibility Payment Information Computer System (EPICS)" - the computer system used by the Department of Family Services for the POWER, Food Stamp and Medicaid programs.
(mmmm) "Emancipated" - a person who has obtained the legal status of an adult. Under W.S. 14-1-101, a minor can be emancipated as follows (See Financial responsibility):
(i) Is or was married; or (ii) Is in the military service of the United States, or (iii) Has a decree of emancipation from a district court.
(nnnn) "Emergency situation" - the occurrence of an event that prohibits the caretaker relative from providing day-to-day care and support of the child or from endorsing a warrant issued by DFS.
(oooo) "Emotional harm" - injury or threat of injury to the psychological capacity or emotional stability of a child or caretaker relative.
(pppp) "Employment" - full-time will be thirty-five (35) or more clock hours per week and earning at least the equivalent of the federal minimum wage. Part-time will be less than thirty-five (35) clock hours per week, or if the hours average more than thirty-five (35) hours per week and earnings are less than the federal minimum wage.
(qqqq) "Employment expenses" - the costs an individual must pay to work for a specific employer or in a specific type of work, such as:
(i) Retirement contributions; (ii) Transportation to and from work;
(iii) Tools, special equipment, uniforms; (iv) Union dues, etc.; and (v) Excluding FICA or withholding taxes.
(rrrr) "Employment Resources Division (ERD)" - the division within the Department of Employment responsible for the Employment Resources Centers.
(ssss) "Encumbrance" - a claim or legal debt(s) against a resource which must be paid when the resource is sold and will be supported by a written document.
(tttt) "Enhancement assistance" - includes basic educational and job skills and vocational training work activities which can be approved after the job seeker has demonstrated an inability to obtain or upgrade employment.
(uuuu) "Equity value" - the current market value less any legal debts (such as mortgages, loans, penalties, cost of sale, etc.) against the property.
(vvvv) "Essential for day-to-day living" - as stated by the caretaker relative, the item or service is indispensable or necessary for the survival of the family unit.
(wwww) "Evidence" - see Document.
(xxxx) "Exempt" - a category of income, resources or circumstances not subject to program policy or limits and will not be counted for eligibility purposes.
(yyyy) "Exploitation" - the performance of daring deeds or taking advantage of another, abuse or misuse.
(zzzz) "Extra paycheck" - a wage payment in addition to the usual number of payments made in a month.
(aaaaa) "Failure to comply" - is failure to keep the initial interview and other scheduled meetings and to meet any of the child support, work program or eligibility performance standards.
(bbbbb) 'Fair hearing' - the conference in which testimony, evidence and arguments are presented before an unbiased official.
(ccccc) 'Fair market value' - the amount of money the sale of property would currently (or at the time of transfer) bring on the open market in the community where the property is located. (See Current market value.)
(ddddd) 'Family penalty' - a decrease in the performance payment of one hundred dollars ($100) imposed against a family unit due to a disqualification.
(eeeee) 'Family unit' - for POWER, the following individuals who are living in the same household and are responsible for the support of each other or of dependents:
(i) The dependent child(ren) including each blood related or adopted brother or sister (and may include stepbrothers and stepsisters) who meet the age and the parent in or out of the home requirements;
(ii) The eligible or ineligible parent(s);
(iii) The stepparent and parent(s) of the minor parent.
(ffff) 'Federal Insured Contribution Act (FICA)' - commonly known as the Social Security Contribution deducted from wages and used for Retirement, Survivors and Disability Insurance (RSDI) payments.
(ggggg) 'Financially responsible' - answerable or liable by law for providing the funds to meet the needs of a spouse and/or child(ren). Under POWER rules, a parent is responsible for an unemancipated natural or adopted child until age eighteen (18). A spouse is responsible for a spouse. (See Emancipated.)
(hhhhh) 'Five year benefit limit' - AFDC and/or POWER and/or POWER-SASFA performance payments are limited to five (5) years (whether or not consecutive) for any family unit regardless of location. (Section 408 of the Public Law 104-193 and W.S. 42-2-103.)
(iiii) 'Fluctuating income' - see Income.
(jjjjj) 'Foster care provider' - the facility or person(s) licensed and/or approved by DFS and caring for the child(ren) placed in their care.
(kkkkk) 'Foster Care, Title IV-E' - Title IV-E foster care is a financial assistance program under the Social Security Act, as amended. The income and resources of the child(ren) must meet specified guidelines. The child(ren) must be placed in a foster care facility approved by DFS.
(llll) 'Fraud' - documented deliberate misrepresentation, concealment or nondisclosure of information to remain eligible for the payment or to avoid a decrease in the payment. The fraudulent act pertains to an eligibility factor, a work activity expenditure or a performance requirement.
(mmmmm) 'Fugitive felon' - a person who is fleeing to avoid prosecution, or custody or confinement after conviction (Section 408 of the Public Law 104-193):
(i) Under the laws of the state from which she/he is fleeing; and
(ii) For a crime, or an attempt to commit a crime, which is a felony under the laws of the state from which she/he is fleeing, i.e., murder, burglary, etc.
(nnnnn) 'Garnishment' - a legal withholding of a specified sum from wages to satisfy a creditor.
(ooooo) 'General Equivalency Diploma (GED)' - the document that indicates a person has passed prescribed testing to obtain the equivalent of a high school education without the diploma.
(ppppp) 'Gross income' - see Income.
(qqqqq) 'Guardian' - an individual appointed by the court to care for a person as reflected in a court order specifying the guardianship.
(rrrrr) 'Guidance' - see Care and control.
(sssss) 'High school' - for POWER purposes, a school attended after elementary school which consists of grades seven (7) through twelve (12).
(ttttt) 'Home' -
(i) For 'living with', the family setting in which the child(ren) is living with a caretaker relative who has taken on and continues the day-to-day care and control of the child(ren);
(ii) For resource purposes, a home is any shelter owned by the caretaker relative, which is the current place of residence. The home includes the building and land upon which it is located, the land that adjoins to the home and all the mobile homes and/or buildings located thereon.
(uuuuu) 'Homeless' - the condition or lack of a permanent dwelling or lack of a fixed or home address.
(vvvvv) 'Household' - the people occupying one or more rooms of a house, apartment, mobile home, hotel, motel, etc. This may include one or more family units and/or ineligible person(s).
(wwwww) 'Household circumstances' - a situation that could have an effect on one of the eligibility performance requirements or standards.
(xxxxx) 'Household furnishings' - furniture, electric appliances, clothing and personal items owned by the family unit.
(yyyyy) 'Housing and Urban Development (HUD)' - a U.S. government department.
(zzzzz) 'Housing subsidy' - any government financial assistance provided to a family unit for rent such as, but not limited to, payments under (See Family unit);
(i) The U.S. Housing Act of 1937.
(ii) Title V of the Housing Act of 1949, as amended.
(iii) The National Housing Act.
(iv) The Department of Housing and Urban Development (HUD), which includes Indian and public housing, section 8 new and existing rental housing and section 236 rental housing.
(aaaaaa) 'HUD escrow account' - an account established by HUD under the Family Self-Sufficiency (FSS) Program. The participating families will have a portion of any rent increase which resulted from increased earnings credited to the account.
(bbbbbb) 'Illegal alien' - a foreign national who is ineligible for a performance payment and who:
(i) Entered the U.S. without inspection or with fraudulent documentation; or
(ii) After entering legally as a nonimmigrant, violated status and remained in the U.S. without permission.
(cccccc) 'Immediate family member' - with the approval of the work program case manager and/or EAS:
(i) For good cause for untimely reporting and for noncompliance with the work program, the family member must be a parent, child, grandparent, sibling or other close relative; or
(ii) When caring for an incapacitated relative, the family member must be a grandparent, parent, child, or sibling.
(dddddd) 'Immigration and Naturalization Act (INA)' - P.L. 99-603.
(eeeeee) 'Immigration and Naturalization Service (INS)' - the U.S. agency responsible for admitting and assigning residence status to people entering the U.S. from other countries.
(ffffff) 'Incapacity' - a physical or mental defect, illness or impairment sufficiently serious to eliminate or substantially reduce the parent's ability to participate in employment, job search, or a training or educational program.
(gggggg) 'Incest' - knowingly committing sexual intrusion or sexual contact with an ancestor or descendant or a brother or sister of the whole or half blood. (W.S. 6-4-402.)
(hhhhhh) 'Income' - money received from any source, excluding any item specified as a resource.
(i) Earned income - payment received in cash or in-kind for wages, salary, tips, commissions as an employee or net profit from self-employment activities. Earned income will be the total before deductions for personal or employment expenses and excludes the meal allowance used to compute Federal Insurance Contribution Act (FICA).
(ii) Exempt income - money set aside or free from program policy or limits; not counted.
(iii) Fluctuating income - income that varies in frequency of receipt or income that varies in amount each month due to:
(A) Working overtime.
(B) Hourly pay with varying hours.
(C) Receipt of tips or commissions.
(D) Changes of hours or pay-rate.
(E) Decrease or increase in hours of work due to vacations, sick leave or seasonal employment.
(iv) Gross income - the total money the person is entitled to receive prior to any deductions, such as Social Security withholding tax, etc.
(v) In-kind income - the receipt of a good(s) or a service(s) instead of money. In-kind earned income will be countable when the applicant or recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance.
(vi) Net income or profit - gross earnings from self-employment minus current business expenses.
(vii) Nonexempt income - all countable money received to which the program policy limits are applied.
(viii) Stable income - income received in a set or fixed amount from the same source(s) on a regular basis.
(ix) Unearned income - all money received which is neither earned by providing goods and services nor defined as a resource.
(iiiiii) 'Income producing property' - property essential to the production of goods and services including stock (merchandise), inventory, tools, equipment, trucks, cars, earth moving equipment, etc. This does not include real property, such as rental property, business property and farm land.
(jjjjjj) 'Incomplete report' - any information furnished in writing, in person or by phone which concerns a change in circumstances but is insufficient to verify and/or act upon the change.
(kkkkkk) 'Indian land' - real property:
(i) Owned solely or jointly by an Indian tribe; or
(ii) Which can be sold only with the permission of other individuals, an Indian tribe or the Bureau of Indian Affairs.
(llllll) 'Individual Responsibility Certificate of Understanding (IRCU)' - the document which must be signed by all applicants and recipients. The IRCU describes the required performance standards which must be met to receive a POWER performance payment. The applicant or recipient indicates if she/he agrees, or does not agree, to comply with each requirement.
(mmmmmm) 'Individual Responsibility Plan (IRP)' - the document mutually agreed to by the POWER job seeker and the CM. The IRP summarizes the strategy developed toward the job seeker's obtaining private sector employment while meeting the work program performance standards. (Section 408 of the Public Law 104-193.)
(nnnnnn) 'Individual Retirement Account (IRA)' - a pension or plan that permits individuals to set aside savings that are tax free until retirement.
(oooooo) 'Ineligible' - not entitled to receive a POWER performance payment due to not meeting one or more of the child support, work or eligibility performance standards.
(pppppp) 'Ineligible legal alien' - any alien who does not meet the definition of a qualified alien or meet the criteria specified in Title IV, Subsection D, Sections 431 and 435 of the Public Law 104-193.
(qqqqq) 'Initial eligibility determination' - the first time act of evaluating each eligibility and performance standard for a family member who applies for POWER and finding the case eligible or ineligible.
(rrrrr) 'Initial qualification' - the date an individual is eligible for her/his first POWER performance payment after the POWER implementation date of January 2, 1997. The months following count toward the ten (10) month initial qualification rule for adding a person whether a payment is received or not. The performance payment cannot exceed the highest maximum payment level used in the ten (10) month period.
(ssssss) 'In-kind earned income' - see Income.
(tttttt) 'Institution' - an establishment that furnishes (in single or multiple facilities) food, shelter and/or some treatment or services to four (4) or more persons unrelated to the proprietor.
(uuuuuu) 'Insurance settlements' - the money received from a company for damage of property or person. Insurance payments to repair or replace damaged property are a resource but become a lump sum payment when all or part of the money is not used for the purpose intended. Insurance payments for trauma are income.
(vvvvvv) 'Intact family' - an family assistance unit consisting of both natural or adoptive parents and their children living together in a home and not necessarily married.
(wwwwww) 'Intentional program violation (IPV)' - the action of making a false or misleading statement, a misrepresentation, concealment or withholding of facts. The purpose of the IPV is to:
(i) Establish or maintain eligibility for POWER, Food Stamps or Medicaid to which the family is not entitled; or
(ii) Increase, or prevent a reduction, of the amount of the performance payment or benefits.
(xxxxxx) 'Internal Revenue Service (IRS)' - the U.S. government tax collection agency.
(yyyyyy) "Job readiness activities" - center on pre-employment preparation, such as work behavior, attitudes, interviewing skills, life skills, etc.
(zzzzzz) "Job search" - the activities included in the job search work activity include:
(i) Developing job seeking skills. (ii) Receiving information and counseling concerning job availability and job search. (iii) Participating in job club. (iv) Completion of job applications. (v) Setting up and participating in job interviews. (vi) Accepting job offers. (vii) Maintaining employment. (viii) Not voluntarily reducing work hours.
(aaaaaaa) "Job seeker" - a participant in the POWER work program.
(bbbbbbb) "Job skills training" - the short-term skill training to increase the skills of an employee:
(i) Provided by an employer as part of the job seeker's employment; or (ii) Available in the community outside the regular work hours; and (iii) Is not the same as vocational training.
(ccccccc) "Job Training Partnership Act (JTPA)" - the 1982 federal training act, as amended.
(ddddddd) "JOBS Automated System (JAS)" - the DFS computer system for the work and child care programs.
(eeeeee) 'Joint custody' - the result of a divorce action which gives each parent the right to care for the child during specific time periods which are close to being equally split between both parents. (See Primary caretaker.)
(ffffff) 'Knowledgeable source' -
(i) A person who has a considerable degree of familiarity of a subject gained through experience with or association with the individual or subject.
(ii) For evaluation of a resource, a person who is professionally aware of the value of the property in the community.
(ggggggg) 'Late reporting' - information not immediately furnished when the change becomes known to the client; or verifications which are not furnished within the allowable time frames.
(hhhhhhh) 'Law enforcement' - persons or agencies who require compliance with the principles and regulations established in a community under the authority of state and/or federal legislation and enforced by judicial decision.
(iiiiiii) 'Legal guardian' - a person who has been appointed by the court to have custody of and to care for a person.
(jjjjjjj) 'Living with' - for the purposes of a dependent child, the act of residing with a relative in a home maintained or in the process of being established as her/his own residence.
(kkkkkkk) 'Loan' - a loan is a debt the borrower has an obligation to repay. A bona fide loan is one where there is a written agreement to repay.
(lllllll) 'Lump sum' - ~~anonrecurring (one time only)~~ payment of earned or unearned money. This includes payment of retroactive benefits such as, but not limited to, RSDI, lottery winnings, Unemployment Insurance Benefits, cash inheritances or worker's compensation awards. The lump sum will be the total amount received less legal fees required to make the money available and less the amount designated by the payer or source for medical expenses.
(mmmmmmm) 'Maintenance' - see Care and control.
(nnnnnnn) 'Mandatory' - a person(s) required to meet specified provisions with the law, rules and/or policy.
(ooooooo) 'Mass change' - the act of affecting appropriate cases by issuing a new or revised policy caused by a change in state or federal law.
(ppppppp) 'Maximum payment level' - the maximum performance payment for a family unit.
(qqqqqqq) 'Medicaid' - a federal and state program of medical assistance for eligible low income persons established under Title XIX of the Social Security Act, as amended.
(rrrrrrr) 'Medical professional' - a licensed physician, a licensed mental health professional or a medical person supervised by a licensed physician or mental health professional.
(sssssss) 'Mental health professional' - a licensed psychologist, psychiatrist or mental health practitioner employed by a public or private human services organization or in private practice.
(ttttttt) 'Mentally/physically disabled/incapacitated' - see Physically or mentally disabled or incapacitated.
(uuuuuuu) 'Military allotment' - see Support.
(vvvvvvv) 'Minor parent' - a mother or father who is under the legal age of eighteen (18) according to the Tax Reform Act of 1986 (Public law 99-514).
(wwwwwww) 'Minor parent provision' - the requirements a minor parent must meet per W.S. 42-2-103 to be eligible for a POWER performance payment. (Section 408 of the Public Law 104-193 and W.S. 14-1-101 concerning age of majority.)
(xxxxxxx) 'Month' -
(i) Performance month or period - the fifteenth (15th) of one month through the fourteenth (14th) of the following month;
(ii) Performance payment month - the payment received on the first of the month following the performance period and paid for compliance during that performance period. ~~calendar month for which an AFDC grant will be paid or for which AFDC will be authorized (aka benefit month).~~ (yyyyyyy) 'Month received' - the calendar month in which the payer or source made the money available or the individual received the money in hand, whichever occurs first. Social Security benefits and Supplemental Security Income, when received at the end of the month for the following month, count in the following month. POWER payments are considered received in month the POWER warrant was issued.
(zzzzzzz) 'Necessities' - those items reasonably required to sustain life (food, clothing, shelter, health and medical needs).
(aaaaaaa) 'Need' - the lack of money to purchase essential items to sustain life and measured by the ~~maximum POWER payment standard of need/payment standard~~.
(bbbbbbb) 'Need allowance' - the amount of money allotted to cover the needs of a person which is determined by using the ~~maximum POWER payment stand~~ for the household size.
(ccccccc) 'Net profit' - the gross receipts, less the current business expenses. (See Business expenses.)
(dddddddd) 'Noncooperation' or 'noncompliance' - the act of refusing or failing to comply with a child support, work program or eligibility performance standard.
(eeeeeeee) 'Nonexempt' - (countable) a category of income or resources to be used in budgeting or to which the program policy and limits are applied.
(ffffff) 'Nonperishable work activity expenditure' - include items such as tools which cost more than one hundred dollars ($100) and which retain a high resale value.
(gggggggg) 'Notice of action' - a written statement which informs the applicant or recipient of the intended action.
(i) The action may include the:
(A) Manner of payment;
(B) Amount of payment; (C) Period of eligibility; (D) Reason and specific regulation supporting the action; (E) Date the action will occur; and (F) A statement of the person's right to request a hearing.
(ii) The types of notices are:
(A) Adequate notice - a notice of action mailed to be received no later than the date of action or the date the payment would have been received.
(B) Five day notice - a notice of action mailed at least five (5) days before the action would become effective when the agency obtains facts indicating assistance should be reduced or terminated due to possible fraud of the applicant or recipient.
(hhhhhhhh) "Ongoing income" - money received on a regular basis, no less frequently than monthly, and expected to continue.
(iiiiiii) "Open case" - a family unit on EPICS in a payment, or Medicaid status or a recipient or unit with a zero performance payment.
(jjjjjjj) "Overpayment" - performance payment or work activity expenditure received by or for a family unit which exceeds the amount for which the family was eligible.
(kkkkkkkk) "Parent" - a natural, legal, step or adoptive mother or father of any age. Under W.S. 14-2-102(a)(iv), a person is presumed to be the father when he receives the child into his home and openly holds out the child to be his natural child.
(lllllll) "Parental support" - providing to one's child the necessities such as food, clothing, housing, health and medical needs and usually meant to be provided by expenditure of money or by in-kind unearned income.
(mmmmmmmm) 'Parental care/physical care' - in its general usage, mean physical custody which means charge of, oversight of and responsibility for the safety and well being of a child. Physical custody implies living together or in the same household with the child(ren).
(nnnnnnnn) 'Participating in a strike' - taking part in a work stoppage or slowdown either legally or illegally.
(oooooooo) 'Paternity' - a legal relationship existing between a child and his natural, legal or adoptive father.
(pppppppp) 'Pay-After-Performance' - receipt of a cash payment after the nonexempt person(s) has met the child support, work program and eligibility requirements for the performance period.
(qqqqqqqq) 'Payee' - the person in whose name the performance payment is issued.
(rrrrrrr) 'Payment' - the act of giving a check or warrant to the grantee or the legal representative.
(ssssssss) 'Payment standard' - the budget test in which the countable income of the POWER family unit is subtracted, adjusted by household size, and arrived at by applying ratable reduction to the standard of need.
(tttttttt) 'Performance payment' - money paid to a family unit who has met the POWER performance requirements.
(uuuuuuuu) 'Performance pPayment month' - see Month.
(vvvvvvvv) 'Performance period' - see Month.
(wwwwwwwwww) 'Performance requirement or standard' - a specified eligibility, child support or work condition an applicant or recipient must meet in order to receive a performance payment. (See Child support performance requirements, Eligibility performance requirements and Work program performance requirements.)
(xxxxxxxxx) 'Periodic review' - a face-to-face interview held at least every six (6) months to redetermine all eligibility, child support and work program performance requirements and establish a new best estimate of income, when applicable.
(yyyyyyyy) 'Perjury' - a willful false statement of a material fact, swearing to what is untrue or omitting to answer all questions under oath.
(zzzzzzz) 'Personal injury insurance' - protection purchased from a company for the payment of cash upon the occurrence of injury or accident and is not for repair, replacement or medical expenses.
(aaaaaaaaa) 'Personal property' - all things owned or possessed excluding land and buildings affixed thereto.
(bbbbbbbb) 'Personal Opportunities With Employment Responsibilities (POWER)' - the program set up and partially funded under the Temporary Assistance to Needy Families (TANF) block grant.
(ccccccc) 'Personal Opportunities With Employment Responsibilities--State Adult Student Financial Aid (POWER-SASFA)' - the state funded program for students who were in approved postsecondary education programs on September 30, 1996 and who have continued to meet the educational requirements specific in Wyoming welfare reform statutes.
(ddddddddd) 'Physical care' - the act of attending to the material and natural needs of a child(ren). (See Care and control.)
(eeeeeeee) 'Physical harm' - damage or injury to the body that exists or threatens to exist if a specified event occurs.
(ffffff) 'Physically/mentally disabled/incapacitated' - pertaining to the time limit provision. Verification that substantiates the health of an applicant or recipient is of such severity that it is beyond the individual's capability to obtain or retain employment and/or maintain independence in the community.
(ggggggggg) 'Postsecondary education' - a program of postsecondary instruction directed toward a degree and offered by:
(i) An institution of higher education as determined by the Secretary of Education; or
(ii) A public institution legally authorized by the State of Wyoming to provide such a program.
(hhhhhhhhh) 'Primary caretaker' - the person(s) who provides the care and control of the child(ren) more than fifty percent (50%) of the month and/or year. There must also be an interruption of the absent parent's provision of maintenance, guidance and/or physical care of the child(ren). (See Care and control.)
(iiiiiiiii) 'Program requirement' - the condition(s) that must be met for the family unit to qualify for a performance payment.
(jjjjjjjjj) 'Property' - both real and personal holdings owned by the family unit.
(kkkkkkkkkk) 'Prorate' - divide or distribute proportionally:
(i) ~~A. Based on days of eligibility for initial months of eligibility.~~
To determine months of eligibility because of receipt of lump sum.
(ii)~~G~~ To average income over intended period of use for self-employment or contractual income.
(iiiiiiiii) 'Prospective budgeting' - using the best estimate of the income and circumstances that will exist in a future payment month to determine eligibility and the payment standard and to compute the performance payment.
(mmmmmmmmm) 'Prospective eligibility' - the method of testing income, expenses and circumstances for ~~a future performance~~the payment month against specified conditions or factors ~~when the performance requirements are met.~~ ~~Income is tested against the 185% CAP and payment standard.~~
(nnnnnnnn) 'Protective payee' - the person, other than the caretaker relative, to whom the performance payment will be made. The protective payee will manage the funds for the purpose of safeguarding the health and safety of the child(ren).
(oooooooooo) 'Protective payment' - a performance payment given to an individual, other than the caretaker relative, who receives and manages the performance payment for the caretaker relative and the child(ren).
(ppppppppp) "Public institution" - a governmental establishment that furnishes (in single or multiple facilities) food, shelter and some treatment or services to persons unrelated to the proprietor. For the purposes of the POWER program, in Wyoming these are the:
(i) State Hospital; (ii) Training School; (iii) State Penitentiary; (iv) Women's Center; (v) Honor Farm; (vi) Girls' School; (vii) Boys' School (viii) Community Alternative Centers (CAC); and (ix) City or county jail facilities.
(qqqqqqqqq) "Pursuit" - the act of seeking, obtaining or accomplishing the payment of child support through commonly accepted child support enforcement procedures.
(rrrrrrrr) "Putative" - commonly accepted or supposed.
(sssssssss) "Qualified alien" - (Title IV, Subsection D, Sections 431 and 435 of Public Law 104-193.)
(i) A lawful permanent resident with forty (40) qualified quarters of work (spouse and minor dependent can be credited) without receipt of government benefits; or
(ii) A refugee; or
(iii) An asylee; or
(iv) One whose deportation will be withheld for up to five (5) years upon entry into the U.S.; or (v) A parolee for up to one year after entry into the U.S.
(tttttttt) "Qualifying quarter" - any calendar quarter in which the legal immigrant has qualified work in a job covered by social security and has not received public assistance. Quarters worked by a parent or a spouse may also be credited to the individual in determining the number of qualifying quarters.
(uuuuuuuuu) "Quarter" - three calendar months; January through March, April through June, July through September and October through December.
(vvvvvvvvv) "Ratable reduction" - the percentage by which the standard of need is reduced, as set by the state legislature, to established a payment standard, adjusted by household size.
(wwwwwwwww) "Real property" - land, and generally whatever is erected, growing upon, or affixed to the land.
(xxxxxxxxx) "Reapplication" - the completion of an application in writing requesting a performance payment assistance after being ineligible for POWER. AFDC for more than one payment (calendar) month. Child support forms are required when more than one calendar month has passed.
(yyyyyyyyyy) "Reasonable appraisal" - a value given by a knowledgeable source which will be close in amount to the value of similar property in the community or will be logical using prudent judgment.
(zzzzzzzzz) "Reasonably expected" - the condition of being in agreement with the belief an event will occur.
(aaaaaaaaaaa) "Recipient" - a person who is eligible for and receiving performance payments in her/his their own behalf or in behalf of others.
(bbbbbbbbbb) "Recover" - to collect a performance payment issued or work activity expenditure paid and for which the family unit was not eligible.
(cccccccccc) "Redetermination" - to: (i) Reverify each factor of eligibility;
(ii) Establish a new best estimate of income, when applicable;
(iii) Make a decision of eligibility and payment based on the verified information and performance standards; and
(iv) Enter documentation in the case file when a change in circumstances is reported.
(dddddddddd) 'Reinstate' - to restore the case to eligibility and payment status from Medicaid only or from termination for no more than one full performance payment (calendar) month.
(eeeeeeeeee) 'Relative' -
(i) Any blood relative, including those of half-blood, first cousins, nephews and nieces and persons of preceding generations denoted by prefixes of 'grand' and 'great' are included in this definition.
(ii) Stepmother, stepfather, stepbrother and stepsister.
(iii) Adoptive or natural parents and their adopted or natural children.
(iv) Siblings or half-siblings, including those related through adoption.
(v) Spouses of any person mentioned above are considered relatives even though the marriage may be terminated by death or divorce.
(ffffffff) 'Resident' - a person who lives or dwells in Wyoming with the intent to reside permanently in the state.
(gggggggggg) 'Resources' - all real and personal property owned by a person.
(hhhhhhhhhhh) 'Restitution' - full payment by the recipient to DFS of performance payments or work activity expenditures paid in error.
(iiiiiiiii) 'Retained child support' - money paid by the absent parent for the needs of the child(ren) which is sent directly to the family unit and not reported or turned in to the state. The term will be also used to indicate the amount of child support kept by the CSA.
(jjjjjjjjj) 'Retirement, Survivors and Disability Insurance (RSDI)' - insurance through the Social Security Administration.
(kkkkkkkkkk) ~~'Retrospective budgeting - using the actual, verified income of the second month prior to the payment month under specified conditions to test the CAP and the payment standard and to compute the grant prior to 4/1/94.~~
Room and/or board income' - money received from providing meals and/or rooms.
(iiiiiiiii) 'School' - an elementary school, a secondary school or the equivalent to a secondary school or high school.
(mmmmmmmmmm) "School attendance" - (i) Full-time will be thirty (30) clock hours per week in school; or (ii) Half-time will be fifteen (15) clock hours per week in school; or (iii) Part-time will be half-time or more but less than full-time.
(nnnnnnnnnn) "Shelter costs" - the amount of money required to provide housing (rent, mortgage payments, motel rates, etc.) and/or utilities (water, sewer, heat, electricity).
(oooooooooo) "Shelter included" - the POWER AFDC payment levels used when the family assistance unit pays any portion of their own housing and/or utility costs. Shelter included payment levels also are not* used for the family assistance unit(s) which (See Supplied shelter.):
(i) Receives a government housing subsidy; or (ii) Has a household member who is a relative receiving SSI benefits; or (iii) Comes under the minor parent requirements.
(pppppppppp) "Single parent family" - a family with one custodial parent or, if both parents are in the home, one parent is an SSI recipient.
(qqqqqqqqq) "Six additional months" - for welfare reform, the six (6) month period allowed after completion of an associate or bachelor degree and the months are counted consecutively whether an POWER AFDC performance payment is received or not.
(rrrrrrrrr) "Social Security Administration (SSA)" - a division of the U.S. Department of Health and Human Services that administers federal social security programs.
(sssssssss) 'Social Security number (SSN)' - the account number assigned to all persons who apply and will be used to accumulate work history and contributions for payment of Social Security benefits.
(ttttttttt) 'Sponsor' - any person or any public or private organization that has executed an affidavit of support for an alien as a condition of entry into the United States. (Sections 421, 422 and 423 of the Public Law 104-193.)
(uuuuuuuuuu) 'Spousal support' - see Support.
(vvvvvvvvvv) 'Stable income' - see Income.
(wwwwwwwwwwww) 'Standard of need (SON)' - the dollar amount set by the state legislature allotted for the needs of a person for one month for shelter and/or food, clothing, personal needs, etc. (W.S. 42-2-104).
(xxxxxxxxxx) ~~'Standard of need (SON) - the dollar amount set by the State legislature allotted for the needs of a person for one month for shelter and/or food, clothing, personal needs, etc. (W.S. 42-2-104[c])~~
Statement' - a formal declaration of the circumstance(s) as requested by the agency.
(yyyyyyyyyy) 'Stepparent' - the spouse of a natural or adoptive parent, who is not a natural or adoptive parent.
(zzzzzzzzzz) 'Stepparent contribution' - the amount of money considered available for the POWER AFDC eligible persons after applying the specified disregards to the ineligible stepparent's gross countable income.
(aaaaaaaaaaaa) 'Strike' - any concerted stoppage of work by employees, including a stoppage by reason of the expiration of a collective-bargaining agreement, and any concerted slowdown or other concerted interruption of operations by employees.
(bbbbbbbbbb) 'Subsidized employment' - is employment in which the wages are financed from public funds, including on-the-job-training and work experience through JTPA and DVR or work study programs.
(cccccccccc) "Subsidized housing" - see Housing subsidy. (dddddddddd) "Supervised setting" - a family setting with an adult relative or court appointed guardian or custodian as evidenced by the assumption of responsibility for the care and control of the minor parent and dependent child (ren).
(eeeeeeeeee) "Supplemental Security Income (SSI)" - the program funded under Title XVI of the Social Security Act, as amended.
(ffffffff) "Supplied shelter" - the POWER performance payment level used when all housing and utility costs are provided to the family unit without cost. The supplied shelter payment level is also used for family units receiving government subsidized housing, receiving POWER under the minor parent requirements or receiving SSI family member provision. (See Shelter included.)
(ggggggggggg) "Support" -
(i) Alimony/Spousal support - a court ordered or voluntary payment made to an individual by her/his spouse/former spouse.
(ii) Child support - voluntary or court ordered payment made by an absent parent for her/his child(ren) to assist with day-to-day maintenance.
(iii) Military allotment - the military payment allocated as support for a service person's dependents.
(hhhhhhhhhhh) "Systematic Alien Verification for Entitlement (SAVE)" - the INS program whereby State agencies may verify the validity of documents provided by aliens applying for public assistance benefits.
(iiiiiiiii) "Ten dollar limit" - performance payment computed to be less than ten dollars ($10) and, therefore, no payment will be issued.
(jjjjjjjjj) "Termination" - to close a case and/or individual from the program.
(kkkkkkkkkkk) "Termination of employment" - the permanent loss of an employment position. The employee has no re-employment rights and/or there is no reasonable expectation the employee will be rehired by the same employer in the same or a substantially similar position in the future.
(||||||||) 'Time limitation' - the four academic years not to be exceeded while pursuing completion of vocational training or an associate's degree or the six academic years not to be exceeded while pursuing a baccalaureate degree.
(See Five year benefit limit.)
(mmmmmmmmmmm) 'Timely reporting' - when information is provided either in writing, in person or by phone immediately after the client becomes aware of the change in circumstances.
(nnnnnnnnnn) 'Third Party Query (TPQY)' - an automated system which allows rapid access to SSA and SSI information.
(oooooooooo) 'Transfer' -
(i) The act of moving the right, title or interest in property from one person to another by sale, gift or exchange; or
(ii) The act of sending the case file and moving the EPICS case from one county to another upon request because the family unit moved to another county.
(pppppppppp) 'Two-parent family' - a family consisting of both parents (natural and/or adoptive; stepparent and parent) and their child(ren) living together in a home applying for or receiving a POWER payment. The parents may or may not be married. (See Single parent family.)
(qqqqqqqqqq) 'Two-party check' - a payment made out to the recipient and the person furnishing goods or services and can be cashed only upon endorsement of both parties.
(rrrrrrrrr) 'Unavailable' -
(i) Money from a lump sum incapable of being used for day-to-day needs of the family unit because it was spent or lost as the result of a disaster which was beyond the family's control; or
(ii) Unavailable is also a jointly owned resource the second party refuses to sell and each owner does not have the legal right to sell her/his share; or (iii) The resource is inaccessible because a legal barrier or restriction exists; or
(iv) Income inaccessible to the client because she/he does not have a legal interest in or is tied up in divorce or other legal action.
(ssssssssss) 'Uncompensated value' - the current market value less the gross sale price.
(tttttttttt) 'Underemployed' - the earnings of the client are less than the POWER income level so eligibility for POWER exists.
(uuuuuuuuuuu) 'Undergraduate' - a person who is attending classes at a junior college, college or university and who has not yet attained an associate or baccalaureate degree.
(vvvvvvvvvvv) 'Underpayment' - a performance payment received by or for a family unit which is less than the amount for which the unit was eligible.
(wwwwwwwwwwww) 'Unearned income' - see Income.
(xxxxxxxxxx) 'Unemployed parent' - one parent in a two-parent family who has been unemployed for at least sixty (60) or more days prior to the date of application for a POWER performance payment. (W.S. 42-2-104.)
(i) One parent may be unemployed less than sixty (60) days due to an incapacity and the other parent unemployed or underemployed.
(ii) The unemployment may not be as a result of a voluntary quit situation or a situation where the parent has been fired because of deliberate acts and neither can be a postsecondary student.
(yyyyyyyyyyy) 'United States (U.S.)' - defined in a geographical sense as the continental United States, Alaska, Hawaii, Puerto Rico, Guam, U.S. Virgin Islands and Northern Mariana Islands.
(zzzzzzzzzzz) 'Unpaid principal' - the amount yet to be paid on an agreement to buy or sell.
(aaaaaaaaaaaaa) 'Unsubsidized employment' - is employment in which the wages are not financed from public funds, including entry into employment in a registered apprenticeship program, self-employment and also entry into the Armed Forces.
(bbbbbbbbbbbb) 'USC' - United States Codes.
(ccccccccccc) 'Utilities' - the services provided for water, sewer, electricity, gas and heating fuel.
(dddddddddddd) 'Value' - the monetary worth of a good or service.
(eeeeeeeeeeee) 'Vendor' - a person or business who provides goods or services to a recipient or on behalf of a recipient.
(ffffffffff) 'Vendor payment' - an amount paid on behalf of a family unit which the family unit cannot convert to cash to meet its needs.
(gggggggggggg) 'Verification' - the act of establishing a fact as true by viewing evidence or obtaining a verbal description of the content of the evidence.
(hhhhhhhhhhhhh) 'Verify' - to check, confirm or establish whether a statement or condition is true or accurate by obtaining a copy, viewing a copy or obtaining a verbal description of the content of the evidence.
(iiiiiiiii) 'Veterans Administration (VA)' - the agency of the United States which handles veterans' programs.
(jjjjjjjjjjj) 'Vocational training' - a POWER work activity which is an organized educational program of no more than one year duration. The program must be directly related to the preparation of individuals for employment in a nonprofessional career or for additional preparation for a career but may not lead to a degree.
(kkkkkkkkkkkk) 'Voluntarily assigned' - a decision freely made by an individual to agree to give money to another person or agency for a specified reason or to purchase something.
(iiiiiiiii) 'Warrant' - the written document or check, which authorizes the State of Wyoming to pay the stated amount to the specified person and authorizes the specified person to receive the performance payment.
(mmmmmmmmmmmm) "Work activity expenditure" - is a specifically requested and approved work activity expenditure which assists the job seeker in becoming employed while decreasing dependence on a welfare system.
(nnnnnnnnnnnn) "Work experience" - a training and job experience situation with a private business, a nonprofit organization or public agency for which the participant receives no monetary compensation.
(oooooooooooo) "Work program action center" - the place where the work performance contract staff meet with job seekers, offer job club and job readiness activities and maintain a job network center.
(pppppppppppp) "Work program performance requirements" - includes the mandatory job seeker:
(i) Contacting the work program case manager; (ii) Keeping all appointments; (iii) Complying with the steps and responsibilities in her/his Individual Responsibility Plan; (iv) Registering for employment at ERD; and (v) Following through with referrals to DVR for employment rehabilitation or with SSI applications.
(qqqqqqqqqqq) "Wyoming Opportunities for Work (WOW)" - is an education, training and employment program for Aid to Families with Dependent Children recipients. WOW was terminated in the state of Wyoming January 2, 1997 along with AFDC and AFDC-Unemployed Parent.
(rrrrrrrrrr) "Zero money payment" - a month where no POWER performance payment is made either due to the ten dollar ($10) limit or to overpayment recovery. The individuals receiving zero money payments are considered recipients.
(a) Application/Intake process.
(i) The local DFS-FO will:
(A) Give or mail an application upon request.
(B) Require a separate application for each family unit.
(C) Accept and date stamp a signed application from the applicant upon receipt during regular business hours in the county of residence.
(D) Make arrangements for someone to assist the applicant upon request in completing the application.
(E) Conduct a face-to-face interview with the applicant.
(F) Inform applicants of their rights and responsibilities.
(G) Inform the applicant valid documentation of alien status must be provided within five (5) days from the date of the intake interview for all individuals who are not U.S. citizens.
(H) Inform the applicant of the Pay-After-Performance requirements which must be met before a performance payment can be authorized and of the penalties for noncompliance.
(I) Inform the applicant which family members must come into the office within five (5) days from the date of application to sign the Individual Responsibility Certificate of Understanding (IRCU) as a condition of eligibility.
(J) Provide each mandatory applicant or recipient with an appointment form indicating the dates by which the individual must:
(1.) Register for work with ERD;
(2.) Meet with the work program action center case managers; and (3.) Meet with the child support workers.
(K) Inform the applicant what documents and verifications must be provided within ten (10) days of the intake interview.
(L) Notify the applicant in writing of the decision to approve or deny the application.
(I) The performance payment will be authorized when the Pay-After Performance requirements are met.
(II) The application will be denied immediately upon determination any family unit member did not meet the Pay-After-Performance requirements.
(III) The application will be denied immediately when any family unit member refuses to:
(1.) Assign child support to the state;
(2.) Meet and cooperate with the Child Support Authority in pursuing and obtaining child support; and
(3.) Sign the affidavit of paternity when paternity has not been legally established.
(M) Inform the applicant or recipient they can request a fair hearing if they feel POWER policy was not followed. No POWER performance payment will be authorized pending the hearing decision.
(b) Power program rights.
(i) The applicant has a right to apply for POWER:
(A) Upon request;
(B) On the prescribed form(s) obtained in person or by mail;
(C) During regular business hours; and
(D) In the county of residence.
(ii) The applicant or recipient has a right to be accompanied at interviews and assisted by any person(s) of his/her choice.
(iii) The applicant or recipient has a right to have the application and other personally identifiable information maintained confidential.
(A) Confidentiality regulations are specified in:
(I) W.S. 16-4-203 concerning inspection of welfare program records;
(II) W.S. 42-2-111 concerning prohibited disclosure and use of records;
(III) The Privacy Act of 1974, 5 USC 552(a); and
(IV) Public Law 104-193,
(1.) Section 408 concerning fleeing felons and probation and parole violators;
(2.) Section 411A concerning aliens and immigrants; and
(V) Section 1137 of the Social Security Act, as amended, concerning the Income and Eligibility Verification System which mandates exchange of information with IRS, SSA and the unemployment compensation agency.
(B) The use or disclosure of information concerning clients will be limited to purposes directly connected with:
(I) The administration of DFS programs or SSI. Such purposes include establishing eligibility, determining the amount of the POWER payment, and providing child support, work program and other services for applicants or recipients.
(II) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of such programs.
(III) The administration of any other federal or federally assisted program which provides cash or in-kind assistance or services directly to individuals on the basis of need.
(IV) Any audit or similar activity conducted in connection with the administration of any such program by any governmental entity which is authorized by law to conduct such audit or activity.
(V) The administration of the state unemployment compensation program.
(VI) The administration of the state's worker's compensation program as related to work program job seekers.
(C) DFS will make available, upon request, to any Federal, State or local law enforcement officer the address, SSN and, if available, a photo ID of a recipient if the officer furnishes the recipient's name and notifies the agency the individual:
(I) Is fleeing to avoid prosecution, custody or confinement for a felony;
(II) Is violating a condition of parole or probation; or
(III) Has information necessary for the officer to conduct an official duty related to a felony or parole violation.
(D) DFS and contract staff will report to Child Protection Services and provide all information available regarding the following situations that threaten the minor parent's and/or the child(ren)'s health or welfare. (W.S. 14-3-205.)
(I) Any case involving minor parent and/or a child receiving POWER where there is known or suspected:
(1.) Physical or mental injury; or (2.) Sexual abuse or exploitation; or (3.) Negligent treatment; or (4.) Maltreatment.
(E) DFS will assist law enforcement officials and the family of a minor mother to pursue the filing of criminal charges against the father of the minor mother's child if:
(I) The minor mother conceived her child while under sixteen (16) years of age; and
(II) The father was at least four (4) years older than the minor mother at the time of conception. (W.S. 6-2-304 and Section 906 of Public Law 104-193.)
(III) The EAS is to refer these cases to Child Protection Services for referral to law enforcement. (W.S. 42-2-103.)
(F) DFS will report to INS the name and address and other identifying information on any individual who is known to be unlawfully in the U.S. (Section 411A of Public Law 104-193.)
(G) The following types of information to be safeguarded include, but are not limited to:
(I) The names and addresses of applicants and recipients and amounts of cash assistance provided.
(II) Information related to the social and economic conditions or circumstance of a particular individual including information obtained from IRS and SSA which must be safeguarded in accordance with procedures set forth by those agencies;
(III) Agency evaluation of information about a particular individual; and
(IV) Medical data, including psychological evaluations. All medical information will be directly released by the medical professional. Medical information shall not be released without written authorization from the medical professional.
(H) The family or individual must sign a release of information;
(I) Prior to pertinent information being released for a fair hearing or before responding to requests for information from a government authority or the courts.
(II) Prior to the CM requesting or sharing information relating to the POWER work program performance requirements and prior to requiring attendance at group activities.
(I) DFS will allow materials to be sent or distributed to applicants, recipients, or medical vendors, which are in the immediate interest of the health and welfare of clients. These materials include announcements of free medical examinations, availability of surplus food and consumer protection information.
(iv) The applicant or recipient has a right to:
(A) Be informed about the eligibility factors and the performance requirements which must be met in order to receive a performance payment each month.
(B) Be informed about the rights and responsibilities of applicants or recipients.
(C) Withdraw the application for POWER.
(D) Adequate notice of the decision on the application, on a request for work activity expenditure or any adverse action. (W.S. 42-2-106.)
(E) Be informed of the right to request a fair hearing within thirty (30) days from the date of an adverse notice. The POWER performance payment will not be authorized pending the fair hearing decision. (W.S. 42-2-110.)
(I) The following administrative hearing processes will apply:
(1.) W.S. 16-3-107 through 16-3-112; and
(2.) The Office of Administrative Hearing Rules for Contested Case and Procedure Before the Office of Administrative Hearings; and
(3.) The Department of Family Services Rules for Conduct of Contested Cases.
(F) To request a review of her/his child support case and to request the child support order be amended to reflect the current situation of the child(ren) and her/his parent(s). (Title III-F of Public Law 104-193.)
(v) Specific clients have the following rights:
(A) The job seeker has a right to request a review of a decision to require or deny a specific work activity.
(B) A minor parent has the right to apply on his/her own behalf if:
(1.) She/He is living in the household of a parent; or
(2.) In a supervised setting with an adult relative, a court appointed guardian or custodian.
(C) An emancipated minor or parent age eighteen (18) and over must apply on his/her own behalf and cannot be included in her/his parent's unit, even if living in his/her parent's household.
(D) The applicant or recipient has the right to reapply following denial or termination of the performance payment.
(E) The applicant has the right to apply for non-public assistance child support for a fee when a POWER application is denied.
(F) Native American and other minority clients have the right to equal access to POWER services if the services are not available under a tribal program funded through the Temporary Assistance to Needy Families block grant.
(G) Regular employees have the right to an administrative hearing if they believe they were displaced or replaced by a POWER job seeker in the following situations: (Section 407[f] of Public Law 104-193.)
(I) When on layoff from the same or any substantially equivalent job; or (II) When terminated from the employment as a result of an involuntary reduction in workforce in order to fill the vacancy with a POWER job seeker in an assigned work activity.
(H) Any applicant who is unlawfully in the U.S. has the right to be informed DFS will report her/his, address and other identifying information to INS. (42 USC 611.)
(a) Family unit responsibilities.
(i) The applicant will provide a completed application to the DFS-FO in the form prescribed by DFS. The application will to be dated, completed, and signed under penalty of perjury by the applicant.
(ii) The applicant or recipient and all other mandatory family members must sign the Individual Responsibility Certificate of Understanding (IRCU) as a condition of eligibility.
(iii) The applicant or recipient and all other mandatory family members must register for work at ERD, comply with job search and follow-up on job leads.
(iv) The applicant or recipient and all other mandatory family members must meet the Pay-After-Performance work requirements.
(v) The applicant or recipient must meet the Pay-After-Performance child support requirements, including but not limited to:
(A) Assign any rights to support for anyone receiving POWER and submitting any such support payments to the State.
(B) Cooperate in establishing paternity and pursuing and obtaining support for members of the family unit.
(vi) The applicant or recipient who has a previous overpayment must sign an Installment Contract, as a condition of eligibility and as a performance requirement.
(vii) The applicant or recipient must cooperate with the process of determining eligibility by:
(A) Providing information essential to the decision on eligibility.
(B) Providing documents for required verification.
(C) Providing a Social Security Number (SSN), Social Security card or providing proof of application for a SSN.
(D) Notifying the local DFS-FO and verifying any changes that affect eligibility or the performance payment such as, but not limited to, income, resources, employment, household composition and address.
(viii) The applicant or recipient must report and verify changes immediately during regular business hours, when the change becomes known to the applicant or recipient. (W.S. 42-2-109.)
(ix) The applicant or recipient must apply for and accept income for which the person(s) would be eligible if the person(s) applied such as, but not limited to, RSDI, SSI, Unemployment Benefits and Worker's Compensation.
(x) When the family unit requests an additional year beyond the five (5) year benefit limit due to abandonment or desertion, they must report the abandonment or desertion to, and cooperate with, law enforcement. (W.S. 20-3-101.)
(xi) The applicant or recipient must request the CSA review and request the child support order(s) be amended as the child's or parents' circumstances change. (Title III-F of Public Law 104-193.)
(b) The following individuals or entities have POWER program case management responsibilities:
(i) DFS-FO managers or their designees.
(ii) EAS.
(iii) Work program CM.
(iv) Child support worker.
Section 5. POWER eligibility factors.
(a) Each applicant or recipient will be required to meet each of the eligibility factors to be eligible for POWER.
(i) The Determine whether each applicant or recipient is eligible or ineligible for assistance.
A. Eligible
following persons are potentially eligible unless she/he chooses to receive SSI:
(A1) A dependent child. (Section 408 of Public Law 104-193.)
(B2) A natural or adoptive parent including one who is married to a stepparent.
(C3) A caretaker relative.
(D4) A stepparent who is the only caretaker relative with a natural, step or adopted child in the home and who is in need.
(E) An intact family when there is at least one child in common in the home and the unemployed parent requirements are met.
(F6) 7. The spouse and child(ren) of a parent, for up to three months following the parent's release from an institution, including prison;
8The entire family unit when all members apply for and/or accept income for which they would be eligible.
~~9. The spouse and child(ren) of a convicted offender permitted to live at home while serving a court imposed sentence by performing unpaid public work or unpaid community service;~~
(G
~~8. A parent with a child who receives SSI;~~
~~9. A parent, when the other parent in the home receives SSI, and there is at least one child in common in the home;~~
~~10. The child in the home of a parent receiving SSI;~~
~~10. An unemancipated minor parent(s) who has a child in his/her care and who~~ ~~A minor parent who has a child in his/her care and who~~ resides in the household of a parent or in a supervised setting with an adult relative or court appointed guardian or custodian, unless emancipated;
(I) A minor parent will be referred to the Child Protection Services within DFS in the following situations (W.S. 42-2-103):
(1.) When the minor parent claims no residency with a parent, an adult relative or court appointed guardian or custodian. The minor parent and dependent child(ren) are not eligible for a performance payment until the living situation is resolved.
(2.) When the only available household contains an individual convicted of or charged with incest and the charges have not received final disposition as stated in W.S. 6-4-402. The case will not be denied.
~~(H12. A caretaker relative, other than the natural or adoptive parent(s), with a child who is receiving Federal, State or local foster care maintenance payments. The needs and income of the child who receives foster care payments cannot be considered in determining the amount of the assistance payment and the caretaker relative is subject to all eligibility factors.~~
B) An eligible person(s) cannot be any of the following:
Ineligible
Consider the following persons ineligible:
~~1. Any person who chooses to receive SSI;~~
~~2. A caretaker relative who is not the primary caretaker of the child(ren);~~
~~3. Any person affected when the preponderance of evidence indicates the absent parent is in the home and the deprivation factor is not met under another category;~~
~~4. The absent parent returning to the home when released from an institution, including prison;~~
5. ~~A stepparent unless the stepparent is the only caretaker relative in the home and is in need;~~
6. ~~The entire assistance unit when a member refuses to apply for and/or accept income for which he/she would be eligible;~~
(I) An ineligible legal alien.
(II) 9. ~~A person(s) who is ineligible due to a lump sum payment~~
A person(s) who is an inmate in a public institution.
(III) 12. ~~A person who has been sanctioned due to noncooperation with WOW, child support or welfare reform requirements;~~
13. ~~A person disqualified for fraud or found guilty of intentional program violation for the time period specified in 5007.05;~~
14. ~~All persons in the assistance unit when the eligibility factors for adding a newborn are not met during the month following the month of birth;~~
15. ~~Persons in the assistance unit for whom verification of age, relationship or citizenship has not been provided within the 45 day processing period when the caretaker relative is cooperating in attempting to obtain the required verification. If the caretaker relative does not cooperate in obtaining the required verification, find the entire assistance unit ineligible;~~
A person eligible for and receiving IV-E or other federal, state or local foster care payments other than a voluntary placement when temporary absence is met.
(IV) A child for whom adoption assistance payments are provided. This exclusion does not apply if excluding the child from the family unit would reduce the performance payment.
(V) An applicant or recipient, case or person for the month the needs have been covered by cash assistance in another state.
(VI) A family unit member is ~~A person~~ participating in a strike.
(VII) Any individual who:
(1.) Is a fugitive felon (Section 408[a][9] of Public Law 104-193);
(2.) Is a parole violator (Section 408[a][9] of Public Law 104-193);
(3.) Is an illegal alien (Title IV-B of Public Law 104-193); or
(4.) Has been convicted of a felony for a drug related activity after January 1, 1997 (Section 115 of Public Law 104-193).
~~(ii)a. The striker is the caretaker relative, the entire family is ineligible; or~~
~~b. The striker is an eligible child, only that child is ineligible.~~
~~20. An alien sponsored by a public or private agency or organization for a period of three years from the date of entry, with the exception of those aliens who have been:~~
~~a. Sponsored by an agency or organization that no longer exists; or~~
~~b. Sponsored by an agency or organization that no longer has the financial ability to meet the alien's needs.~~
~~— Each person applying for POWER assistance must be a resident of Wyoming. (W.S. 42-2-108.)~~
(A) A person is a resident of Wyoming, who is:
(I) A child living with a caretaker relative who is a resident of Wyoming; or
(II) A caretaker relative who:
(1.) Is living in the state voluntarily, with the intention of making her/his home here and not for a temporary purpose;
(2.) Is not receiving cash assistance from another state; and
(3.) Entered Wyoming with a job commitment or to seek employment (whether or not currently employed).
(B) Residence continues until it is established elsewhere by the individual.
(C) A lack of a permanent dwelling or lack of a fixed or home address does not act as a barrier to receipt of a POWER performance payment cash assistance as long as residence is met.
~~45 CFR 233.39;~~ (iii) Each child applicant or recipient must meet the age factor. (W.S. 42-2-104.)
(A) Each child must be between birth and less than age eighteen (18); or
(B) If age eighteen (18), the child must be attending high school full-time and expected to graduate before reaching age nineteen (19).
(iv) Each child applicant or recipient, including a minor parent, must meet the school attendance factor. (W.S. 42-2-104 and W.S. 42-2-202.)
(A) The parent(s) of a child, including a minor parent, age fifteen (15) and under or who has not yet completed the eighth (8th) grade must require the child and/or minor parent to be currently enrolled and physically attending school full-time.
(B) A child, including a minor parent, age sixteen (16) or older or who has completed the eighth (8th) grade and not graduated must be:
(I) Currently enrolled and physically attending high school full-time; or
(II) Complying with the work program performance requirements. ~~Referred to WOW.~~
(C) A POWER performance payment will not be authorized for the performance period when compliance with the child educational Pay-After-Performance requirements under (A) and (B) above are not met. ~~Remove the needs of the child(ren) when notified by WOW to sanction the individual due to noncooperation but DO NOT terminate the grant when the only eligible child is sanctioned by WOW.~~
(D) To continue to be eligible, a child age eighteen (18) in the POWER family unit must be:
(I) Currently enrolled and physically attending high school full-time; and (II) Expected to graduate from the school or program before reaching the age of nineteen (19); and (III) Maintaining a "C" or equivalent cumulative grade point average. (E) A dependent child who is not mandatory for the POWER work requirements will be eligible when not attending school because of official vacations, illness, convalescence or family emergency. (See Section 7.) (F) A dependent child who is mandatory for the POWER work requirements must seek and accept employment during summer breaks if not enrolled in summer school full-time. (v) Each applicant or recipient must meet the SSN/Enumeration eligibility factor by: (A) Providing a SSN and card; or (B) Providing a Social Security number; or (C) The SSN has been received from SSA on a TPQY or a SSA 1610; or (D) Providing verification the SSN was applied for at the hospital at the time of birth of the child; a number, but cannot produce a card and the SS-5 has been completed; or (E) Providing a receipt from SSA showing application has been made for an SSN; completed for the person who cannot provide a SSN or produce a card or for the individual who has never had a SSN; or or (F) Reapplying for assistance within two years of termination and the SSN has been previously validated with evidence which is still available. (vi) Each applicant must meet the identity eligibility factor by providing identification prior to being found eligible.
(vii) Each applicant or recipient must meet one of the following citizenship or alienage eligibility factors to qualify for a performance payment.
(A) A U.S. citizen meets the citizenship eligibility factor.
(B) Legal aliens who have been honorably discharged, U.S. veterans or currently in active duty in the U.S. military, their spouses and unmarried dependent children meet the eligibility alienage factor.
(C) Aliens who have worked forty (40) qualifying quarters of coverage under Title IV, Section 435 of Public Law 104-193 or can be credited with such qualifying quarters meet the eligibility alienage factor.
(I) Qualifying quarters include a quarter:
(1.) When the parent of the alien worked while the alien was under eighteen (18);
(2.) Worked by the alien; and/or
(3.) Worked by the alien's spouse.
(II) Qualifying quarters do not include any quarter in which the alien received assistance through the federal government such as, but not limited to, public assistance, medical or housing assistance, food stamps or social services.
(D) The following legal aliens meet the eligibility alienage factor for up to five (5) years after obtaining the designated status:
(I) Refugees admitted under section 207 of the INA;
(II) Asylees admitted under section 208 of the INA; and
(III) Aliens whose deportation has been withheld under section 243(h) of the INA.
(E) Qualified aliens admitted under section 212(d)(5) of the INA as a parolee meet the eligibility alienage factor for up to one (1) year upon entry into the U.S. (Title IV, Subsection D, Section 431 of Public Law 104-193.)
(F) All alien applicants must present original documentation of alien registration or another form of documentation the issuing agency determines is reasonable evidence of the alien's immigration status or an Alien Registration Number (A-Number).
(G) The family unit will be ineligible when any household member indicates an unwillingness to provide documentation of alien status.
(viii) EAS shall document the use of SAVE in the case file: a. When the EAS is waiting for a response from SAVE, the case file shall contain either a notation showing the date of the EAS's transmission or a copy of the INS Form G-845 sent to INS. b. Once the SAVE response is received, the case file shall show documentation of the Alien Status Verification Index (ASVI) Query Verification Number and contain a copy of the INS Form G-845. c. Whenever the response from automated access to the ASVI directs the EAS to initiate secondary verification, the case file shall show documentation of the ASVI Query Verification Number and contain a copy of the INS Form G-845.
The applicant or recipient must meet the relationship eligibility factor by requiring the caretaker to be a relative to the child(ren).
(ix) Each family unit must meet the parent in or out of the home eligibility factor.
(A) The two-parent family will meet the parent in or out of the home criteria if (W.S. 42-2-104):
(I) Both parents are living in the home; and (II) There is a child in common; and (III) At least one parent is unemployed or underemployed.
(1.) One parent must have been unemployed for at least sixty (60) calendar days; or (2.) One parent could have been unemployed less than sixty (60) calendar days due to an incapacity and the other parent must be unemployed or underemployed; and
(3.) Neither parent has refused a bona fide job offer of employment or training for employment or voluntarily terminated employment without good cause within the sixty (60) calendar day period; and
(4.) Neither parent is in postsecondary education; and
(5.) The mandatory parent(s) must cooperate with the Pay-After-Performance work requirements.
(B) The single-parent family unit will meet the parent in or out of the home criteria if:
(I) One parent in the family unit is an SSI recipient; or
(II) One parent is not living in the home and cannot be counted on to function in the planning for the physical care, guidance and maintenance of the child(ren). The continuous absence must not be the result of:
(1.) A temporary absence of the parent who is expected to return within thirty (30) days.
(2.) Joint custody which is equally split between the parents and no primary caretaker exists.
(3) The performance of active duty in the armed services of the U.S.
(4.) Solely for employment, school, or training.
(III) The caretaker relative names the the absent parent or all possible absent parents, or explain why the name is not known and establish a protective payee.
(x) 3. ~~Convicted Offender~~ 45 CFR 233.90
~~Find the deprivation factor met when one spouse of an intact family is a convicted offender.~~
The applicant or recipient must meet the 'living with a relative' eligibility factor by being a relative of the child (W.S. 42-2-104); and
(E)3 Establishing the child(ren) is temporarily out of the home. During the temporary absence:
(I) The caretaker relative must remain responsible for the care and control of the child(ren); and
(II) The absence must be for no more than ninety (90) days and verification has been provided the child(ren) is expected to return to the home within ninety (90) days; and
(III) The child has been placed in foster care under a DFS Voluntary Placement Agreement; and
(IV) The POWER payment for the child will not be continued when a child is in foster care under a court order or court involvement.
(xi) The resource eligibility factor must be met for each eligible child, each ineligible child in the family unit, the ineligible parent and/or the eligible parent or eligible caretaker relative, the ineligible legal alien and all disqualified family members.
(A) All the combined resources of the family unit will not exceed the appropriate resource limit as follows (W.S. 42-2-202):
(I) The resource limit of the family unit not to exceed two thousand five hundred dollars ($2,500) when the applicant or recipient is in compliance with, or exempt from, the POWER work program performance requirements; or
(II) The resource limit of the family unit not to exceed one thousand dollars ($1,000) when any family member is disqualified/s; and
(III) The family unit will have up to ninety (90) days to reduce the resources to one thousand dollars ($1,000) when no longer in compliance with the work program performance requirements or no longer exempt.
(B) The cash value, unpaid principal or fair market value less legal encumbrances will be used to determine the equity value of the nonexempt resource.
(C) The applicant or recipient must obtain appraisals when the value of the resource(s) causes ineligibility and is disputed by the applicant or recipient.
(D) The resource will not be exempted when exempt and nonexempt funds are commingled.
(E) The following resources will be exempt from the resource limit:
(I) Resources that are specifically exempted under Public Laws. (See Appendix D.)
(II) Advanced Earned Income Credit (AEIC) will be exempted in the month received and the following month. Any remaining portion shall be considered a nonexempt resource in the third month.
(III) One duly registered motor vehicle used as the primary transportation with an average trade-in value of less than twelve thousand dollars ($12,000). Any amount over eleven thousand nine hundred ninety-nine dollars and ninety-nine cents ($11,999.99) will count toward the appropriate resource one thousand dollars ($1,000) or two thousand five hundred dollars ($2,500) limit. (W.S. 42-2-109.)
And subtract any legal encumbrances, d. And exempt $1,500 equity value for one vehicle only (IV) A bona fide formal funeral agreement, burial trust or contract of no more than one thousand five hundred dollars ($1,500) for each person in the family unit. The funds are no longer exempt if withdrawn for a purpose other than burial.
(V) ~~as follows:~~ One burial plot for each person in the family unit.
(VI) Earned Income Credit (EIC) in the month received and the following month. Any remaining portion shall be considered a nonexempt resource in the third month.
(VII) A home which is the current place of residence including the building and land upon which it is located, the land that appertains the home and all the buildings and/or mobile homes located thereon.
(VIII) The household furnishings which are essential for day-to-day living.
(IX) A HUD escrow account which was established under the Family Self-Sufficiency Program for participants receiving housing assistance.
(X) The income producing property of a self-employed client such as merchandise and inventory, tools, equipment, vehicles, etc., excluding real property such as rental property, business property and farm land. If the applicant or recipient is unemployed, she/he must be reasonably expected to return to that line of work before the exemption can be applied.
(XI) Indian judgment funds appropriated in satisfaction of judgments of the Indian Claims Commission or Claims Court in favor of any Indian tribe, band, etc., (see Appendix D) to include:
(1.) Cash retained after the month of receipt to the extent it does not exceed two thousand dollars ($2,000) per individual in total; and
(2.) Stock (including stock issued or distributed by a Native Corporation as a dividend or distribution on stock); and
(3.) A partnership interest; and (4.) Land or an interest in land (including that received from a Native Corporation as a dividend or distribution on stock); and
(5.) An interest in a settlement trust.
(XII) Insurance settlements for damaged property for a period of ninety (90) days after receipt or until the client makes a decision not to repair or replace the property, whichever happens first. When the insurance settlement is not used for or exceeds the cost of replacement or repair, the entire amount or the excess it will be considered a lump sum payment.
(XIII) Joint bank accounts for the month following the month of deposit when the applicant or recipient cannot legally withdraw the funds from the account.
(XIV) Loans or educational loans from exempt loans or exempt educational loans, grants or scholarships when not commingled with nonexempt moneys.
(XV) The POWER AFDC underpayment in the month received and the following month. Any remaining portion shall be considered a nonexempt resource in the third month.
(XVI) Property:
(1.) That has a barrier to sale;
(2.) That is not available; or
(3.) Of an SSI recipient, an ineligible stepparent, ineligible parent(s) of a minor parent, ineligible caretaker relative (other than a parent) and child(ren) not in the family unit.
(XVII) 18. ~~Real property - for up to six months under the following conditions:~~
a. ~~Verify the family is making a bona fide effort to sell the property for no more than current market value; and~~
b. ~~Require the owner of the property to sign:~~
~~(1) An agreement to sell the property, and~~
~~(2) A Recovery Agreement/Ownership of Real Property form (DFS 505) to agree to pay back the AFDC received during the period of the exemption.~~ c. Consider the case eligible for AFDC for any portion of the six months when the net proceeds of the sale added to all other nonexempt resources do not exceed the appropriate resource limit. d. Inform the applicant or recipient all AFDC paid will be recovered when the family becomes ineligible for AFDC for any other reason. (1) Determine if the property has been sold or the "good faith" effort to sell continues at the time of the periodic review. (2) Calculate the overpayment and initiate recovery if the property has been sold. The family has five working days to repay after cash from the sale is realized. (3) Calculate the overpayment beginning with the month of "good faith" effort ceases if the property has not been sold and the recipient is no longer making a "good faith" effort to sell the property. (4) Calculate the overpayment beginning with the month of the sale using the fair market value determined at the beginning of the six month period if the property was intentionally sold at less than fair market value as a "good faith" effort was not made. (5) Allow the assistance unit three month extension if the property has not been sold but the recipient continues to make a "good faith" effort to sell the property. (6) Realize recovery cannot exceed the proceeds of the sale. (OTAS - RP) Savings of a dependent child from the earned income of the child, excluding a minor parent, who is a full time secondary student under the age of eighteen (18). The savings must be designated for future educational purposes and not commingled with nonexempt funds. (W.S. 42-2-202.)
(F) The resource is nonexempt when it is owned by the parent, the eligible caretaker relative or the eligible child(ren) and is available when;
(I) No legal barrier or restriction exists; and (II) The document shows it is owned solely by the applicant or recipient. (III) The applicant or recipient can withdraw funds, sell the resource or owned interest in the resource or dispose of the resource in any way. (IV) The resource is owned by more than one person but the applicant or recipient can access the resource, or a portion of the resource, without the permission of the co-owner(s) even when a statement of refusal to sell is furnished.
(G) The resource will be considered unavailable when:
(I) The document, signature card, etc., stipulates more than one signature is needed to withdraw or convert all or part of the resource to available cash.
(II) The applicant or recipient was unaware of his/her ownership in the resource and did not have the opportunity to become aware of it.
(1.) The applicant or recipient bears the burden of proving each member of the family unit was unaware of the resource and none had the opportunity to become aware of it.
(2.) The resource will be considered unavailable only for the period of time for which the individual can demonstrate such unawareness or lack of opportunity to become aware of the existence of the resource.
(III) The policy relating to availability of a resource applies to resources within the state of Wyoming. If the resource is located out of Wyoming, the laws in that state will apply.
(H) Resources acquired during the performance period which exceed the resource limit will cause ineligibility for the same performance period.
(I) ~~T45-CF~~he income and resources of the sponsor of an alien, and the sponsor's spouse, are deemed to be one hundred percent (100%) available to the alien. These are deemed until the alien(s) becomes a citizen or until forty (40) qualifying quarters of work without receipt of government benefits exist.
~~1. Determine the total amount of the sponsor's nonexempt resources. a. Exempt the home. b. Exempt the personal property, clothing, electrical appliances and furniture of the sponsor's household which is essential for day-to-day living.~~
(J) ~~c. Exempt the first $1,500 equity value on one motor vehicle. Allow the sponsor a deduction of $1,500 from the combined~~ nonexempt resources2. Deem the remaining amount of resources by dividing it equally among the sponsored alien3. Determine whether the deemed resources plus the resources the alien(s) oA transfer of a nonexempt resource for less than fair market value which occurred within the twenty-four (24) months prior to application will be exempt if the transfer was (W.S. 42-2-112):
(I) A settlement of a legally enforceable debt;
(II) The clearing title to property in which the client had no beneficial or enforceable interest;
(III) The c. Property used as a home for another piece of property, to be used as a home (see I., Exchange of Home Property); equity in property which was owned jointly, and through a court action the other owner was granted the equity in the property; and
(IV) The property was an exempt resource at the time of transfer.
(K) The penalty for transferring the nonexempt portion of a resource when the applicant or recipient cannot provide proof the transfer occurred for reasons other than gaining or maintaining eligibility will be determined as follows:
(I) Determining the equity amount by deducting the amount of the lien(s) and the unpaid principal of the mortgage or loan existing against the property from the transferred uncompensated value; and
(II) Dividing the uncompensated equity value by the maximum payment level amount for the family unit size; and
(III) The resulting whole number will be the number of full months the household will be ineligible, which cannot exceed six months.
(IV) The ineligibility will begin with the month the transfer occurred.
(L) I. Exchange Of Home Property
Allow an applicant or recipient to sell and buy or exchange ownership of a home for another home under the following conditions:
1. Require a purchase contract or other evidence to establish the purchase.
2. Require the exchange or home construction to be completed within six months from the date the contract was executed.
3. Allow an extension of the six months upon approval of the DFS-FO manager and document the approval in the case file.
4. Exempt the proceeds from the sale until purchase, exchange or construction is completed or the six month period ends.
5. Evaluate the resources upon completion of the exchange. a. When the old and new property are of equal value, there is no effect on eligibility. b. When the new property is of less value, consider the difference a resource. c. When the value of the new property is greater than the old property, establish where the additional money was obtained to evaluate as possible income or resources.
6. Evaluate the resources at the end of the six months when the construction or exchange is not complete. a. Exempt the home into which the client is planning to move, and b. ~~Count the balance of the proceeds from the sale of the previous home. The conversion of the proceeds from the sale of an exempt or a nonexempt resource to cash will be considered as income in the month of conversion. Any money remaining from the conversion will be considered as a resource the first of the following month resource as a resource instead of income and require the~~
(xii) The income eligibility factor must be met by the family unit.
(A) The total income available and each source of income received by the following individuals will be reviewed and a determination made as to ~~and the alien-spons~~ whether the income will be considered as earned, unearned, exempt or nonexempt.
(B) The following general considerations will be used to determine if income is available to the family unit.
(I) Applicants or recipients must apply for and accept income for which they would be eligible if they applied, such as RSDI, SSI, Unemployment Insurance, Workers' Compensation, veterans benefits, child support, etc.
(II) For family groups living together in the same household the income of:
(1.) A spouse is considered to be available to the spouse, and
(2.) A parent is considered to be available for a child, including a minor parent, through age eighteen (18), or up to age nineteen (19) if a full-time student and expected to graduate, except when the minor is emancipated.
(III) Income will be considered in the month in which it is available.
(IV) Income from self-employment, employment on a contractual basis, or income received intermittently on a quarterly, semiannual or yearly basis will be prorated or averaged over the period covered by the income unless not indicative of future months.
(V) Income will be considered as a resource when still available on the first of the month following the month received.
(VI) The garnishment of income is considered voluntarily assigned to pay a debt and will be considered countable income.
(VII) The income of an ineligible alien sibling will be exempt in determining the need of an otherwise eligible dependent.
(C) The following income have specific circumstances which must be applied accordingly.
~~(I)a. Accumulated vacation and sick leave payment paid as a money payment. (EAIN - OT)~~ b. AmeriCorps living allowance (stipend). (EAIN - OT) c. Child care income from the arrangement to care for children on a daily basis for a fee less $.64 per meal per child as a business expense for the meals provided. (SEEI - BA) d. Disability insurance payments - to be considered earned income when such payments are employer funded, paid to an individual who remains employed during recuperation from a temporary illness or injury pending his/her return to the job and specifically characterized under State law as temporary wage replacements. Other types of payments are considered nonexempt unearned income. (EAIN - OT)
In-kind wages:
(1.) The employer or purchaser of the service must make a written statement of the value of the in-kind wages. The statement must be based on what the employer would have paid in cash or what the goods or services are worth. The EAS will use the going rate in the community for the services or the statement, whichever is higher.
(2.) Only items included in the maximum payment level will count and the total value cannot exceed the maximum payment level.
(3.) The shelter included maximum payment level will be used.
(II) f. JTPA program wages, including the Job Corps and summer youth programs when not exempt for a full-time high school student. (EAIN - JA)
g. Wages from jury duty. (EAIN - OT) Net profit from self-employment:
(1.) Business expenses which will be allowed include:
a. Rent, b. Utilities, c. Upkeep of premises, d. Labor, e. Feed, f. Seed, g. Machinery repairs, h. Transportation required to perform the service or deliver the goods, i. Taxes, j. Cost of merchandise and supplies, or k. Any other expense connected solely with the function of the business.
(2.) Rent and utilities will not be an allowable business expense when the business is run in the home except in room and board situations.
(3.) Business expenses will not include such items as:
a. Depreciation, b. Personal expenses, c. Entertainment expenses, d. Personal transportation, e. Purchase of capital equipment, and f. Payments on the principal of loans for capital assets, equipment or vehicles.
(4.) The net profit from the business will be considered as the gross earned income from that source for the individual.
(III)i Property income from the rental of real property or personal property will be considered self-employment if the client is involved in the production of the income.
(1.) If the client is receiving the rental check without exerting any effort, the income will be considered unearned income.
(2.) The equity value of the real property combined with other nonexempt resources cannot exceed the appropriate resource limit before the income will be considered.
(D) The j. Room and/or board income, when:
(1) The client can prove the vacancies are filled through advertisement, and (2) The charge(s) for the service(s) is equal to the going rate for such services in the community, and (3) Deduct the utility expense by dividing the number of income producing rooms (excluding bathrooms, closets and hallways) by the total number of rooms in the building and multiplying the resulting percentage times $57, to arrive at the expense of providing utilities, and (4) Deduct an amount of $20, per month, for the expense of maintaining the room, and (5) Deduct the Food Stamp Thrifty Food Plan amount per person for the expense of providing board. (SEEI - RB) k. Sale of blood or plasma. (EAIN - OT) l. Sale of produce or animal by-products (cream, vegetables, eggs, meat, etc.), by using 50 percent of the total cash receipts as net profit, unless the recipient can provide documentation of higher expenses. (SEEI - SA) m. Severance pay paid as a money payment. (EAIN - OT) n. U.S.D.A. Food Reimbursement funds received by licensed day care operators. (EAIN - OT) o. Vacation and sick pay paid as taken. (EAIN - OT) p. Wages, tips and bonuses. (EAIN - RE) q. Worker's Compensation to be considered earned income when such payments are employer funded, paid to an individual who remains employed during recuperation from a temporary illness or injury pending his/her return to the job and are specifically characterized under State law as temporary wage replacements. Other types of payments would be considered nonexempt unearned income. (EAIN - OT) following unearned income will be exempted as indicated:
(I) Adoption assistance payments if the child for whom the payments are being made will be excluded from the family unit.
(II) b. AmeriCorps Child Care Allowance -
exempt from consideration as income to the extent the funds are used to meet child care expenses necessary for participation in AmeriCorp. (UNIN - GC)
f. Child Support/Alimony - the first $50 of current child support and/or alimony (only when there is court ordered child support also) paid to or kept by the assistance unit for eligibles during the month received. The client is allowed one $50 exemption on current month child support paid per month. However, it is possible the client could receive in the current month the $50 exemption and $50 from the child support unit for a past month's exemption. Be certain to allow both exemptions in this situation.
c. Contributions - exempt the following types of contributions:
(1) Vendor payments - the amount paid in behalf of an family unit which the family unit cannot convert to cash to meet its needs. This does not include in-kind wages. (UNIN - VP)
(2) Shared households - (other than board and room situations) the amount received by the household from individuals outside the family unit who reside in the household and share responsibility for the household expenses through an informal arrangement. (UNIN - GC)
Example 1. A mother and two children share the household with an unrelated friend also eligible for POWER. This is not a roomer/ boarder or landlord/tenant situation. The friend gives the POWER recipient a $325 cash payment towards the rent. The verified rent for the household is $500. The POWER recipient applied the total contribution to the rent payment.
Example 2. A mother and her children live in a rented apartment. The recipient is the lessee. Another POWER unit also lives in this apartment but does not have a legal obligation to pay rent. The mother of the second POWER unit pays the recipient $140 each month toward the rent. Utilities are provided, and each POWER unit prepares its meals separately.
d. Death Benefits - the one time SSA benefit paid upon the death of the beneficiary. (UNIN - GC)
j. DVR - the amounts paid for a purpose or need not covered in the POWER need standard. (UNIN - VC)
k. Educational Income - (also see Student Financial Assistance) funds for educational purposes when there is a written statement indicating the funds are for educational purposes only. Any funds designated for daily living expenses will be counted against the grant unless the funds meet the definition of a bona fide loan. Examples of educational assistance are:
(1) Payments from DVR for education or training; or
(2) Grants, loans or scholarships for the purpose of educational expenses from federal, state, fraternal, civic sources or relatives.
(3) ~~VA educational payments received by a postsecondary student. Obtain VA information or clarification by using their toll free phone number 1-800-442-2761. (UNIE - GU, ND, 01, 02, 03, PE, SE, SG, ST, VB)~~ ~~I. Emergency/General Assistance - the amount paid for a purpose other than that included in the POWER payment standard. (UNIN - EE, EM, GA w/EX subtype)~~ ~~m. Food/Food Stamps - the value of Food Stamp coupons and commodities donated by the U.S. Department of Agriculture, and:~~ ~~(1) Benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965, as amended;~~ ~~(2) The value of supplemental food assistance received under the Child Nutrition Act of 1966, as amended, which includes WIC; and~~ ~~(3) The special food service program for children under the National School Lunch Act, as amended.~~
Foster care payments made in behalf of a person in foster care.
(III) The individual for whom the IV-E foster care payment is made is not eligible for POWER and the payment will be exempt.
(IV) Nonrecurring monetary gifts not to exceed fifty ($530) per individual, ~~recipient~~ per quarter, such as but not limited to Christmas, birthday, graduation, etc.
(V) ~~s. Indian Per Capita - see Table IV (UNIN - PC)~~
A bona fide loan where there is a written agreement to repay the money.
(1.) Loans which are not bona fide will be considered as contributions to the household.
(2.) If the nonexempt loan amount is greater than the maximum payment level, the income will be treated as a lump sum. ~~v. Military allotment month.~~ ~~w. Private Energy Assistance Programs - the total annual benefit. (UNIN - GC)~~
~~z. Spousal support - spousal support (when there is court ordered child support also) retained by the client and excess spousal support paid minus the $50 exemption for only the current month spousal support. (see Child/Spousal support-Exempt unearned income.)~~
(VI) ~~The aa. SSI Recipient - all income of this person except the portion contributed to the POWER family unit. (UNIN - SI)~~ bb. Student Financial Assistance - all student financial assistance provided under programs in Title IV of the Higher Education Act or under Bureau of Indian Affairs (BIA) (UNIE - BA) student assistance programs. (Interest, dividends, etc., from this assistance is nonexempt unearned income.) Examples of Title IV assistance include, but are not limited to:
(1) Pell grants (UNIE - PE); (2) SEOG, Supplemental Educational Opportunity Grants (UNIE - SG); (3) SSIG, State Student Incentive Grants (UNIE - ST); (4) Perkins loans (formerly NDSL, National Direct Student Loans) (UNIE - ND); (5) GSL, Guaranteed Student Loans (including PLUS loans and SLS, Supplemental Loans for Students). (UNIE - GU)
cc. Utility Allowance - (negative rent) - the payments by the local housing authority from HUD funds. (UNIN Vendor payment amount paid in behalf of a family unit which the family unit cannot convert to cash to meet its needs.
(VII) The portion of the Veterans Educational Assistance Program (GI Bill) loan or grant actually used for items such as:
(1.) Tuition; (2.) Books (3.) Fees; (4.) Equipment; (5.) Special clothing needs; (6.) Transportation to and from school; (7.) Child care costs necessary for school attendance; and (8.) The same expense must not be covered by another loan, grant, scholarship or program.
(VIII) Veteran's Service Connected Disability will be exempt when the compensation on an annual basis is not more than one hundred percent (100%) of the federal poverty level as determined by Office Management and Budget. (W.S. 42-2-106.)
(E) The following unearned income will be considered nonexempt and will be used as indicated in determining eligibility.
(I) The amount of assistance from other agencies or programs paid for the same purpose or need provided in the POWER maximum payment level. If a POWER payment and a IV-E foster care payment are made in the same month for a child who was placed into a foster home, the POWER payment will be considered an overpayment and must be recovered.
(II) b. Contributions to the Family Unit - use a DFS 917, Voluntary Contribution Statement, and: (1) Consider the contribution of the person in the household according to the individual's statement. (2) Consider the contribution of all related and unrelated people, excluding the stepparent, parent(s) of a minor parent, or alien sponsor, living with the family unit, according to the statement. (3) Consider the contribution of anyone living elsewhere, according to the statement. (a) Use the value of the money contribution. (b) Use the POWER supplied shelter standard when all of the shelter costs are supplied, the family unit receives a housing subsidy. (4) Require the statement to specify whether the person is: (a) Sharing shelter, (b) Supplying shelter, (c) Paying room and board, and/or (d) Making a money contribution. (UNIN - OT) (5) Compute the SSI recipient's contribution as specified in 5006.06. f. Disability Insurance Payments - use when such payments are not employer funded, are not made to an individual who remains employed during recuperation from a temporary illness or injury pending his/her return to the job and are not specifically characterized under State law as temporary wage replacements. (UNIN - OT) g. Dividends and Interest - money from stocks, bonds, trust funds, savings, checking accounts, sales contracts, investments, notes or mortgages. (UNIN - DI) h. DVR - the amount paid for on-the-job training and maintenance and payments or allowances for any purpose covered by the POWER standard of need. (UNIN - VN) i. Financially Responsible Parents - consider the income of the parent(s) of a minor parent unless the minor parent is living elsewhere as required by the minor parent provision. (see 5006.06 for computation) j. Gifts - the amount of an occasional gift, which is in excess of $30 per recipient per quarter. (1) Divide the money equally among the members of the family unit when the gift is for the entire assistance unit; or (2) Count the portion over $30 when several gifts under $30 each are received in a month; or (3) Count only that amount over $30 when the gift from one source is in excess of $30. (UNIN - CG) k. HUD Escrow Account - cash received from the account. (UNIN - OT)
l. ~~Indian Income and Property - the Indian income from land, rent, mineral royalties, cattle sales, etc., paid to enrolled Indians usually in December and July. (UNIN - LP)~~ m. ~~Inheritance - money that is inherited. (UNIN - IH)~~ n. ~~Insurance - money from life or personal injury insurance. (UNIN - OT)~~ e. Joint bank accounts will be used as follows when available or accessible:
(1.) The applicant or recipient will be allowed the opportunity to provide proof the money deposited was the conversion of a resource to cash and therefore a resource.
(2.) The money in the account on the first of the performance period will be a resource.
(3.) The money deposited during the performance period will be considered as unearned income available to the client when not already used to determine eligibility for the performance period.
(III) p. ~~Loans (see Exempt Loans) - nonexempt loans are considered contributions to the household. A nonexempt loan which is greater than the standard of need is considered a lump sum payment of unearned income. (UNIN - LM)~~ q. ~~Military Allotments - the amount family retained by the client and excess paid minus the $50 exemption for only the current month allotment. Only one $50 support exemption of current month's support is allowed per assistance unit.~~ r. ~~Mineral Leases - the money received from renting the right to minerals such as but not limited to oil, gas, gravel and water. (UNIN - ML)~~ s. ~~Pensions/Retirement - the money from pensions or retirement (such as IRA and Keogh, Civil Service, etc.) - The portion paid by the employer is nonexempt unearned income when withdrawn. (UNIN - PB, OT)~~ t. ~~Prizes or Game Winnings - the money won as a prize or from playing a game. These are treated as unearned lump sum income. (UNIN - LS)~~ u. ~~Property Income - the rental money received when the client is not involved in producing the income. (SEEI - PI, RE)~~ v. ~~Railroad - the money paid for railroad retirement (RR) or railroad unemployment. (UNIN - RR, UB, UU)~~ w. ~~Royalties - money received from the production of goods by others. (Mineral rights are a resource.) (UNIN - OT)~~ x. ~~RSDI - money received from SSA under Title II plus the Medicare Part B premium.~~ (1) ~~Require primary beneficiaries to apply for RSDI.~~ (2) ~~Require the dependents of a primary beneficiary who has retired, become disabled or died, to apply for benefits as follows:~~
(a) ~~An unmarried child(ren) (natural, adoptive or a stepchild) who is:~~
1) ~~Under age 18;~~
2) ~~Age 18 and attending secondary school full-time, until the occurrence of:~~
a) ~~Reaching age 19, or~~
b) ~~Graduating from secondary school, whichever comes first. (UNIN - SS w/SS subtype)~~
3) ~~Age 18 or over when the child became severely disabled before age 22 and continues to be disabled. (UNIN - SS w/DS subtype)~~
(b) ~~A spouse who is age 62 or older; (UNIN - SS w/ER subtype)~~
(c) ~~A wife or widow, when caring for the beneficiary's~~
1) ~~Child(ren) under age 16, or~~
2) ~~Disabled child who is receiving benefits when he/she is providing personal services to the child. (UNIN - SS w/OT, WI subtype)~~
(d) ~~A widow or widower who is:~~
1) ~~Age 60 or older, or~~
2) ~~Over age 50 when disabled. (UNIN - SS w/WI~~
(e) ~~A divorced or surviving spouse at age 60 when the marriage lasted 10 years or more; and (UNIN - SS w/OT, WI subtype)~~
(f) ~~A grandchild with deceased or disabled parents who lived with and was supported by a grandparent(s) for at least one year before the death, disability or retirement of the grandparent(s). (UNIN - SS w/SU, OT subtype)~~
(3) ~~Require the Social Security payment to be submitted to the state if the absent parent is under court order and meeting his/her obligation in this way for support. (UNIN - CS)~~
~~y. Spousal Support - familyspousal support/alimony when child support is not ordered in the decree as well. (see Child/Spousal support, Exempt unearned income.)~~
~~z. Unemployment Insurance Benefits (UIB) - money received from the ERD or railroad (RR) for unemployment. (UNIN - UB, UU)~~
~~aa. Utility Allowance - (negative payment) the payments by the local housing authority from funds other than HUD. (UNIN - HU)~~
Any VA benefits the caretaker relative receives from the Veterans' Administration in his or her own behalf or in behalf of the dependent child(ren) will be treated as unearned income. This includes subsistence payments received by a postsecondary student.
(IV) Any money the non-custodial veteran sends to the POWER caretaker will be treated as follows (also see Veterans educational assistance program):
(1.) As unearned income dollar-for-dollar if it is a contribution; or
(2.) As support if it is voluntary and acknowledged by either the mother or the absent parent to be for the support of the child(ren); or
(3.) As support if the absent parent is under court order and meeting his/her obligation in this way.
(F) The chart in Appendix ~~cc. Victim's Compensation~~ ~~the payment(s) made to the victim of a crime which is for lost wages. (UNIN - OT)~~ ~~dd. Vista Volunteers~~ ~~the payments when the Chief Executive Officer of the Corporation for National and Community Services determines the payment, adjusted by the number of hours served by the volunteer, is more than the minimum wage in the state where the volunteer is serving. (UNIN - OT)~~ ~~ee. Windfalls~~ ~~such as lottery winning, legal settlements, inheritance. These are treated as unearned lump sum income. (UNIN - IH, PR, OT)~~ ~~ff. Workers' Compensation~~ ~~money received from Workers' Compensation when such payments are not employer funded, are not paid to an individual who remains employed during recuperation from a temporary illness or injury pending his/her return to the job and are not specifically characterized under state law as temporary wage replacements. (UNIN - OT)~~ C will be used to further identify types of income and calculation methods. Refer to Appendix D for additional information concerning income exempted under Public Laws.
(xiii) Each applicant or recipient must meet the time limit provisions.
(A) An applicant or recipient must meet the educational time limit provisions. (W.S. 42-2-109.)
(I) An applicant or recipient will be allowed to receive an AFDC grant and/or a POWER and/or a POWER-SASFA performance payment for up to four academic years, excluding summer school, while seeking to obtain an associate degree; or (II) An applicant or recipient will be allowed to receive an AFDC grant and/or a POWER and/or a POWER-SASFA performance payment for up to four academic years, excluding summer school, while seeking to complete vocational training; or
(III) An applicant or recipient will be allowed to receive an AFDC grant and/or a POWER and/or a POWER-SASFA performance payment for up to six academic years, excluding summer school, while seeking to obtain a baccalaureate degree. (See hardship provision under [xiii][B][V][3.] of this section.)
(IV) The family penalty will be applied by decreasing the performance payment by one hundred dollars ($100) when the applicant or recipient has obtained more than one associate, baccalaureate or graduate degree.
(V) The applicant or recipient who has graduated but needs to update his/her certification or licensing will verify the courses and time needed for the update. She/He will be allowed only the minimum amount of time needed for completion as long as the five (5) year benefit limit is not exceeded.
(VI) A change from an associate degree to a baccalaureate degree will not be allowed if more than one year of the associate program has been completed.
(VII) The applicant or recipient must provide information which indicates she/he cannot perform the activities required in the area of her/his major. A medical statement must be submitted by a medical professional to document why a change in the educational or training program is needed due to physical or mental problems.
(1.) If the medical report supports the fact a change in the educational or training program is needed, the change will be allowed; and
(2.) The time limitation extension will be recalculated using only applicable courses completed if the change is approved.
(VIII) The recipient will not be exempt from the work program performance requirements at the end of the educational time limitation when the educational or training program has not been completed. The one hundred dollar ($100) family penalty will be applied.
(IX) POWER performance payments will be limited to six additional months (whether a performance payment is received or not) when the applicant or recipient has obtained a degree, certificate or license.
(1.) The graduate must have received an AFDC grant and/or a POWER and/or a POWER-SASFA performance payment anytime during the semester or quarter or month of graduation or completion. This includes the graduate who must update her/his certification or license.
(2.) A performance payment will not be allowed which exceeds the five (5) year benefit limit.
(X) Reinstatement of a POWER performance payment will be allowed when:
(1.) The five (5) year benefit limit has not been exceeded, and
(2.) Only during the period a temporary incapacity which has been verified by a medical professional and approved by DFS-FO for the applicant or recipient, or
(3.) The applicant or recipient is needed in the home one hundred percent (100%) of the time to care for an incapacitated who is an immediate family member:
a. When confirmed by a written statement from a medical professional and the date of recovery is indicated; and
b. When no other individual is available to provide the needed care; and
c. When the reinstatement is approved by DFS-FO; and
d. For no longer than the period of time needed for recovery from the incapacity.
(XII) Continuation of a POWER performance payment or reinstatement will be allowed beyond the five (5) year benefit limit when:
(1.) It has been verified the applicant or recipient is permanently physically or mentally disabled or incapacitated; and
(2.) She/he is not capable of obtaining or retaining employment and/or independence in the community.
(XIII) Only one additional six month period will be allowed within the five (5) year benefit limit.
(XIV) The family penalty will be applied by decreasing the grant by one hundred dollars ($100) when the six (6) additional months expire.
(XV) The individual will be expected to meet the work requirements and to become employed. The employment may or may not be in her/his degree area.
(XVI) If the applicant or recipient has failed to report receipt of a degree, certificate or license or to report enrollment in postsecondary education or vocational training, there will be an overpayment. The overpayment will equal to one hundred dollars ($100) for each performance payment incorrectly paid and the individual will be disqualified due to intentional program violation.
(1.) An applicant who fails to report she/he has obtained a degree, certificate or license will receive the one hundred dollar ($100) family penalty on any performance payments made after six (6) months from date of application. The months will count whether an AFDC grant and/or a POWER and/or POWER-SASFA performance payment is received or not.
(2.) A recipient who fails to report she/he completed a degree, certificate or license will receive a one hundred dollar ($100) family penalty on any performance payment made after six (6) months following completion of the degree, certificate or license. The months will count whether an AFDC grant and/or a POWER and/or POWER-SASFA performance payment was received or not.
(B) An applicant or recipient must meet the five (5) year benefit limit provisions. (W.S. 42-2-104 and Section 408 of Public Law 104-193.)
(I) The POWER or POWER-SASFA performance payment of any family unit will be denied or terminated effective December 31, 1998, when the family unit has received five (5) years of AFDC and/or POWER and/or a POWER-SASFA or cash assistance in another state, regardless of location, with the following exceptions:
(1.) Unemancipated minor parents who are head of household will have only one year of assistance counted toward the five (5) year benefit limit when receiving a performance payment for self and dependent child(ren);
(2.) Adults and emancipated minor parents who previously received assistance as a dependent child, excluding the unemancipated minor parents, shall be allowed up to the five (5) year benefit limit under their own family unit;
(3.) A non-parent caretaker relative, not included in the grant, will receive a performance payment beyond the five (5) year limit for a child(ren) as she/he is not legally financially responsible for the child(ren).
(II) The POWER payment will be terminated when the five (5) year benefit limit ends whether or not the recipient has completed her/his six additional months after receipt of a degree, certificate or license.
(III) The needs of a non-parent caretaker relative will be terminated, unless a hardship exemption exists, when she/he has been included in the performance payments and payments have been received for five (5) years.
(1.) The POWER payments will be allowed to continue for the child(ren); or
(2.) POWER payments are not continued for the child(ren) if the child(ren) received five (5) years of assistance as part of her/his parent's AFDC grant and/or POWER and/or a POWER-SASFA performance payment.
(IV) The following are counted toward the five (5) year benefit limit:
(1.) All months AFDC and/or POWER and/or a POWER-SASFA payments has been received since July 1, 1987;
(2.) A month with non-payment due to noncompliance with Pay-After-Performance;
(3.) A month in which a family unit member is disqualified or the family penalty is applied for any reason;
(4.) A month when an exemption from Pay-After-Performance is allowed.
(V) POWER performance payments may be reinstated or extended for up to one year beyond the five (5) year benefit limit under the following conditions:
(1.) The family unit claims abandonment.
a. The family unit must report the abandonment to, and cooperate with, law enforcement; and
b. The family unit must meet the child support performance requirements.
c. If any acknowledgment exists of the absent parent assuming the care and control of the child within the one year hardship period, the family unit will not be eligible for POWER; or
d. If the applicant or recipient refuses to notify and cooperate with law enforcement in pursuing prosecution and to meet the child support performance requirements the family unit will not be eligible for POWER.
(2.) The applicant or recipient:
a. Claims to be fleeing for personal safety or for the safety of the child(ren); and
b. Verification has been provided to substantiate threats, stalking or actual mental and/or physical abuse to the caretaker and/or the child(ren).
(3.) Up to one additional year may be allowed immediately upon completion of the (five) 5 year benefit limit for continuation of education leading toward a postsecondary degree under the following conditions:
a. The recipient must be within one year or less of completion of a postsecondary education degree; and
b. The recipient must enroll in and attend classes for the number of hours needed for graduation. If twelve (12) or fewer hours are required and the course(s) is offered, the recipient must complete the course work in one semester. If more than twelve (12) hours are required or the course(s) is not offered, the recipient must complete the course work within the regular academic year.
c. The recipient must continue to meet the work performance requirements.
d. The POWER performance payment will be terminated upon completion of the postsecondary education requirements whether or not the year has expired and the six additional months will not be allowed.
(VI) The five (5) year benefit limit rule will not be applied when verification has been provided to substantiate the applicant or recipient is permanently (rather than temporary) physically or mentally disabled or incapacitated. She/he must not be capable of obtaining or retaining employment and/or maintaining independence in the community.
(1.) The applicant or recipient will not be exempt from improving or enhancing employment and self-sufficiency efforts and activities unless the disability or incapacity prevents participation and SSI is being pursued.
(2.) This provision will be only effective as long as the individual is disabled or incapacitated.
(VII) The five (5) year benefit limit will not be applied when verification has been provided to substantiate the applicant or recipient is needed in the home one hundred percent (100%) of the time to care for a permanently physically or mentally disabled or incapacitated who is an immediate family member. No other person is available to provide the needed care.
(VIII) If the applicant or recipient fail to report receipt of cash assistance after July 1, 1987, there will be an overpayment for performance payments incorrectly paid and the individual disqualified due to intentional program violation.
(xiv) 5-45 CFR 206.10 The case will be approved when all eligibility factors and performance requirements are met and the case denied or found ineligible when one or more of the eligibility factors or performance requirements are not met.
(xv) A redetermination of eligibility will occur when a change in an eligibility factor becomes known to the DFS-FO.
(Title III and IV-A of Public Law 104-193.)
(a) Each applicant or recipient will be informed about and must meet the child support performance requirements to receive a POWER performance payment. These requirements are:
(i) The absent parent has responsibility for the child, even when the child is not living with that parent.
(ii) The obligation of the applicant or recipient to assign to the state (Section 408 of Public Law 104-193):
(A) Any rights to support in his/her own behalf or on behalf of any other family member for whom the applicant or recipient is requesting a monthly POWER performance payment; and
(B) Support obligations which have accrued at the time such assignment is executed.
(iii) The obligation of the minor parent to sign support forms against (W.S. 42-2-103.):
(A) Her/His parents, if not residing in the home with the parents; and
(B) Against the parent of the absent minor parent.
(iv) The requirement of the adult and minor parent applicant or recipient to sign an Individual Responsibility Certificate of Understanding (IRCU) at application and when a family member's child support status changes. (Section 408 of Public Law 104-193.)
(v) The requirement of the applicant or recipient to cooperate in (Section 408 and Title III-D of Public Law 104-193):
(A) Identifying and locating the absent parent;
(B) Establishing the paternity of a child born out of wedlock;
(C) Contacting the Child Support Authority to:
(I) Set up a child support case and complete the absent parent information,
(II) Refer all putative fathers at the time of application, but do not refer all putative absent minor parent's parents until paternity is established; and
(III) Refer without delay as the family unit's performance payment cannot be paid until the EAS is notified by the Child Support Authority paternity has been established.
(D) Obtaining child and medical support for the child(ren) and minor parent and spousal support for herself/himself; and
(E) Obtaining any other payments or property due to self or the child(ren).
(vi) The family's POWER performance payment will be denied or terminated for noncompliance with the child support requirements when the above listed requirements are not met unless good cause is approved. (Section 408 of Public Law 104-193.)
(vii) The right of the applicant or recipient to claim good cause to allow exclusion from cooperation with child support requirements. (Section 408 of Public Law 104-193.)
(viii) The following actions by the applicant or recipient proves cooperation (Title III-D, Section 333, of Public Law 104-193):
(A) Appearing at a DFS-FO or a Child Support Authority office, at initial application and, when requested, to give information, sign papers and/or provide evidence including answering written or telephone requests; and
(B) Appearing as a witness in court or other hearings or proceedings; and
(C) Providing information or swearing to the lack of information under penalty of perjury; and (D) Paying immediately to DFS-FO any support payments received for a family unit member beginning with the authorization of the first POWER performance payment.
(ix) The right of the applicant or recipient to request information as to the child support collection status and to request a review of the child support order.
(x) The applicant's or recipient's responsibility to provide new information on the absent parent when it becomes known.
(xi) The applicant's or recipient's right to receive continued non-public assistance services with no application or fee following termination from POWER.
(xii) The applicant's right to apply for non-public assistance services for a fee when a POWER application is denied.
(b) The caretaker relative, including a minor parent when receiving a grant for her/his needs and the needs of the dependent child(ren) or as part of the caretaker relative's family unit must:
(i) Complete the Assignment of Rights to Support;
(ii) Complete the Report to Child Support Enforcement on each absent parent of each eligible child or potentially eligible unborn child when part of an ongoing case; and
(iii) Show intent to cooperate or not to cooperate when:
(A) A new case is opened, including a deceased parent, a pregnant woman with another eligible child(ren), a parent whose rights were terminated or an adoptive parent;
(B) A reapplication is made for POWER;
(C) A child is added to an open case;
(D) The intact family separates;
(E) Paternity is excluded;
(F) A minor parent applies for POWER and lives in a separate household from his/her parents. Child support forms must be completed against his/her own parents. If the minor is emancipated, the following guidelines are used:
(I) If there is a court order stating child support will be paid until the child reaches the age of eighteen (18) or nineteen (19), child support forms must be completed until the emancipated minor reaches the stated age or the court order is amended.
(II) If there is a court order stating child support will be paid until the child is emancipated, child support forms are not required.
(III) If there is no court order, child support forms are not required.
(iv) The caretaker relative or absent parent has a name change.
(v) Opening a IV-E foster care case with the DFS-FO manager making the assignment.
(vi) The father is unknown, by completing a Report to Child Support Enforcement on all possible fathers. Since cooperation with child support is a POWER performance requirement, the father(s) must be named or the case will be ineligible for POWER unless good cause is approved.
(vii) The applicant or recipient is married but claiming the husband is not the absent parent, by completing a Report to Child Support Enforcement on the husband and all other possible fathers.
(c) The child support worker will be responsible for the following POWER child support requirements:
(i) Monitoring the appointment form and immediately advising the EAS if the individual does not meet the requirement within the stated time frame;
(ii) Immediately setting up a child support case, pursuing child support and assuring the family is meeting the child support requirements;
(d) The applicant or recipient will be required to read the Good Cause Claim form and check the appropriate statement(s) on each copy of the form when good cause is claimed.
(i) The applicant or recipient will be informed no POWER performance payment will be authorized until the good cause claim is approved or if the good cause claim is denied.
(ii) The applicant or recipient has the right to claim good cause if one of the following circumstances exist and evidence is provided:
(A) Cooperation in establishing paternity or securing child support is reasonably anticipated to result in physical harm or emotional harm to the child or caretaker. The anticipate harm is demonstrated by previous court, medical, criminal, law enforcement, psychological, child protection or social services records.
(B) The child, for whom support is sought, was conceived as a result of incest or rape as evidenced by birth, medical or law enforcement records.
(C) Legal proceedings for the adoption of the child(ren) are pending before a court of competent jurisdiction as verified by legal documents.
(D) A public or private social agency is helping the applicant or recipients resolve the issue of whether to keep or relinquish the child(ren) for adoption. This must be verified by a statement from the public or private social agency.
(iii) The applicant or recipient claiming good cause must provide the required types of evidence within twenty (20) days from the date of the signed request.
(iv) When the other documents listed above are obtained, the caretaker relative must provide two (2) notarized statements from persons who have personal knowledge of the circumstances being claimed in the good cause.
(v) The applicant or recipient will be assisted, upon request, by the EAS:
(A) Advising how to obtain the requested document(s); and
(B) Making a reasonable effort to obtain the document(s) which the person has not been able to obtain.
(vi) The request for good cause and the supporting documents will be reviewed by DFS-CO and a determination made concerning the good cause claim.
(A) The performance payment will be authorized when the good cause claim is approved; or
(B) Denied or terminated when evidence is not received within twenty (20) days of signing of the Report to Child Support Enforcement or when the good cause claim will be denied by DFS-CO.
(vii) The Child Support Authority will not attempt to establish paternity or collect support when the good cause claim is approved.
(viii) The applicant or recipient can request the case no longer be in the good cause status.
(e) The following process must be followed when child support payments have been retained by the client.
(i) The agency recovery process must be followed when support is retained after the POWER performance payment was paid resulting in an overpayment.
(ii) A notice of action will be sent to advise the recipient retaining child support will be considered noncooperation.
(iii) The POWER performance payment will be terminated for a minimum of one month when the client has retained the current month's support.
(iv) The family unit can reapply but the POWER performance payment will not be authorized until the family has complied with the POWER Pay-After-Performance requirements for a full performance period. The child support must also have been turned in or collected by the child support services.
(f) Child support collection and distribution.
(i) Assigned support must be submitted to the state of Wyoming in all instances after the authorization of the first POWER performance payment.
(ii) The child support payment, collection and distribution procedures in Title III, of Public Law 104-193, will be applied.
(iii) The fifty dollar ($50) disregard on child support will not be available after the March 1997 collections. March 1997 collections are paid in April 1997.
(a) Registration at ERD. (W.S. 42-2-203.)
(i) At each application or reapplication and when her/his work exemption status changes to mandatory, the mandatory job seeker will register for work at ERD and will follow up on job leads.
(ii) Failure of the job seeker to comply with the ERD registration requirements will result in denial or nonpayment of the POWER performance payment. (Section 408 of Public Law 104-193.)
(b) Work program performance requirements. (Section 407 of Public Law 104-193 and W.S. 42-2-202.)
(i) POWER applicants or recipients who meet the following criteria will be exempt from the POWER work program requirements, but will be allowed to volunteer for participation.
(A) A child who is attending school or who is preschool age.
(B) An adult who is sixty-five (65) years of age or older.
(C) The parent or other relative of a child who is personally providing care for a child under the age of one (1) year.
(1.) This exemption is only available for twelve (12) months in a lifetime and may be used for more than one (1) child. (Section 407 of Public Law 104-193.)
(2.) EXCEPTION: A parent who is under the age of twenty (20) without a high school diploma or equivalent can only be exempt for caring for a child under the age of one (1) month. The parent must continue to keep up on all school assignments during the exemption period.
(ii) Mandatory applicants or recipients are those who do not meet any of the exemption criteria listed under (i) above.
(iii) Mandatory job seekers will have an initial meeting with the work program action center CM within the time frame identified by the EAS on the appointment form. The court ordered child support obligors will have an initial meeting with the work program action center CM within the time frame established in the court order.
(iv) The EAS shall routinely review and update the exemption status and advise the CM of any status change for job seekers. This review includes the school enrollment status of a POWER child, minor parent and the adult student in the POWER-State Adult Student Financial Aid program.
(A) Failure of the EAS to do a timely status change and referral will result in an overpayment.
(v) The family members will be advised on the Individual Responsibility Certificate of Understanding that she/he must have a signed Individual Responsibility Plan and be meeting the work requirements the date the exemption changes to mandatory. (Section 408 of Public Law 104-193.)
(A) The EAS will send an appointment form at least two (2) weeks prior to any known change in status to mandatory.
(B) Failure of the mandatory family member to begin meeting the performance requirements immediately will result in nonpayment of the POWER performance payment.
(C) The mandatory applicant or recipient will allege an incapacity or caring for an incapacitated immediate family member on the IRCU.
(I) The EAS will provide the applicant or recipient with a Statement of Incapacity form to be completed by the medical or mental health professional and refer the family member to the work program action center.
(vi) At the initial meeting, the work program action center CM will:
(A) Explain the philosophy and goals of POWER including the expectation that each job seeker will move into employment.
(B) Explain the POWER work performance requirements, including responsibilities of the agency and job seeker.
(C) Explain the penalties for noncompliance, including the requirement for a full performance period before any penalty can be overcome.
(D) Complete a minimal assessment to determine if the new job seeker is:
(I) Required to do full-time applicant or recipient job search.
(II) Eligible for the teen parent educational exception.
(III) Eligible for the full-time vocational training exception as an incapacitated individual.
(IV) Assessed under the incapacity section in (vii) below.
(E) Develop and implement an Individual Responsibility Plan (IRP) jointly with the job seeker. (Section 408 of Public Law 104-193.) The job seeker must begin meeting the performance requirements within two (2) working days.
(vii) The CM accepts the Statement of Incapacity form and determines if the incapacity is temporary or long-term:
(A) The CM will do the following in a temporary incapacity situation:
(I) Set up the work program case and IRP. The IRP must recognize the limitations of the medical problem and support the medical or mental health professional's prescribed treatment.
(II) Update the IRP when the job seeker has recovered from the incapacity sufficiently to be making at least minimal effort to become employed. Request a new Statement of Incapacity if the job seeker indicates she/he is not recovered sufficiently to begin work activities.
(B) The CM will do the following in a long-term incapacity situation:
(I) Staff the long-term disabled case with the DVR counselor to determine who will have primary case management responsibility.
(II) Accept the employability plan developed by the DVR counselor.
(III) Understand the DVR counselor will be responsible for monitoring and reporting noncompliance to the CM.
(IV) Understand DVR will be responsible for monitoring the SSI application process.
(V) Assure the IRP progress will be reviewed at least every three (3) months by staffing the case with the DVR counselor.
(VI) Notify the EAS when the incapacitated job seeker is in noncompliance with the DVR employability plan. Noncompliance will result in the nonpayment of the family's POWER performance payment for the performance period. (Section 407 of Public Law 104-193.)
(viii) The assessment information assures the IRP provides progress toward private sector employment and increases the responsibility and amount of work the job seeker is to handle over time. (Section 408 of Public Law 104-193.) An IRP will be a document that flows and changes as a job seeker passes through the program toward the employment goal and self-sufficiency. The CM and job seeker jointly develop the job seeker's IRP. The work program action center CM will:
(A) Recognize the primary source of employability information will be the job seeker.
(B) Gather information related to employment about the job seeker using the assessment form and the face-to-face interview.
(C) Develop and maintain an initial job readiness assessment if the job seeker does not obtain full-time employment within the first three (3) weeks of participation. (Section 408 of Public Law 104-193.) A labor market assessment must be researched and completed by the job seeker who has questionable employment goals or who is requesting placement in an enhancement assistance work activity.
(D) Specify the job seeker's employment goal reflects urgency, is specific, includes a target date and is realistic. To be realistic, the employment goal must correspond to the job seeker's skills, strengths and the labor market.
(E) Meet or exceed the participation rate requirements specified in Subtitle A, Section 407 of Public Law 104-193.
(I) The job seeker's 'job is to get a job' and her/his hours of participation in POWER should reflect this philosophy. The CM shall start with forty (40) hours of participation (such as a combination of employment and educational or training work activities) as the requirement for every job seeker. If forty (40) hours cannot be obtained, the CM will document in the case narrative why it is not feasible.
(II) Time spent commuting to or from the assignment or to or from a child care provider are not countable hours for participation.
(III) Class or lab hours will be considered as follows:
(1.) Job seekers in approved vocational or job skills training will be considered to be participating:
a. Only during the hours when in a class, including lab time if listed on the job seeker's class schedule; but
b. Not for hours during study periods or breaks between classes.
(2.) Study time and other out-of-class preparation time will not count.
(3.) Job seekers will not be considered to be participating in an educational or training activity unless enrolled full-time during summer break. They will be required to participate in job search or another countable work activity.
(4.) Job seekers in all educational or training activities will be considered to be participating during shorter, scheduled school breaks.
(5.) Home schooling is not countable as a work activity for either the 'teacher' or the teenage 'student'.
(IV) Each job seeker must be actively performing during the hours established in the IRP. DFS staff will determine if there was good cause when performance falls below the established hours or was not accomplished. The work program CM will determine if the job seeker's justification was 'reasonable'. (See [x] below for good cause.)
(V) The EAS will assure nonpayment of the family's POWER performance payment when the mandatory job seeker has failed to comply with the POWER work program requirements. (Section 408 of Public Law 104-193.)
(ix) Work activities must be tightly structured and closely monitored.
(A) The CM will report noncompliance with the work activity requirements to the EAS immediately, but no later than the fifteenth of the month.
(B) Work activity regulations are specified in Title IV, Subtitle A, Section 407 of Public Law 104-193. Refer to chart in Appendix B which summarizes the regulations concerning work activities. No more than twenty percent (20%) of the POWER 'all' and 'two-parent' families can participate in the following countable activities:
(I) High school or GED for the teen parent who is enrolled full-time and maintains satisfactory school attendance, and
(II) Short-term vocational training which must be completed within twelve (12) months and the job seeker must maintain full-time enrollment and a 'C' grade average. The vocational training activity must be approved by DFS-CO staff and will be limited to DVR clients.
(C) Any job seeker under the age of eighteen (18) who has not successfully completed a high school education or its equivalent will be mandatory for school enrollment and attendance. She/He must complete the education work activity within the time frame established for her/his graduation class.
(I) If the child is mandatory for school attendance under Wyoming law and drops out of school, the parent or caretaker relative will be responsible for getting her/him re-enrolled in school. (Section 404 of Public Law 104-193.) Failure of the parent or caretaker relative to get the child re-enrolled will result in nonpayment of the family's POWER performance payment.
(II) If the child is not mandatory for school attendance under Wyoming law, she/he must maintain school enrollment until high school graduation. (W.S. 42-2-202.) Failure of the mandatory teenager to comply with the work activities will result in nonpayment of the family's POWER performance payment.
(1.) The teenager who has dropped out of school will be mandatory for the POWER work program.
(2.) The mandatory teenager must do the following work activities.
a. The teenager must re-enroll and maintain enrollment in high school; or
b. Actively seek and accept employment; and
c. Will be mandatory for participation in work experience or employment during summer breaks if not enrolled in and attending school full-time.
(III) If the teen parent, age eighteen (18) and nineteen (19) has maintained continuous enrollment in high school or GED and has at least a 'C' grade point average, she/he can be approved for the educational work activity. She/He must complete the educational requirements within six (6) months. (W.S. 42-2-103.)
(x) Good cause for failing to comply. (W.S. 42-2-103 and 42-2-202 and Section 407 of Public Law 104-193.)
(A) All CMs may accept a job seeker's reasonable excuse for failing to comply, providing the job seeker gives the excuse prior to the time when the compliance is expected. If the job seeker offers an explanation after the expected compliance, DFS staff must make the good cause determination.
(B) Good cause must be provided in writing for documentation purposes in the work program action center case file.
(C) Good cause for failing to meet the POWER work performance requirements will only be granted for the following five (5) reasons:
(I) The job seeker is verifiably unable to perform the type of work involved or lacks the basic skills to do the job.
(II) Employment is reduced or terminated through no fault of the job seeker.
(III) The job seeker is subjected to intimidation, abuse, exploitation, harassment or unsafe working conditions as verified by substantiated evidence.
(IV) The job does not pay applicable federal minimum wage or the prevailing wage for like work in the community.
(V) The job seeker encounters an emergency (involving herself/himself or an immediate family member) that reasonably precludes full cooperation and participation with assigned work activities.
(xi) The POWER work program case will be inactivated for the following reasons:
(A) The POWER performance payment ended. The case in the work program action center will be inactivated the same month as the job seeker's POWER performance payment, unless the job seeker has indicated she/he wishes to meet the work requirements for the next performance period.
(B) The job seeker becomes exempt from the POWER work program requirements and if she/he does not choose to volunteer.
(c) Work activity expenditures. (W.S. 42-2-211 and Sections 402, 408 and 409 of Public Law 104-193.)
(i) Limited work activity expenditures.
(A) Work activity expenditures will be only available to job seekers who are assigned to a countable work activity.
(B) The maximum of all limited work activity expenditures will not exceed one thousand dollars ($1,000) per job seeker per year. The year begins with the month the first work activity expenditure was paid for the job seeker and goes for twelve (12) consecutive months. The second year begins with the first work activity expenditure payment made after the end of the first year and goes for twelve (12) consecutive months.
(C) Work activity expenditures which are available on an as needed basis are limited for each job seeker as follows:
(I) Transportation services including gas for job seeker's own vehicle or transportation by another person, taxi or bus will be limited to seventy-five ($75) per month. Job seekers who are employed are expected to pay their transportation costs.
(II) Union dues or professional licensing fees will be available only once within a year. The total authorized for these items will not exceed three hundred sixty dollars ($360) per year.
(III) The total authorized for clothing, personal grooming, uniforms, and interview assistance will not exceed five hundred dollars ($500) per year. Interviewing assistance (transportation and per diem) can be provided to a job seeker to enable her/him to accept a bona fide appointment for a job interview in a city that is located fifty (50) miles or greater from the city in which the job seeker resides.
(IV) The total authorized for vehicle insurance, licensing or repair will not exceed five hundred dollars ($500) per year and must be for a vehicle which is owned by the job seeker who has a valid driver's license.
(V) The total authorized for tools will not exceed one thousand dollars ($1,000) per year.
(VI) The total authorized for relocation assistance will not exceed one thousand dollars ($1,000) per year.
(1.) Financial assistance can be provided to a job seeker to move to another location or city to accept a job opportunity or approved training that does not exist in her/his current location or city.
(2.) Relocation assistance (transportation, per diem, rental of moving van or trailer) shall be allowed for one-way relocation to the nearest location where the job opportunity or training will be available and does not include shelter or utility deposits. Relocation assistance will be limited to one-time only for each job seeker.
(3.) The employment or school enrollment must be verified.
(ii) Work activity expenditures which will be available on an as needed basis, but are not subject to the one thousand dollar ($1000) limit for each job seeker, include:
(A) Assessment expenditures such as literacy tests, other tests and test summaries.
(B) Educational or training expenditures such as:
(I) GED tests for minor parents or teenagers only.
(II) Tuition, books and other educational supplies for minor parents only.
(III) Tutoring for minor parents or teenagers only.
(IV) DVR requested and approved training expenditures for incapacitated job seekers only.
(iii) The job seeker must:
(A) Make a written request for assistance with an expenditure necessary to become employed and include the date she/he plans to be employed.
(B) Document the work activity expenditure need by:
(I) Showing how the assistance is a requirement for complying with the IRP or will be essential to becoming employed within the next twelve (12) months.
(II) Providing estimates as required by the CM showing she/he has taken the responsibility to find the best price and quality.
(III) Providing supporting or related information, i.e. driver's license, insurance, tags, etc., as required by the CM.
(C) Take responsibility for the expenditure by paying for, or by making a mandatory contribution towards the purchase, or by accessing other resources that might be available. Other resources, including income from employment, are to be utilized prior to POWER work activity expenditures with POWER being the last payor.
(D) Increase her/his knowledge and ability to develop and implement effective personal and family budgets.
(E) Execute the requirements of the IRP.
(F) Repay any expenditure directly related to a failure to comply with an IRP or POWER work program requirement, failure to accept employment, fraud or other illegal actions.
(iv) The CM must:
(A) Assure written application has been made and all expenditures are approved before the purchase is made.
(B) Make a timely decision on the request.
(C) Assure the assistance by POWER to purchase the requested need will not result in an illegal action. For example: POWER may not pay a bill that has already been paid by the job seeker or another source. POWER will not pay for car repairs for an unlicensed driver or for uninsured or unlicensed vehicles.
(D) Uphold the job seeker's right to accept responsibility for herself/himself by requiring as determined through assessment:
(I) A mandatory job seeker contribution towards the cost of all approved expenditures, or
(II) Full payment by the job seeker through other resources including income from employment, or
(III) Repayment for any expenditure when the job seeker:
(1.) Fails to comply with the IRP;
(2.) Fails to seek and accept employment within the twelve (12) month period; or
(3.) Fails to provide incorrect information in order to obtain the work activity expenditure.
(E) Send a notice which includes all legal cites, the decision and the basis for an adverse decision on the work activity expenditure request.
(v) Child support court order obligor cases. (W.S. 20-6-106 and Section 365 and 407 of Public Law 104-193.)
(A) The CM will assure a court ordered child support obligor is a parent who:
(I) Is a Wyoming resident court ordered to pay child support who has not been meeting the child support obligation for her/his child(ren),
(II) Has been ordered by the court to participate in POWER,
(III) Is unemployed, and
(IV) Whose child(ren) is a current Wyoming recipient of POWER.
(B) The child support worker will:
(I) Receive the court orders and distribute these to the appropriate DFS-FO manger and work program action center along with the information concerning the child(ren), and
(II) Monitor the child support payments and advise the CM and the court when the child support obligation is being met.
(C) The child support court ordered obligor will comply with the court order and:
(I) Attend all scheduled meetings.
(II) Participate in job search, job club, job readiness or employment related work activities. The community service work activity will be required to an obligor when full-time job search is not feasible.
(III) Participate in employment. If the wages are low enough to preclude the obligor from meeting the child support obligation, the following enhancement assistance can also be approved:
(1.) High school, or
(2.) A full-time vocational training program if she/he is within one semester or quarter or term of completing the program, or
(3.) A program that is necessary for the job seeker to up-grade an employment related certification or license.
(IV) Complete, sign and date a manual IRP.
(D) The CM will:
(I) Monitor the obligor's participation and progress in job search on a weekly basis and other work activities each month. Job search hours will be unlimited.
(II) Determine if the child(ren) identified in the court order continues to receive POWER.
(III) Advise the court and the Child Support Authority when it is determined the obligor is not cooperating. If the obligor is cooperating, provide the court with a status report each month and advise the court of the status of the child's POWER case.
(IV) After reviewing the case with the DFS-FO Manager, recommend to the court the POWER work program action center case be closed when the obligor is employed and meeting the child support obligation.
(V) Terminate the work program case when the judge has terminated the work program requirement in the court order.
Section 8. Budgeting and payment process. (W.S. 42-2-103 and 42-2-104.)
(a) Budgeting process:
(i) DFS will take the following steps to determine the performance payment to be paid to a family unit for a given performance period:
(A) Determine which persons in the household are included in a family unit as follows:
(I) One family unit when:
(1.) Two parents, each with a POWER eligible child, are married to each other; or
(2.) Two parents, each with an eligible child(ren), are married to each other; or
(3.) Three generations live in the household and are eligible and there is a minor parent also living in the household; or
(4.) A caretaker relative is making application for POWER for her/his child and/or child of one or more relatives; or
(5.) A caretaker relative is applying for a child(ren) of one or more relatives.
(II) Two family units when:
(1.) Two unrelated caretaker relatives live in the same household; or
(2.) Two siblings are caretaker relatives and live in the same household with their child(ren) and each of the sibling caretaker relatives is at least eighteen (18) years of age; or
(3.) A mother or father with a daughter's or son's child and a second daughter or son with her/his own child who live in the same household and the daughter or son is at least eighteen (18) years of age; or
(4.) A mother or father with her/his own children who lives in the same household with a son or daughter who is over age eighteen (18) or emancipated and who lives in the household with his or her own children.
(B) Determine financial responsibility of family members including:
(I) Income of the spouse will be considered available for her/his spouse; and
(II) Income of a parent will be considered available to a child(ren), excluding emancipated minors, up to age eighteen (18) or up to age nineteen (19) when expected to graduate from high school prior to attaining age nineteen (19).
(C) Determine which individual(s) within a family unit(s) will be counted for the purpose of calculating a performance payment.
(I) The following individuals, if living in the same household as the dependent child and otherwise eligible to receive POWER, must be included in one (1) family unit:
(1.) The natural, legal or adoptive parent(s) of a dependent child.
(2.) The blood related or adoptive brothers and sisters of the dependent child who are themselves dependent children within the age limits and deprivation factor. An emancipated minor is not considered a dependent child.
(II) The following individuals must be excluded from the family unit: (1.) Individuals who receive SSI benefits. (2.) Individuals for whom IV-E, other federal state or local foster care payments are being made and temporary absence of the child(ren) is not under a Voluntary Placement Agreement. (3.) Legal aliens who fail to meet the citizenship and alienage requirements. (4.) Aliens who are ineligible due to deeming income of their sponsors or due to sponsorship by an agency or organization. (5.) Individuals ineligible due to receipt of lump sum income. (6.) Any individual who is ineligible because she/he entered the family unit ten (10) or more months after the initial qualification. (7.) Emancipated minors and parents age eighteen (18) and over must be in a separate family unit and are no longer in their parents' unit. (8.) Any individual who is a fugitive felon, parole violator, illegal alien or has been convicted of fraud or a drug related activity after January 1, 1997. Any individual who was found to have fraudulently misrepresented residence in order to obtain assistance in two (2) or more states after January 1, 1997, will be ineligible for ten (10) years. (D) Determine whether the family unit will be eligible for a supplied shelter or a shelter supplied payment level. (I) The supplied shelter maximum payment level will be used when the family unit: (1.) Has no obligation to pay any portion of the shelter costs and/or the costs are completely furnished as a contribution; or (2.) Is living in government housing subsidy; or
(3.) Is a minor parent and the dependent child(ren) living in the household of a parent(s) or in a supervised setting with an adult relative or court appointed guardian or custodian; or
(4.) Includes a relative who is an SSI recipient.
(II) The shelter included maximum payment level will be used when the above criteria for supplied shelter is not met.
(E) Determine when the two hundred dollar ($200) earned income will be disregarded from the gross earned income as follows (W.S. 42-2-103):
(I) The earned income disregard will be allowed when the family member is an eligible applicant or recipient.
(II) The earned income disregard will be allowed on anticipated earned income of the person identified because of:
(1.) An intentional program violation as a result of an administrative hearing or prosecuted and found guilty of fraud;
(2.) Being a fugitive felon;
(3.) Being a parole violator;
(4.) A felony conviction for drug related activities;
(5.) A fraudulent misrepresentation of residence in order to obtain assistance in two (2) or more states after January 1, 1997;
(6.) Being an illegal alien; or
(7.) Having entered the family unit ten (10) or more months after initial qualification.
(III) The earned income disregard will not be allowed when establishing an overpayment due to a client error or IPV relating to earned income.
(F) Determine the best estimate of available income for computation of the performance payment by:
(I) Computing the anticipated gross earned income, including tips, or the anticipated net profit from self-employment; and
(II) Deduct the earned income disregard; and
(III) Add the anticipated unearned income of the ineligible person; and
(IV) Deduct the family penalty of one hundred dollars ($100) for the disqualified person, excluding the individual disqualified because of the ten (10) month initial qualification rule.
(G) Determine what procedures will apply to the following individuals for the purpose of calculating grant payments for a family unit:
(I) Ineligible legal alien parent or child:
(1.) The gross earned income, including tips, or net profit from self-employment will be anticipated; and
(2.) The earned income allowance will be deducted; and
(3.) The anticipated unearned income of the ineligible person will be added; and
(4.) The payment standard amount for the ineligible person(s) will be determined and deducted as follows:
a. The number of ineligible people in the household for whom the ineligible alien is financially responsible and who have no income from another source to cover their needs will be determined; and
b. The payment standard for the entire household size, including ineligible and eligible persons, will be determined; and
c. The payment standard for the number of POWER eligible persons will be subtracted from the payment standard for the entire household size.
d. The remainder will be the need allowance for the ineligible person(s).
(5.) The balance will be considered the best estimate of available income for the computation of the POWER performance payment.
(II) Parent(s) or stepparent(s) of the unemancipated minor parent when a minor parent under age eighteen (18) lives with her/his parent(s):
(1.) The anticipated gross earned income including tips or anticipated net profit from self-employment of the parent(s) or stepparent(s) will be determined; and (2.) The earned income disregard will be allowed for each parent or stepparent with earnings; and
(3.) The anticipated unearned income available to each parent or stepparent is added; and
(4.) The appropriate payment standard will be deducted for the following persons:
a. Each parent or stepparent living in the home; and
b. Any other person(s) living in the home who is not part of the family unit and is a dependent of the parent(s) or stepparent.
(5.) The amounts anticipated to be paid by each parent or stepparent during the month to individuals not living in the home, but who could be claimed as a dependent for federal income tax purposes will be deducted; and
(6.) The anticipated income available from each parent or stepparent will be considered to determine eligibility and the POWER performance payment amount for the family unit of the minor parent and child(ren) by comparing the income to the appropriate supplied shelter payment standard.
(1.) The anticipated gross earned income including tips or anticipated net profit from self-employment of the stepparent will be determined; and
(2.) The two hundred dollar ($200) earned income disregard will be deducted; and
(3.) The anticipated unearned income available to the stepparent will be added; and
(4.) The appropriate payment standard will be deducted for a household the size of the stepparent's; and a. Excluding the POWER eligible persons; and
b. Including any person living in the home who is not claimed by the stepparent as dependents for federal income tax purposes.
(5.) The amounts anticipated to be paid by stepparent during the month to individuals not living in the home, but who could be claimed as a dependent for federal income tax purposes will be deducted; and
(6.) The anticipated income available from the parent will be considered to determine eligibility and the POWER performance payment amount for the POWER family unit.
(IV) One hundred percent (100%) of the income and resources of a sponsor, and the sponsor's spouse, will be deemed available to the alien(s) until:
(1.) The alien achieves U.S. citizenship through naturalization through INS; or
(2.) The alien has worked forty (40) qualifying quarters as defined under Title IV, Subtitle A, Section 402 of Public Law 104-193).
(ii) The following steps will be used in determining prospective eligibility and computing POWER performance payments for each family unit.
(A) Eligibility will be determined prospectively for all performance payment months using the best estimate of income anticipated to be received during the performance payment month. The best estimate will be reviewed and recalculated each time a change in circumstances is reported or becomes known and at the time of a periodic review.
(B) The payment test must be met by the family unit prospectively. The payment standard test includes:
(I) The anticipated gross earned income of the family unit, excluding the earned income of the full-time dependent student, will be used prospectively;
(II) The earned income disregard is allowed; (III) Add the anticipated unearned income including; (1.) Child or spousal support anticipated to be received by the family unit; (2.) State assigned and collected nonexempt child or spousal support; and (3.) Exempt the first fifty dollars ($50) of child support. Note: This child support exemption will not be available after the April payment from the March 1997 collections. (IV) Add the best estimate of deemed income of stepparent, parent(s) of minor parent and/or the disqualified person or ineligible legal alien; (V) Compare the remaining amount against the payment standard for the number of POWER eligible individuals; (VI) Find the case eligible when the anticipated income is less than the payment standard and proceed with the performance payment calculation; or (VII) Follow steps (C)(X) when the anticipated income is equal to or exceeds the payment standard.
(C) The performance payment will be calculated as follows:
(I) Add the anticipated gross earned income of the parent(s) and the eligible child(ren); and
(II) Deduct the earned income disregard; and
(III) Add the anticipated unearned income by:
(1.) Including child or spousal support anticipated to be received by the family unit; and
(2.) Excluding state assigned and collected nonexempt child or spousal support; and
(3.) Exempting the first fifty dollars ($50) of child support anticipated to be paid to or kept by the family unit. Note: This child support exemption will not be available after the March 1997 collections. March 1997 collections are paid in April 1997.
(IV) Add the best estimate of deemed income of the stepparent, parent(s) of the minor parent and/or the disqualified person or ineligible legal alien; and
(V) Subtract all countable anticipated income from the maximum payment level for the number of POWER eligible individuals; and
(VI) Subtract the one hundred dollar ($100) family penalty as appropriate; and
(VII) Round the resulting performance payment amount down to the nearest whole dollar amount; and
(VIII) Find the case eligible when the anticipated income is less than the maximum payment level; or
(IX) Find the case eligible for the amount of the prior month's payment for the first month of ineligibility due to prospective earned income and/or child support when that income is equal to or exceeds the maximum payment level; or (X) Find the case ineligible when the anticipated income is equal to or exceeds the maximum payment level; or
(XI) Find the case ineligible for the second month of ineligibility when the anticipated earned and/or child support income is equal to or exceeds the maximum payment level.
(D) The individual will be considered to be a recipient when a zero money performance payment results from the ten dollar ($10) limit as a result of noncompliance, nonpayment or the recovery of an overpayment.
(E) An extra paycheck will not be a 'change in circumstances' when the best estimate calculation has included the conversion to a monthly amount.
(F) An underpayment will be processed only to correct an erroneous payment when:
(I) A performance payment was made for an amount less than the family unit was eligible to receive due to a change not acted upon timely by DFS or contract staff; or
(II) No performance payment was made and the family unit was eligible for a performance payment due to a change not acted upon timely by DFS or contract staff; or
(III) A performance payment is directed by a final order following a fair hearing.
(G) A redetermination of the best estimate will be required for the performance payment month when a change in circumstances is reported or becomes known. Each of the following constitutes a change in circumstances:
(I) Beginning or ending employment;
(II) Changing employers or obtaining additional employment;
(III) Increase or decrease in number of work hours (and the increase or decrease is expected to continue);
(IV) Increase or decrease in rate of pay; (V) Increase or decrease in household members;
(VI) Change in resources or address;
(VII) Moving from or to a shelter supplied situation to or from a shelter included situation.
(H) A change in circumstances must to be reported immediately when the change in circumstances becomes known to the family unit. When a change in household composition is reported or becomes known, the following will occur:
(I) An application form will be completed.
(II) An Individual Responsibility Certificate of Understanding will be completed for or by the individual entering the home when she/he is required to meet the Pay-After-Performance provisions. This is required whether or not her/his needs are added to the POWER performance payment.
(III) Eligibility must be redetermined and the amount of the performance payment will be recalculated.
(IV) The performance payment must be authorized by deadline for the first of the following month when the individual will be exempt from the Pay-After-Performance requirements and the family unit has complied with the requirements; or
(V) As follows when the individual is mandatory for the Pay-After-Performance requirements:
(1.) For the first of the month following the month of application when the application was received prior to the fifteenth and the Pay-After-Performance requirements were met; or
(2.) An immediate issuance on the first of the month following the month of application when the application was received on or after the fifteenth and the Pay-After-Performance requirements were met.
(iii) Lump sums:
(A) Lump sums will be considered income in the month following the month of receipt.
(B) The lump sum received prior to the month of application or after the month of closure will not counted.
(C) When a lump sum is discovered too late to be used prospectively, recovery of any overpayment will be made.
(D) The period of ineligibility, when appropriate, begins in the month in which the lump sum is received.
(E) The following procedure will be applied to lump sums to determine whether the total gross income, including child support and the lump sum, after applying the earned income disregard, exceeds the maximum payment level applicable for the POWER family unit size.
(I) When the lump sum and applicable income exceed the maximum payment level, the case will be found ineligible for the number of full months resulting from dividing the actual total gross income by the maximum payment level applicable to the number of POWER eligible recipients.
(II) The actual income remaining after the full months of the period of ineligibility have passed will be used when computing the first month's payment when reapplication is made in the last month of the period of ineligibility.
(III) The lump sum procedure will apply to income received by a disqualified individual or an ineligible legal alien.
(1.) The needs of the ineligible individual will not be taken into account in determining the period of ineligibility until the disqualification period ends.
(2.) The period of ineligibility will be recalculated taking into account the individual's needs when the disqualification period ends.
(F) The period of ineligibility will be shortened when:
(I) The maximum payment level increases due to:
(1.) A change from supplied shelter to shelter included for the household; or
(2.) A child is born to the family unit or a child moves into the home and is eligible to be added to the POWER performance payment; or (3.) Legislative action.
(II) The family unit incurs and pays medical expenses not covered by private health insurance and the covered expenses are:
Medicaid Program; or (1.) Any expense not covered by the service; or (2.) Any chiropractic service or pain clinic (3.) Any dental or eye care; or (4.) Any durable medical equipment; or (5.) Any services by a licensed psychologist or psychiatrist.
(III) The lump sum will become unavailable to the family unit because of a disaster which was beyond the family's control.
(IV) The following conditions must be met also:
(1.) The lump sum has been or will be spent for disaster related expenses; and
(2.) The lump sum was spent for food, clothing and/or shelter until the disaster occurred, based on the standard of need for each month; and
(3.) The family unit has no other income or resources to meet the expenses of the situation.
(G) Ineligibility does not follow the individual who was added to the family unit and who subsequently leaves the unit, nor is the period of ineligibility recalculated for remaining members of the family unit.
(H) A separate family unit will not be established when an additional eligible individual joins the family unit.
(l) The period of ineligibility resulting from a lump sum received while receiving cash assistance in another state has no bearing on eligibility in Wyoming.
(b) POWER payments will be processed according to the following procedure.
(i) The performance payment will be processed using the following procedure when the family unit is eligible for a performance payment.
(A) A performance payment will be allowed for the performance payment month for a family unit who met all of the eligibility conditions and Pay-After-Performance requirements.
(I) A change due to receipt of a lump sum payment, participating in a strike, receipt of excess income and resources may cause ineligibility and the ineligibility is for the entire performance payment month.
(II) A change in school attendance, parent in or out of the home or age during a month does not cause ineligibility for the performance payment month when the case will be eligible on the date payment will be paid.
(ii) Nonpayment of the performance payment will occur for the affected performance period when a mandatory family member has failed to comply with the POWER work requirements.
(iii) Failure of the family unit to comply with any of the child support performance requirements will result in the family's POWER performance payment not being issued for the affected performance payment month.
(iv) The POWER performance payment will be payable to the caretaker relative, the protective payee, court appointed guardian or custodian, vendor or two payees as in a two-party check.
(v) The POWER performance payment will be based on the number of eligible persons in the family unit, excluding the unborn child.
(vi) The warrant will not be altered in any way.
(A) The warrant will be delivered to the client in the existing form when an error occurs.
(B) The correction will be processed before the next warrant will be issued and do an underpayment or recovery when appropriate.
(vii) The warrant will be endorsed by the payee in ink on the reverse side.
(viii) A caretaker relative will be entitled to performance payment for the entire month in which a child leaves the home provided payment was not made for the same child in the same month to:
(A) Another relative; or
(B) Local, state, or IV-E foster care and temporary absence will not be met under a Voluntary Placement.
(ix) A caretaker relative will be entitled to a performance payment from the first day of the performance payment month when a child enters the home. The ten (10) month initial qualification rule must not apply and it is intended the child will live there permanently. A payment must not have been made for the same child in the same month to:
(A) Another relative; or
(B) Local, state or IV-E foster care and temporary absence was not met under a Voluntary Placement.
(x) Duplicate payment will not be made on behalf of the same child in the same month.
(xi) One performance payment can be allowed to a person acting for a caretaker relative in an emergency situation to provide time to make and carry out plans for the child's continuing care and support.
(xii) The applicant or recipient, case or person will be ineligible for the performance payment month when the needs have been covered by cash assistance in another state.
(xiii) Actual warrants will not be issued for amounts less than ten dollars ($10). The eligible persons will be considered as recipients and the month will count toward the five year benefit limit.
(xiv) The POWER performance payment will begin with the performance payment month when opening a case or when adding a person(s) when the ten (10) month initial qualification rule does not apply.
(A) The performance payment, including for an application to add an individual, will be authorized for the first of the month following the month of application when:
(I) The application was received prior to the fifteenth (15th); and (II) The Pay-After-Performance requirements were met.
(B) The performance payment, including for an application to add an individual, will be authorized as an immediate issuance on the first of the month following the month of application when
(I) The application was received on or after the fifteenth (15th); and (II) The Pay-After-Performance requirements were met.
(xv) A protective payment will be used as follows (W.S. 42-2-107):
(A) A protective payment, when appropriate, will be authorized to one of the following:
(I) A protective payee; (II) A vendor; (III) A foster care provider; (IV) Two payees as in a two-party check.
(B) A protective payment must be issued to the parent, adult relative or court appointed guardian or custodian when the performance payment is paid on behalf of a minor parent (unless emancipated) and his or her dependent child(ren).
(C) A protective payment will be issued and the needs of the caretaker relative left in the performance payment when the caretaker relative shows a current inability to manage funds which threatens the health and safety of the child(ren).
(I) Mismanagement will be presumed when DFS has information the recipient has two or more months of nonpayment of rent. The recipient may request a fair hearing; or
(II) All relevant circumstances will be considered to determine if mismanagement exists including but not limited to:
(1.) There are unpaid bills for a reason other than:
a. The occurrence of an unusual event, or a circumstance beyond the individual's control, which required the expenditure of the funds available; or
b. The necessary bills which exceed the performance payment and other income of the family unit; or
c. The result of the recipient's consumer right when there is a legitimate dispute over whether the terms of an agreement were met; or
d. The person is unable to manage funds due to a mental or physical condition verified by written medical or psychological reports.
(III) When mismanagement is believed to be a child neglect situation, the caretaker relative will be referred to Child Protection Services, who will determine if other services are needed.
(D) The recipient will be allowed to select the protective payee or participate in the selection to the extent possible.
(I) The person or relative selected to be the protective payee must be interested in or concerned with the welfare of the child(ren). Social service or fiscal staff employed by the agency may be a protective payee.
(II) The followed are excluded from being a protective payee:
(1.) The field office manager; (2.) Any field office staff member who determines the financial eligibility;
(3.) Personnel involved in Quality Control, recovery or special investigative staff;
(4.) Child support and work program contract staff; and
(5.) Landlords, grocers and other vendors of goods and services who deal directly with the recipient.
(III) The requirement of confidentiality must be explained to the protective payee;
(IV) The recipient must be notified of the appointment and the name of the protective payee.
(E) The protective payee status will be removed when:
(I) The minor parent reaches eighteen (18) years of age or becomes emancipated; or
(II) The caretaker relative has demonstrated the ability to manage funds in the best interest of the child(ren); or
(III) A guardian or legal representative has been appointed because the need for a protective payee will continue beyond two years due to the lack of improvement in the client's management skills.
(F) The protective payment status must be reviewed and a report required quarterly from the protective payee.
(xvi) A recovery case must be processed and followed-up when a performance payment was paid for a month in which the family unit was ineligible. (W.S. 42-2-112.)
(A) When an adverse change is unreported or reported untimely and a performance payment was paid incorrectly in the performance payment month, an overpayment exists.
(B) The two hundred dollar ($200) earned income disregard will not be allowed when establishing an overpayment due to an earned income client error or IPV.
(C) Recovery cases could include, but are not limited to, the following:
(I) Unreported wages or income; (II) Absent parent actually in the home; (III) Unreported lump sum; (IV) Retained child support; (V) Ineligible person in the family unit who was reported as eligible by the family; (VI) A person on strike; (VII) Administrative error; (VIII) Not eligible on date of performance payment; or (IX) Not reporting or underreporting education degree(s) or vocational training, etc.
(xvii) A POWER overpayment case will be referred to DFS-ORP for possible prosecution or intentional program violation (IPV) when it appears the client purposely misreported or failed to report information for more than one performance payment month or the violation is the same as previous program offenses. (W.S. 42-2-112 and Section 911 of the Public Law 104-193.)
(A) When the hearing decision or any court decision on criminal or civil misrepresentation or IPV has been received the EAS will:
(I) Generate the Notice of Disqualification or Judgment EPICS notice within 10 days of receipt of the disqualification decision, and
(II) Will require the client to sign the Installment Contract, as it will be a performance requirement for a performance payment; and
(III) Will require the client to choose a method of repayment.
(B) The penalties for IPV or criminal or civil misrepresentation will be imposed as follows:
(I) A family penalty of one hundred dollars ($100) will be imposed against the family unit;
(II) The recoupment amount will be determined to assure the family unit will receive income equal to ninety percent (90%) of the POWER maximum grant level as if the disqualified person were included, taking into consideration other available income; and
(III) All of the resources of the disqualified individual count; and
(IV) All of the income of the disqualified individual will count and the two hundred dollar ($200) earned income disregard not allowed when the error was an earned income client error or IPV; and
(V) The one hundred dollar ($100) family penalty will be applied to the household member who is convicted of fraud until full restitution of all POWER (formerly AFDC) erroneous payments are made; or
(VI) The one hundred dollar ($100) family penalty will be applied to the household member who was not prosecuted but did lose the disqualification hearing as follows:
disqualification; or (1.) Twelve months for the first disqualification; or (2.) Twenty-four months for the second disqualification; or (3.) Permanently, or as specified in the notice from the hearing officer, for the third or subsequent disqualifications.
(xviii) Underpayments will be computed and processed when a determination has been made that there has been an underpayment and will be offset against any overpayments.
(xix) POWER warrant or check hold.
(A) The POWER warrant or check may be held and not mailed to the payee for the following reasons:
(I) The recipient reports an address change too late to make the change for the first of the month and verbally agrees to pick up the warrant at the DFS-FO;
(II) The DFS-FO issues written notice to the recipient an address change was not processed and the warrant can be picked up at the office;
(III) The recipient requests the warrant be held due to problems with the postal service or the mailbox;
(IV) The recipient requests in writing that the POWER payment be terminated; or
(B) The POWER warrant or check will not be held for the following reasons:
(I) The DFS-FO shall refuse to request a hold on a case which is currently active in another field office; or
(II) When a recipient has failed to provide information, the DFS-FO shall terminate the POWER payment instead of holding the warrant or check.
(xx) Lost stolen, mutilated or returned warrants are reported and submitted to DFS-Benefits Processing Unit (BPU). The procedures delineated in the Wyoming WIN and the DFS administrative manuals shall be followed for all such warrants.
Section 9. Administration - Notification The regulations at W.S. 42-2-106, W.S. 42-2-110 shall apply.
(a) An adequate notice shall be issued on EPICS advising the applicant of the action taken on the application.
(b) An adequate notice shall be issued as a notice of intended action on EPICS using the following procedure. The notice will be received no later than the date of action or the date payment would have been received and include:
(i) The intended action to be taken in the manner of the performance payment;
(ii) The amount of the performance payment;
(iii) The date the action will occur;
(iv) The reason and specific regulation(s) supporting the action;
(v) A statement of the person's right to request an informal conference at the DFS-FO and a fair hearing. (W.S. 42-2-110.)
(vi) The explanation of the recipient's obligation and responsibility to report changes in income, resources or living situation to the DFS-FO immediately when the change in circumstances becomes known;
(c) A notice of action shall be issued at least five (5) days before the action would become effective when the agency obtains facts indicating the performance payment should be reduced or terminated due to possible fraud of the applicant or recipient.
(d) A notice of intended action shall be generated from EPICS when a change in circumstances is reported or becomes known and the information is incomplete or verification has not been furnished.
(e) A notice of action will be generated to inform the applicant or recipient the request for hearing has been received and performance payments will not continue pending the outcome of the fair hearing. The notice of action will include a statement if the fair hearing decision is in favor of the caretaker relative, an underpayment will be issued for each month the eligibility factors and performance requirements are met.
Section 10. Administration -- Review of eligibility and performance requirements. (W.S. 42-2-109.)
(a) Each family unit must report changes by phone, in person, in writing or on the change report form during regular business hours as follows: (i) Expected changes in income, resources, household size and address; and
(ii) Changes in circumstances during the performance period.
(b) The caretaker relative must report and provide verification of any change in circumstances immediately when the change in circumstances becomes known by the family unit.
(c) A change report will be mailed to the applicant by DFS-CO after authorization of the first full month of POWER and will include an explanation of the reporting requirement.
(d) The following procedure will be followed when a change in circumstances is reported timely and is complete.
(i) Eligibility will be redetermined.
(ii) Appropriate action will be initiated to:
(A) Leave the payment as it is when there is no change; or
(B) Process a change in the performance payment amount, address or other change; or
(C) Process a termination for ineligibility.
(iii) An adequate notice of action will be issued to the caretaker relative of any adverse action;
(iv) An updated change report form will be sent to the caretaker relative.
(e) The following procedure shall be used when a change is reported timely and the information is incomplete or verifications are missing:
(i) A notice of adverse action shall be generated upon discovery of the incomplete or unverified reported change to notify the caretaker relative the case will be terminated for the performance payment month:
(A) When the change occurs prior to the fifteenth (15th) of the current performance period because information or verification is needed.
(B) For the appropriate performance period when the change occurs on or after the fifteenth (15th) of the month because information or verification is needed.
(ii) The notice will identify the missing information and verification needed.
(iii) The notice will advise the client assistance will be available, upon request, to obtain information or verification when the individual is or would have difficulty in obtaining same.
(f) The information or verification when received, and the change shall be considered complete when the requested information or verification is received within the appropriate performance period; and
(i) Eligibility shall be redetermined.
(ii) The case file will be documented when the best estimate is recalculated indicating the information used and how the calculation was done; and
(iii) The POWER performance payment will be processed, or the case terminated or transferred to Medicaid only status, as appropriate; and
(iv) An adequate notice of action shall be issued to the caretaker relative of any adverse action caused by information given on the change report.
(g) Good cause shall be determined for untimely reporting of changes by requiring the caretaker relative to provide verification of the cause of untimely reporting of a change in circumstances.
(i) A report of a change will be considered untimely when not reported within the appropriate performance period unless the caretaker relative can provide proof of good cause;
(ii) The following will be considered to be good cause circumstances:
(A) The caretaker relative was out of town due to illness or death of an immediate family member;
(B) The caretaker relative or a member of the family unit was in the hospital;
(C) The postmark on the envelope proves the information or verification or change report was late due to postal problems;
(D) Circumstances of weather or disaster prevented the delivery or return of the information or verification or change report form; or
(E) Other circumstances beyond the family unit's control and for which no alternative was available.
(h) A redetermination of eligibility shall be done prospectively whenever a change in income, resources, and/or household size is reported.
(i) A periodic review of the eligibility factors shall be conducted whenever a change is known or suspected or at the time specified in policy for a specific eligibility factor or performance requirement. The periodic review will be done at least every six months for child only household.
(j) The caretaker relative must perform the following before the field office accepts transfer no later than the fifteenth (15th) of the performance payment month:
(i) Appear for a face-to-face interview to complete a periodic review of all eligibility factors except age and citizenship, and
(ii) Furnish verification(s) of all changes affecting eligibility.
(iii) Comply with the child support and work performance requirements.
(A) The transferring EAS, child support and work program action center staff will contact the receiving office to advise an open POWER case will be transferred.
(B) The original POWER and work program action center case file will be updated and transferred within seven (7) days of notification from the EAS to assure continuity of POWER performance requirements.
(iv) Staff all transfers with the transferring and receiving DFS-FO's, child support and work program action centers to assure continuity of compliance with the POWER performance requirements.
(k) A periodic review will be required every three (3) months when a one hundred dollar ($100) penalty has been imposed for at least three (3) months and no one in the family unit has become employed or has other income. The case will be referred to ORP when fraud is suspected.
(l) A periodic review and face-to-face interview will be conducted of all eligibility factors:
(i) Whenever a change is known or suspected;
(ii) At the time specified; and
(iii) At least once every six months with the month of application being the first month for 'child only' family units.
(m) Performance and other assessment activities are an integral and ongoing part of case management from the initial meeting to the successful inactivation of the POWER case.
(i) The exemption code will be updated immediately whenever the status of the POWER family member changes.
(ii) The CM will:
(A) Have contact with the job seeker at least once a month to assure performance requirements were met and review progress areas.
(B) Monitor performance requirements and immediately, when the requirements have not be met, advise the EAS and generate the appropriate JAS notice.
(C) Monitor the appropriateness of the job seeker's employment goal, work activities assuring the participation rates are met and update the IRP, as appropriate.
(D) Monitor the job seeker's current motivation and cooperation so challenges to employment are identified and addressed quickly.
(E) Monitor the decisions and agreements made in any fair hearing, good cause, incapacity and postponement processes.
(F) Monitor the agreed upon responsibilities to determine if the job seeker, agency, and resource agencies are meeting all items.
(G) Monitor good and satisfactory progress.
(H) Expect all job seekers to actively participate in POWER until they no longer receive a POWER performance payment.
(I) Monitor the performance requirements.
(J) Review progress of vocational training, on-the-job training or work experience activities at least quarterly in addition to the monthly performance requirements and include:
(I) Compliance with full-time participation and the educational or training time limits.
(II) Completion of the training within one (1) year.
(III) Maintenance of the equivalent of a 'C' grade average, competency gains or achievement of proficiency levels as determined by the CM, instructor, trainer or JTPA.
(IV) Consistent enrollment and attendance.
(K) Review, in addition to the monthly performance requirements, basic education (high school or GED) progress at least every term or semester and require:
(I) Compliance with full-time participation.
(II) Maintenance of the equivalent of a “C” grade average, competency gains or achievement of proficiency levels as determined by the instructor.
(III) Consistent enrollment and attendance.