Personal Opportunities With Employment Responsibilities

 

CHAPTER 1

 

Section 1.  Authority and Purpose.

 

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)(iii) and (xiii), and the Wyoming Administrative Procedures Act, W.S. 16-3-101 et seq. to promulgate rules and regulations.

 

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.

 

Section 2.  Definitions.

 

(a)"Adverse action" - a decision to decrease, deny or terminate POWER payments.

 

(b)"Affordable child care arrangements" - an available child care provider in the community whose charges for services does not exceed the local market rate established at the seventy-fifth (75th) percentile.

 

(c)"Agency error" - an incorrect action or failure to take action by a DFS worker or contract employee.

 

(d)"Applicant" - all household members included in a completed, signed and filed application for performance payments.

 

(e)"Application date" - date the signed application is received and date stamped in the DFS-FO and shall be the date compliance with the child support, work and eligibility performance requirements begins.

 

(f)"Appropriate child care" - child care meeting Wyoming licensing standards or, if legally exempt from child care licensing requirements, meeting minimum health and safety requirements, and received a favorable Central Registry and full fingerprint based national criminal background check.

 

(g)"Arrearage" - all amounts of past due child support and medical support.

 

 

(h)"Assistance unit" - the following individuals who are living in the same household and who 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); and

 

(iii)The stepparent and parent(s) of the minor parent.

 

(i)"Barrier to sale" - a statement in the document of ownership (bill of sale, deed, signature card, or contract) which specifies the sale can be made only under the circumstances given, or there is an inherent legal restriction to the sale.

 

(j)"Bona fide" -

 

(i)For burial, a trust, contract or agreement specified for that express purpose and there cannot be other funds or items designated for burial.

 

(ii)For job offer:

 

(A)The job applicant is 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 pays the applicable federal minimum wage or prevailing wage for like work in the community.

 

(k)"Break-in-aid" - a period of one (1) or more months in which an assistance unit is not eligible for POWER and does not receive a performance payment.

 

(l)"Care and control" - when a parent or caretaker relative can be counted on to function in planning for 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 are 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.

 

(m)"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).

 

(n)"Cash value" -

 

(i)For assets, the amount that would be paid if the assets were sold or converted to cash.

 

(ii)For income, the amount of income or the value assigned to the service rendered for in-kind income.

 

(o)"Commingled" - mixing countable and exempt funds together.

 

(p)"Compliance" - to comply with Pay-After-Performance requirements including registration for work and compliance with child support, work program and eligibility requirements.

 

(q)"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.

 

(r)"Contribution statement" - a written statement verifying a contribution has been made to or on behalf of another person(s).

 

(s)"Custodian" - an individual who has been appointed by the court to care for a person as reflected in a court order.

 

(t)"Deeming" - to consider the income and resources of one (1) person as the income and resources of a second person whether or not these are actually available.

 

(u)"Department of Family Services-Field Office (DFS-FO)" - the DFS staff that determines eligibility for Assistance Division Programs.

 

(v)"Department of Family Services-State Office (DFS-SO)" - the DFS staff that provides administration for Assistance Division Programs.

 

(w)"Earned Income Tax Credit (EITC)" - 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.

 

(x)  "Encumbrance" - a claim(s) or legal debt(s) against an asset which shall be paid when the asset is sold and will be supported by a written document.

(y)  "Equity value" - the fair market value less any legal debts (i.e. mortgages, loans, penalties, cost of sale) against the property.

 

(z)  "Exempt" - a category of income, asset or circumstances not subject to program policy or limits and shall not be counted for eligibility purposes.

(aa)  "Failure to comply" - neglecting to keep the initial interview and other scheduled meetings and to meet any of the child support, work program or eligibility performance standards.

 

(bb)  "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. 

(cc)  "Five (5) year limit" - AFDC, POWER, POWER-SASFA and/or Temporary Assistance for Needy Families (TANF) payments are limited to five (5) years (whether or not consecutive) for any assistance unit regardless of location. 

(dd)  "Foster care provider" - the facility or person(s) licensed or approved by DFS and caring for the child(ren) placed in their care.

 

(ee )  "Foster Care, Title IV-E" - Title IV-E foster care is a financial assistance program under the Social Security Act, as amended.

 

(ff )  "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.

 

(gg) "Full-time employment" -  35 or more clock hours per week and earning at least the equivalent of the federal minimum wage including self-employment. 

 

(hh)"Garnishment" - a legal withholding of a specified sum from wages to satisfy a creditor.

 

(ii)"Guardian" - an individual appointed by the court to care for a person as reflected in a court order specifying the guardianship.

 

(jj)"Homeless" - the condition or lack of a permanent dwelling or lack of a fixed or home address.

 

(kk)"Housing subsidy" - any government payment provided to an assistance unit for rent.

 

(ll)"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.

 

(mm)"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.

 

(nn)"Income" - money received from any source, excluding any item specified as a resource.

 

(i)Countable income - the amount of the recipient's income used in the computation of the performance payment after application of the disregard, when appropriate.

 

(ii)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).

 

(iii)Exempt income - income that is not counted.

 

(iv)Fluctuating income - income that varies in frequency of receipt or income that varies in amount each month due to:

 

(A)Working overtime.

 

(B)Work shift differential.

 

(C)Hourly pay with varying hours.

 

(D)Receipt of tips or commissions.

 

(E)Changes of hours or pay-rate.

 

(F)Decrease or increase in hours of work due to vacations, sick leave or seasonal employment.

 

(v)Gross income - the total money the person is entitled to receive prior to any deductions.

 

(vi)In-kind income - the receipt of a good(s) or a service(s) instead of money.

 

(vii)Net income or profit - gross income from self-employment minus current business expenses.

 

(oo) "Income producing property" - property essential to the production of goods and services (i.e. stock (merchandise), inventory, tools, equipment, trucks, cars, earth moving equipment).  This does not include real property, such as rental property, business property and farm land.

 

(pp)"Individual Responsibility Certificate of Understanding (IRCU)" - the document which shall be signed by all adult, minor parent and teenage school dropout applicants/recipients and describes the required performance standards which shall be met to receive a performance payment.

 

(qq)"Individual Responsibility Plan (IRP)" - the document mutually agreed to by the POWER applicant/recipient and the Benefit Specialist and/or Department of Workforce Services (DWS) work program case manager (CM) which is a self-sufficiency plan for the family. 

 

(rr)"Intentional program violation (IPV)" - the action of making a false or misleading statement, a misrepresentation, concealment or withholding of facts.

(ss)"Knowledgeable source" - For evaluation of an asset, a person who is professionally aware of the value of the property in the community.

(tt)"Lump sum" - a payment of earned or unearned money ( i.e. payment of retroactive benefits such as, but not limited to, RSDI, lottery winnings, Unemployment Insurance Benefits, cash inheritances or worker's compensation awards). It is the total amount received minus legal fees required to make the money available and minus the amount designated by the payer or source for medical expenses.             

 

(uu)"Medical professional" - a licensed physician, a licensed psychologist or master's level mental health worker.

 

 

(vv)"Minor parent" - an unemancipated mother or father who is under the age of 18.

 

(ww)"Net profit" - for self-employment, the gross receipts, less the current business expenses.

 

(xx)"Noncompliance" - the act of refusing or failing to comply with a child support, work program or eligibility performance standard.

 

(yy)  "Noncompliance penalty" - nonpayment of POWER due to not cooperating with the Pay-After-Performance requirements and the month counts toward the five (5) year benefit limit.

 

(zz)"Noncustodial Parent" - the parent who does not have primary care, custody, or control of the child, and who may have an obligation to pay child support.

 

(aaa)"Notice of action" - a written statement which informs the applicant/recipient of the intended action.

 

(bbb)"Overpayment" - performance payment or work activity expenditure received by or for an assistance unit which exceeds the amount for which the family was eligible.

 

(ccc)"Part-time employment" - less than 35 clock hours per week, or if the hours average more than 35 hours per week, earnings are less than the federal minimum wage.

(ddd)"Pay-After-Performance" - receipt of a performance payment after the mandatory family members have met the child support, work program and eligibility requirements for the corresponding performance period.

 

(eee)"Performance payment month" - the payment received on the first of the month following the performance period and paid for compliance during that performance period.

 

(fff)"Performance period" - the 15th of one (1) month through the 14th of the following month.

 

(ggg)"Periodic review" - an 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.

 

(hhh) "Primary caretaker" - the person(s) who provides the care and control of the child(ren) more than 50% of the month or year. 

 

(iii)"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, these include:

 

(i)State Hospital;

 

(ii)Wyoming Life Resource Center;

 

(iii)State Penitentiary;

 

(iv)Women's Center;

 

(v)Honor Farms;

 

(vi)Girls' School;

 

(vii)Boys' School;

 

(viii)Wyoming Pioneer Home;

 

(ix)Community Alternative Centers (CAC); and

 

(x)City or county jail facilities.

 

(jjj) "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 and includes quarters worked by the immigrant, a parent while the immigrant was under 18 and quarters worked by a spouse while married to the immigrant.

 

(kkk)"Reasonable appraisal" - a value given by a knowledgeable source.

 

(lll)"Reasonable distance" - the distance from home to work does not exceed two (2) hours per day not including the transportation of a child to and from a child care facility.

 

(mmm)"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.

 

(nnn)"Resident" - a person who lives in Wyoming with the intent to reside permanently in the state.

 

(ooo)"Shelter costs" - the amount of money required to provide housing (i.e. rent, mortgage payments, motel rates) or utilities (i.e. water, sewer, heat, electricity).

 

(ppp)"Single custodial parent" - for the work program exemption, the parent is the only adult in the assistance unit.

 

(qqq)"Single-Parent family" - a family with one (1) custodial parent or, if both parents are in the home, one (1) parent is an SSI recipient.

 

(rrr)  "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. 

(sss)"Strike" - any concerted slowdown, interruption of operations by employees or any stoppage of work by employees, including a stoppage by reason of the expiration of a collective-bargaining agreement.

 

(ttt)"Subsidized employment" - employment in which the wages are financed from public funds, including on-the-job-training and work experience through Workforce Investment Act (WIA) and Division of Vocational Rehabilitation (DVR) or work study programs.

 

(uuu)"Teen parent" - a parent age 18 or 19.

 

(vvv) "Temporary absence" - the condition of a dependent child(ren) being away from the home when:

 

(i)The child(ren) is expected to return to the home within 90 days; and

 

(ii)The caretaker relative continues to exercise responsibility for the care and control of the child(ren).

 

(www)"Two-parent family" - a family consisting of both parents (natural or adoptive 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. 

 

(xxx)"Uncompensated value" - the fair market value less the gross sale price.

(yyy)"Underpayment" - a performance payment received by or for an assistance unit which is less than the amount for which the unit was eligible.

 

(zzz)"Vendor" - a person or business who provides goods or services to a recipient or on behalf of a recipient.

 

(aaaa)"Vendor payment" - an amount paid on behalf of an assistance unit which the assistance unit cannot convert to cash to meet its needs.

 

(bbbb)"Vocational training" - a POWER work activity which is an organized educational program of no more than one (1) 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. Also an approved educational program under POWER-SASFA .

 

(cccc)"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.

 

(dddd)"Voluntary quit" - an applicant or recipient has refused, terminated or decreased her/his employment or rate of pay without good cause, including being fired due to her/his own fault.

 

(eeee)"Work activity expenditure" - specifically requested and approved work activity expenditure which assists the applicant/recipient in becoming employed while decreasing dependence on government assistance.

 

(ffff)"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.  Work experience includes the assessment, employability plan and activities established and monitored by DVR for the incapacitated applicant/recipient.

 

(gggg)"Work program action center" - the place where case management services, and job club and job readiness activities are offered and a job network center is maintained.

 

(hhhh)"Zero money payment" - a month where no performance payment is made either due to the noncompliance penalty or to overpayment recovery.  The individuals receiving zero money payments are considered POWER recipients.

 

Section 3.  Application/Intake Process. 

(a)Application/Intake process.

 

(i)The DFS-FO shall:

 

(A)Provide an application upon request.

 

(B)Require a separate application for each assistance unit.

 

(C)Accept and date stamp a signed application from the applicant upon receipt during regular business hours, or the next business day when placed in a drop box, in the county of residence or other county as approved by DFS-SO.

 

(D)Upon request, make arrangements for someone to assist the applicant in completing the application.

 

(E)Conduct an interview with the applicant.

 

(F)Inform the applicant of her/his rights and responsibilities.

 

(G)Inform the applicant that valid documentation of alien status shall 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 shall be met before a performance payment can be authorized, the noncompliance penalties and the requirement to perform for a full performance period before any penalty can be overcome.

 

(I)Inform the applicant which family members shall sign the IRCU as a condition of eligibility.  Applicants and applicable family members shall:

 

(1.)Sign the IRCU by Wednesday of the same week if application is made on Monday, Tuesday or Wednesday; or

 

(2.)Sign the IRCU by Wednesday of the following week if application is made on Thursday or Friday of the prior week.

 

(J)Provide each applicant with an IRP or appointment form indicating the dates by which the individual shall:

 

(1.)Register for work online or at the DWS;

 

(2.)Contact the work program action center CM; and/or

 

(3.)Contact the child support workers.

 

(K)Inform the applicant what documents and verifications shall be provided no later than 10 days of a notice requesting the information or verification.

 

(L)Verify no one in the assistance unit has within the 60 calendar days prior to the date of application and without good cause:

 

(1.)Refused a bona fide job offer of employment or training for employment;

 

(2.)Voluntarily quit employment;

 

(3.)Voluntarily reduced hours of employment and/or rate of pay; and/or

 

(4.)The employment was for at least 20 hours per week or provided weekly earnings equivalent to the federal minimum wage multiplied by 20 hours.

 

(M)Grant or deny good cause for voluntary quit.  Good cause shall be verified and for one (1) of the following reasons:

 

(1.)The applicant was legally, physically or emotionally unable to perform the type of work involved or lacked the basic skills required to do the job.

 

(2.)Employment was reduced or terminated through no fault of the applicant.

 

(3.)The applicant was subjected to intimidation, abuse, exploitation or harassment by the business management or the general public and the applicant exhausted all resources available for resolution of the problem.

 

(4.)Unsafe or unsanitary working conditions existed and the applicant exhausted all resources available for resolution of the problem.

 

(5.)The job did not pay the applicable state or federal minimum wage.

 

(6.)The expenses of the employment exceeded the net income.

 

(7.)The job was not covered by Worker's Compensation as required under state law and the applicant exhausted all resources available to acquire coverage for an injury.

 

(N)Not authorize a performance payment for the assistance unit until compliance has occurred for 30 calendar days in a voluntary quit situation.  The performance payment shall begin with the first of the month following the date of application if performance requirements are met.

 

(O)Notify the applicant in writing of the decision to approve or deny the application.

 

(1.)The performance payment shall be authorized after the Pay-After-Performance requirements are met.

 

(2.)The application shall be denied immediately upon determination any assistance unit member refuses to meet the Pay-After-Performance requirements.             

 

(3.)The noncompliance penalty shall be authorized when the IRCU was completed and any mandatory assistance unit member failed to comply with the Pay-After-Performance requirements.

 

(P)Inform the applicant/recipient she/he can request an administrative hearing if there is an adverse action to her/his case.  No performance payment shall be authorized pending the hearing decision.

 

Section 4.  POWER Program Rights. 

 

(a)The applicant has a right to apply for POWER:

 

(i)Upon request;

 

(ii)On the prescribed form(s) obtained in person, electronically or by mail;

 

(iii)During regular business hours; and

 

(iv)In the county of residence.

 

(b)The applicant/recipient has a right to be accompanied at interviews and assisted by any person(s) of her/his choice.

 

(c)The applicant/recipient has a right to have the application and other personally identifiable information maintained confidential as provided by law.

 

(i)The family or individual shall sign a release of information:

 

(A)Prior to pertinent information being released for an administrative hearing or before responding to requests for information from a government authority or the courts.

 

(B)Prior to the CM requesting or sharing information relating to the POWER work program performance requirements and prior to requiring attendance at group activities.

 

(d)The applicant/recipient has a right to:

 

(i)Be informed about the eligibility factors and the performance requirements which shall be met in order to receive a performance payment each month.

 

(ii)Be informed about the responsibilities of applicants/recipients.

 

(iii)Withdraw the application for POWER.

 

(iv)Adequate notice of the decision on the application, on a request for work activity expenditure or any adverse action.

 

(v)Claim good cause to allow exclusion from cooperation with child support requirements. 

 

(vi)Receive continued child support services with no application or fee following termination from POWER.

 

(vii)Apply for child support services for a fee when a POWER application is denied.

 

(viii)Request information as to the child support collection status, 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). 

 

(ix)Be informed of the right to request an administrative hearing within 30 days from the date of notice of an adverse action. 

 

(A)The performance payment shall not be authorized pending the administrative hearing decision. 

 

(B)The following administrative hearing processes shall apply:

 

(I)W.S. 16-3-107 through 16-3-112;

 

(II)The Office of Administrative Hearing Rules for Contested Case and Procedure Before the Office of Administrative Hearings; and

 

(III)The Department of Family Services Rules for Contested Cases Hearing Procedures, Chapter 1.

 

(x)The applicant/recipient has the right to reapply following denial or termination of the performance payment.

 

(e)Specific clients have the following rights:

 

(i)An emancipated minor or parent age 18 and over shall apply on her/his own behalf and cannot be included in her/his parent's unit, even if living in her/his parent's household.

 

(ii)Native American and other minority clients have the right to equal access to POWER services even when the services are available under a tribal program funded through the TANF block grant.

 

(iii)Employees not receiving POWER have the right to an administrative hearing if they believe they were displaced or replaced by a POWER applicant/recipient  in the following situations: 

 

(A)When on layoff from the same or any substantially equivalent job; or

 

(B)When terminated from the employment as a result of an involuntary reduction in workforce in order to fill the vacancy with a POWER applicant/recipient  in an assigned work activity.

 

(iv)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.

 

Section 5.  POWER Assistance Unit Responsibilities.

 

(a)The applicant shall provide a dated, completed and signed application to the DFS-FO in the form prescribed by DFS.

 

(b)The applicant/recipient and all other mandatory family members shall sign the IRCU as a condition of eligibility within the time frames specified in Section 3 of these rules.

 

(c)The applicant/recipient and all other mandatory family members shall register for work online or at the DWS and comply with the IRP.

 

(d)The applicant/recipient shall meet the Pay-After-Performance child support, work and eligibility requirements.

 

(e)The applicant/recipient who has a previous overpayment shall sign an Installment Contract as a condition of eligibility and as a performance requirement unless the case is pending prosecution or the overpayment was due to an agency error.

 

(f)The applicant/recipient shall cooperate with the process of determining eligibility by:

 

(i)Providing information essential to the decision on eligibility.

 

(ii)Providing documents for required verification.

 

(iii)Providing a Social Security Number (SSN), Social Security card or providing proof of application for a SSN.

 

(iv)Notifying the DFS-FO and verifying any changes that affects eligibility or the performance payment including, but not limited to, income, assets, employment, assistance unit composition, school enrollment and address.

 

(g)The applicant/recipient shall report changes not later than 10 calendar days after the change becomes known to the applicant/recipient. 

 

(h)The applicant/recipient shall provide information or verifications needed to establish eligibility for POWER not later than 10 days from the date of a notice requesting the information or verification.

 

(i)The applicant/recipient shall apply for and accept income for which she/he may be eligible including, but not limited to: RSDI, SSI, Unemployment Benefits, and Worker's Compensation.

 

(j)When the assistance unit requests an additional year beyond the five (5) year benefit limit due to abandonment or desertion, they shall report the abandonment or desertion to law enforcement. 

 

(k)The applicant/recipient shall request the Child Support Program review and request the child support order(s) be amended as the child's or either parents' circumstances change. 

 

Section 6.  POWER Eligibility Factors.

 

(a)Each applicant/recipient shall meet each of the eligibility factors to be eligible for POWER.

 

(i)The following persons are potentially eligible:

 

(A)A dependent child. 

 

(B)A natural or adoptive parent including one (1) who is married to a stepparent.

 

(C)A caretaker relative who is in need.

 

(D)A stepparent who is the only caretaker relative of a natural, step or adopted child in the home and who is in need.

 

(E)A two (2) parent family or a married couple with at least one (1) child in common in the home.

 

(F)A parent, even if she/he has a child in the home receiving SSI.

 

(G)A child, even if she/he is in the home of a parent who receives SSI.

 

(H)A minor parent(s) 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.

 

(I)A minor parent shall be referred to the Child Protection Services within DFS in the following situations:

 

(1.)When the minor parent claims no residency is available 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. The minor parent and dependent child(ren) are potentially eligible for a performance payment.

 

(ii)An eligible person(s) cannot be any of the following:

 

(A)A person(s) who is receiving SSI.

 

(B)A person(s) who is an inmate in a public institution.

 

(C)A person eligible for and receiving Title IV-E or other federal, state or local foster care maintenance payments, including a voluntary placement.

 

(D)A child for whom adoption assistance payments are provided.

(E)An applicant/recipient, case or person for the month the needs have been covered by cash assistance by another entity or in another state (TANF payments cannot be received concurrently).

 

(F)An assistance unit when a member is participating in a strike.

 

(G)Any individual who:

 

(I)Is a fugitive felon;

 

(II)Is a parole violator; or

 

(III)Is an illegal alien.

 

(iii)Residency.

 

(A)Each person applying for POWER shall be a resident of Wyoming, which includes:

 

(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; and

 

(2.)Is not receiving cash assistance from another state.

 

(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 performance payment as long as Wyoming residency requirements are met.

 

 

(iv)Age.

 

(A)Each child shall be between birth and less than age 18; or

 

(B)If age 18, the child shall be attending high school full-time and expected to graduate before reaching age 19.

 

(v)Educational requirements.

 

(A)The parent(s) of a child, including a minor parent, age 15 and under or who has not yet completed the 10th grade shall require the child or minor parent to be currently enrolled and physically attending school full-time. 

 

(B)A child, including a minor parent, age 16 or older or who has completed the 10th grade and not graduated shall be:

 

(I)Currently enrolled and physically attending high school full-time; or

 

(II)Complying with the work program performance requirements.

 

(C)A performance payment shall 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.

 

(D)To continue to be eligible, a child age 18 and a minor parent of any age in the assistance unit shall be:

 

(I)Currently enrolled and physically attending high school full-time; and

 

(II)Maintaining a "C" or equivalent cumulative grade point average.

 

(E)A child age 18, excluding a minor parent, shall be expected to graduate from the school or program before reaching the age of 19 to continue to be included in the family's performance payment. 

 

(F)A dependent child who is not required to comply with the work requirements shall be eligible when not attending school because of official vacations, illness, convalescence, or family emergency involving an immediate family member and the absence is temporary. 

 

(G)A dependent child who is required to comply with the work requirements shall seek and accept employment during summer breaks if not enrolled in summer school full-time.

 

(vi)SSN. Each applicant/recipient shall:

 

(A)Provide a SSN card;

 

(B)Acknowledge the SSN has been received from SSA on a Third Party Query (TPQY) or a SSA 1610;

 

(C)Provide verification the SSN was applied for at the hospital at the time of birth of the child;

 

(D)Provide a receipt from SSA showing application has been made for an SSN; or

 

(E)Reapply for assistance within two (2) years of termination and the SSN has been previously validated with evidence which is still available in the case record.

 

(vii)Each applicant shall provide identification prior to being found eligible.

 

(viii)Each applicant/recipient shall be a U.S. citizen or qualified alien as defined by law, and shall provide verification of citizenship or alien status.

 

(ix)The applicant/recipient shall be a relative of the child(ren) and:

 

(A)Lives with the child; and

 

(B)Is the primary caretaker of the child(ren).

 

(C)Living with a relative eligibility factor remains even if the child is temporarily absent from the home.

 

(I)During the temporary absence, the POWER payment for the child will not be continued when a child is in foster care, including a voluntary placement.

 

(x)Every child and parent (eligible or ineligible), unless receiving SSI, and every eligible caretaker shall meet the following asset requirements:

 

(A)All the combined assets of the assistance unit will not exceed the limit of $5,000, excluding the vehicles exempted under (E).

 

(B)The cash value, unpaid principal or fair market value less legal encumbrances shall be used to determine the equity value of the nonexempt resource.

 

(C)The applicant/recipient shall obtain two (2) appraisals from knowledgeable sources when the value of the resource(s) causes ineligibility and is disputed by the applicant/recipient.

 

(D)The asset shall not be exempted when exempt and nonexempt funds are commingled.

 

(E)Assets that are specifically exempt from the asset limit are listed in Appendix A and as otherwise provided by law.

 

(F)The asset is nonexempt when it is owned by the parent, the eligible caretaker relative or the eligible child(ren) or any person who would otherwise be included in POWER except for a disqualification. 

 

(G)The asset is available when:

 

(I)No legal barrier or restriction exists;

 

(II)The document shows it is owned solely by the applicant /recipient;

 

(III)The applicant/recipient can withdraw funds, sell the asset or owned interest in the asset or dispose of the asset in any way; and

 

(IV)The asset is owned by more than one (1) person but the applicant/recipient can access the asset, or a portion of the asset, without the permission of the co-owner(s) even when a statement of refusal to sell is furnished.

 

(H)The asset shall be considered unavailable when:

 

(I)More than one (1) signature is required to withdraw or convert all or part of the asset to available cash and the co-owner(s) refuses to withdraw or convert.

 

(II)The applicant/recipient was unaware of his/her ownership in the asset and did not have the opportunity to become aware of it.

 

(1.)The applicant /recipient bears the burden of proving each member of the assistance unit was unaware of the asset and none had the opportunity to become aware of it.

 

(2.)The asset shall 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 asset.

 

(I)If the asset is located out of Wyoming, the laws in that state shall apply.

 

(J)Assets acquired or that increase during the performance payment month shall be evaluated as of the first day of the following performance payment month. 

 

(K)The assets of the sponsor, and the sponsor's spouse, are deemed to be 100% available to the alien. These are deemed until the alien(s) becomes a citizen or until 40 qualifying quarters of work without receipt of government benefits exist. 

(L)A transfer of a nonexempt asset for less than fair market value which occurred within the three (3) months prior to application shall be exempt if the transfer was:

 

(I)A settlement of a legally enforceable debt;

 

(II)Clearing the title to property in which the applicant had no beneficial or enforceable interest;

 

(III)The equity in property which was owned jointly, and through a court action the other owner was granted the equity in the property; or

 

(IV)The property was an exempt asset at the time of transfer.

 

(M)The penalty for transferring the nonexempt portion of a asset, when the applicant/recipient cannot provide proof the transfer occurred for reasons other than gaining or maintaining eligibility, shall 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;

 

(II)Dividing the uncompensated equity value by the maximum payment amount for the assistance unit size; and

 

(III)The resulting whole number shall be the number of full months the assistance unit shall be ineligible.

 

(IV)The ineligibility shall begin with the month the transfer occurred.

 

(N)The conversion of an exempt or a nonexempt asset to cash shall be considered an asset and the proceeds shall be within the asset limit to remain eligible for POWER.

 

(xi)The income eligibility factor shall be met by the assistance unit.

 

(A)The total income available and each source of income received by the following individuals shall be reviewed and a determination made as to whether the income is considered as earned, unearned, exempt or nonexempt:

 

(I)The parent(s);

 

(II)The ineligible stepparent;

 

(III)The eligible caretaker relative;

 

(IV)The eligible child(ren);

 

(V)The ineligible child(ren) in the assistance unit;

 

(VI)The parent(s) of the minor parent; and

 

(VII)All disqualified family members.

 

(B)The following shall be used to determine if income is available to the assistance unit:

 

(I)Applicant /recipient shall apply for and accept income for which they would be eligible if they applied (i.e. RSDI, SSI, Unemployment Insurance, Workers' Compensation, veterans' benefits, or child support). Foster Care Maintenance Payments are excluded from this requirement. An assistance unit shall not be required to pursue Foster Care Maintenance Payments even if they potentially could be eligible. 

 

(II)The income of:

 

(1.)A spouse to be available to the other spouse; and

 

(2.)A parent to be available for an unemancipated child, including a minor parent, up to age 18, or up to age 19 if a full-time student and expected to graduate.

 

(III)Income shall 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 shall be prorated or averaged over the period covered by the income unless not indicative of future months.

 

(V)Income shall be considered as an asset when still available on the first of the month following the month received.

 

(VI)The garnishment of income shall be considered voluntarily assigned to pay a debt and countable income.

 

(VII)The income of an ineligible alien sibling shall be exempt in determining the need of an otherwise eligible dependent.

 

(VIII)The income of a sponsor, and the sponsor's spouse, shall be deemed to be 100% available to the alien.  These are deemed until the alien(s) becomes a citizen or until 40 qualifying quarters of work without receipt of government benefits exist.

 

(C)Income shall be treated as provided in Appendix B and as by law.

 

(xii)Each applicant/recipient shall meet the five (5) year limit.

 

(A)An assistance unit who has three (3) or more years of Aid For Dependent Children (AFDC) as of January 1, 1997 may receive an additional two (2) years of cash assistance after January 31, 1997 with the following exceptions:

 

(I)Unemancipated minor parents who are head of the assistance unit shall have only one (1) year of assistance counted toward the five (5) year limit when receiving a performance payment for self and dependent child(ren);

 

(II)Adults and emancipated minor parents who previously received cash assistance as a dependent child, excluding the unemancipated minor parents, shall be allowed up to the five (5) year limit under their own assistance unit;

 

(III)A non-parent caretaker relative, not included in the grant, shall receive a performance payment beyond the five (5) year limit for a child(ren) if she/he is not legally financially responsible for the child(ren).

 

(B)The needs of a non-parent caretaker relative shall 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.

 

(I)The performance payments shall be allowed to continue for the child(ren); or

 

(II)The performance payments shall not continue for the child(ren) if the child(ren) received five (5) years of assistance as part of her/his parent's AFDC grant or TANF/POWER or a POWER-SASFA performance payment.

 

(C)The following are counted toward the five (5) year limit:

 

(I)All months that cash assistance was received in another state or U.S. territory, regardless of location.

 

(II)All months AFDC or TANF payments have been received since July 1, 1987;

 

(III) A month with non-payment due to noncompliance; and

 

(IV) A month in which an assistance unit member is disqualified for any reason.

 

(D)Performance payments may be extended for up to two (2) years beyond the five (5) year limit for a family who is fleeing due to domestic violence and because a family member has been battered or subjected to extreme cruelty.

 

(E)Performance payments may be extended for up to one (1) year beyond the five (5) year limit when the assistance unit claims desertion as provided by law.

 

(I)The assistance unit shall report the desertion to law enforcement; and

 

(II)The assistance unit shall meet the child support performance requirements.

 

(III)If any acknowledgment exists of the absent parent assuming the care and control of the child(ren) within the one (1) year hardship period, the assistance unit shall not be eligible for POWER; or

 

(IV)If the applicant/recipient refuses to notify law enforcement or meet the child support performance requirements the assistance unit shall not be eligible for POWER.

 

(F)The DFS-SO shall review  assistant units, excluding those specified in paragraph (G) below, within six (6) months of the five (5) year limit to determine if a hardship extension is appropriate and notify the DFS-FO of the action(s) to be taken. 

 

(I)When claiming to be incapacitated/disabled, the applicant/recipient shall provide verification that she/he is totally physically or mentally disabled.

 

(1.)She/he shall not be capable of obtaining or retaining employment, of participation in a job training program or of maintaining independence in the community.

 

(2.)This provision shall only be effective as long as the individual is totally disabled or incapacitated.

 

(II)When claiming to care for a totally physically or mentally disabled immediate family member, the applicant/recipient shall provide verification she/he is needed in the home full time to provide care.

 

(1.)Reasonable absences due to normal

household functions shall be allowed.  

 

(III)The POWER extension shall be terminated if noncompliance occurs with the Pay-After-Performance requirements during the extension.

 

(IV)The assistance unit shall reapply for the extension and a review shall be conducted by DFS-SO to determine if another extension should be granted. 

 

(G)The five (5) year limit shall not count for any month an adult Tribal member and their spouse, when applicable, was living on any reservation  if, during the month at least 50% of the adults living on the reservation were unemployed.

(H)If the applicant/recipient fails to report receipt of cash

assistance after July 1, 1987, an overpayment shall occur for performance payments incorrectly paid and the individual disqualified due to intentional program violation.

 

(xiii)The case shall be denied, closed, reduced, or placed in nonpayment status when one (1) or more of the eligibility factors or performance requirements are not met.

 

Section 7.  Pay-After-Performance - Child Support Requirements. 

 

(a)Each applicant/recipient, including a minor parent, shall meet the child support performance requirements to receive a performance payment.  These requirements are:

 

(i)The applicant/recipient shall assign the following to the State:

 

(A)Any rights to child support on his/her own behalf or on behalf of any other family member for whom the applicant/recipient is requesting a monthly performance payment; and

 

(B)Child support obligations which have accrued at the time such assignment is executed.

 

(ii)A minor parent shall pursue child support action against the following:

 

(A)Her/His parents, if not residing in the home with the parents; and/or

 

(B)The non-custodial parent of the child.

 

(iii)The adult and minor parent applicant/recipient shall sign an IRCU at application and when a family member's child support status changes.

 

(iv)The applicant/recipient shall cooperate in the following:

 

(A)Identifying and locating the absent parent;

 

(B)Establishing the paternity of a child born out of wedlock;

 

(C)Appearing at a DFS-FO or a Child Support office, at initial application and, when requested, to give information, sign papers or provide evidence including answering written or telephone requests;

 

(D)All putative fathers and all other putative paternal

relatives shall be referred at the time of application to pursue establishment of paternity;

 

(E)Obtaining child and medical support for the child(ren) and minor parent and spousal support for herself/himself and any other payments or property due to self or the child(ren);

 

(F)Paying immediately to DFS-FO any support payments received for an assistance unit member; and

 

(G)Providing new information on the absent parent when it becomes known.

 

(v)Complete a referral to Child Support on each absent parent of each eligible child, including a deceased parent, a parent whose rights were terminated or an adoptive parent. The referral form shall be completed when the following occurs:

 

(A)An application is made;

 

(B)A child is added to an open case;

 

(D)The intact family separates;

 

(E)Paternity is excluded;

 

(F)A minor parent lives in a separate household from his/her parents;

 

(G)The caretaker relative or absent parent has a name change;

 

(H)The father is unknown; or

 

(J)The applicant/recipient is married but claiming the husband is not the absent parent, by completing the form on the husband and all other possible fathers.

 

(vi)The case shall be denied, closed, reduced, or placed in nonpayment status for noncompliance with the child support requirements when the above listed requirements are not met unless good cause is approved. 

 

(b)For child support court ordered obligor cases, the child support worker shall be responsible for the following:

 

(i)Receiving the court orders and distributing these to the appropriate work program action center along with the information concerning the child(ren);

 

(ii)Monitoring the child support payments; and

 

(iii)Advising the CM when the obligation is met.

 

(c)The applicant/recipient shall 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/recipient shall be informed no performance payment will be authorized until the good cause claim is approved or denied.

 

(ii)The applicant/recipient has the right to claim good cause if one (1) 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 as 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/recipient resolve the issue of whether to keep or relinquish the child(ren) for adoption as verified by a statement from the public or private social agency.

 

(iii)The applicant/recipient claiming good cause shall provide the required types of evidence within 20 days from the date of the signed request.

 

(iv)When the other documents listed above cannot be obtained, the caretaker relative shall provide two (2) notarized statements from persons who have personal knowledge of the circumstances being claimed in the good cause.

 

(v)The request for good cause and the supporting documents shall be reviewed by DFS-SO and a determination made concerning the good cause claim.

 

(A)The performance payment shall be authorized when the good cause claim is approved; or

 

(B)The performance payment shall be denied, terminated or placed in nonpayment status when evidence is not received within 20 days of signing the referral to Child Support form.

 

(vi)Child Support shall not attempt to establish paternity or collect support when the good cause claim is approved.

 

(vii)The applicant/recipient may request the case no longer be in the good cause status.

 

(d)The following process shall be followed when child support payments have been retained by the recipient:

 

(i)DFS recovery process shall be followed when support is retained after the performance payment was paid resulting in an overpayment.

 

(ii)A notice of action shall be sent to advise the recipient retaining child support shall be considered noncompliance.

 

(iii)The performance payment shall be placed in nonpayment or reduced status in the corresponding performance period for a minimum of one (1) month when the recipient has retained the current month's support.

 

(e)Assigned child support shall be submitted to the State of Wyoming in all instances after the authorization for the first performance payment.

 

Section 8.  Pay-After-Performance -- Work Program Requirements.

 

(a)Exempt Individuals.

 

(i)Applicants/recipients who meet the following criteria shall be exempt from the work program requirements:

 

(A)A child, excluding a minor parent, who is enrolled in and attending school full-time or who is preschool age;

 

(I)If a child under age 16 is not attending school full-time, the DFS-FO shall work with the parent or caretaker relative to resolve the problem. Failure of the parent or caretaker relative to cooperate in developing and implementing a plan to resolve the problem shall result in reduction or nonpayment of the family's performance payment.  The child shall not be mandatory for participation in the work program.

 

(B)An adult who is 65 years of age or older; and

 

(C)The single custodial parent, excluding a minor parent or a teen parent without a high school diploma or equivalent, who is personally providing care for a child under the age of three (3) months.

 

(I)This exemption is only available for 12 months in a lifetime and may be used for more than one (1) child. 

 

(ii)Exemption Status Change.

 

(A)The exempt individual who becomes mandatory shall have a signed IRP and be in compliance with the work requirements on the date the exemption changes. 

 

(B)Failure of the mandatory family member to meet the performance requirements shall result in reduction or nonpayment of the performance payment.

 

(b)Registration online or at the DWS.

 

(i)At each application, recertification, or when her/his work exemption status changes to mandatory, the applicant/recipient shall register for work online or at the DWS. 

 

(ii)Failure of the applicant/recipient to comply with the work registration requirements as outlined by the work program action center CM, shall result in denial, closure, reduction or nonpayment of the performance payment. 

 

(c)Work program performance requirements. 

 

(i)Mandatory family members shall be advised on the IRCU they shall have a signed IRP and be meeting the work requirements. 

 

(A)Mandatory family members shall contact the work program action center CM as identified by the Benefit Specialist on the IRP or appointment form. They shall be in an active IRP by the following time frames:

 

(I)An IRP shall be completed by Wednesday of the same week if application is made on Monday, Tuesday or Wednesday; or

 

(II)An IRP shall be completed by Wednesday of the following week if application is made on Thursday or Friday of the prior week.

 

(B)Failure of the mandatory family member to begin meeting the performance requirements shall result in denial, reduction or nonpayment of the performance payment.

 

(ii)At the initial meeting, the work program action center CM shall:

 

(A)Complete an assessment to determine if the applicant/recipient is:

 

(I)Required to do full-time job search;

 

(II)Required to undergo appropriate substance abuse treatment; 

(III)Approved for teen parent educational activities;

 

(IV)Approved for full-time vocational training;

 

(V)Required to follow the treatment plan of a medical professional as an incapacitated individual;

 

(VI)Required to follow the treatment plan of a medical professional as an individual caring for an immediate family member;

 

(VII)Required to follow a plan to correct circumstances which have contributed to domestic violence; and/or

 

(VIII)Approved for employability work experience.

 

(B)Develop and implement an IRP.   

 

(iii)The CM shall do the following when the individual is incapacitated:

 

(A)Require the applicant/recipient to provide a Statement of Incapacity form completed by her/his medical professional.

 

(B)Require the applicant/recipient to follow the medical professional's treatment plan.

 

(C)In a temporary incapacity situation:

 

(I)Set up the work program case and IRP recognizing the limitations of the medical problem and supporting the medical or mental health professional's prescribed treatment.

 

(II)Update the IRP when the applicant/recipient has recovered from the incapacity sufficiently to be making at least minimal effort to become employed, or request a new Statement of Incapacity if the applicant/recipient indicates she/he is not recovered sufficiently to begin work activities.

 

(D)The CM will consider referral of the long-term incapacity case to the DVR, when appropriate.

 

(I)With DVR participation:

 

(1.)Accept the employability plan developed by the DVR counselor.  The DVR approved activities shall be considered as work experience activities for the work program.

 

(2.)Ensure the IRP progress shall be reviewed at least every three (3) months by staffing the case with the DVR counselor.

 

(3.)Resolve differences with the DVR counselor.

 

(4.)Notify the Benefit Specialist when the incapacitated applicant/recipient is in noncompliance with the DVR employability plan.  Noncompliance shall result in reduction or nonpayment of the family's performance payment for the corresponding performance period. 

 

(II)              Without DVR participation:

 

(1.)             Require the applicant/recipient to access any available community resources for evaluation.

 

(2.)Require the applicant/recipient to follow the treatment plan of the medical professional/mental health professional.

 

(3.)Require the applicant/recipient to accept suitable work activities, appropriate life skills training or other appropriate steps leading to self-sufficiency.

 

(E)After the incapacity determination has been made utilizing the Statement of Incapacity form, the CM shall place the individual in a work experience recognizing the limitations for the medical problem and supporting the medical professional's prescribed treatment with the goal of achieving the following:

 

(I)Independent living;

 

(II)Employment; or

 

(III)Participation in job training programs that would reasonably lead to independent living or monetary self-sufficiency.

 

(iv)The CM shall do the following if the individual is a caretaker who must stay home to provide care full-time for a totally disabled or incapacitated immediate family member:

 

(A)             After the incapacity determination has been made for the immediate family member utilizing the Statement of Incapacity, the CM shall place the individual in a work experience recognizing the limitations for the medical problem and supporting the medical or mental health professionals prescribed treatment. The family member must reside with the caretaker because there is no other reasonable alternative; and

 

(B)Update the IRP when the incapacitated family member has recovered from the incapacity sufficiently to allow the applicant/recipient to be making at least minimal effort to become employed, or request a new Statement of Incapacity if the applicant/recipient indicates the incapacitated family member is not recovered sufficiently to begin work activities.

 

(v)The following shall apply when the mandatory applicant/recipient alleges the family is fleeing for personal safety or for the safety of her/his children, has been victimized by being battered or subjected to extreme cruelty because of domestic violence, or is at risk of further being battered or subjected to extreme cruelty because of domestic violence on the IRCU:

 

(A)The CM shall require a statement from law enforcement or a domestic violence agency, or both, verifying the situation;

 

(B)For applicants/recipients who have not exhausted their five (5) year benefit limit:

 

(I)Work requirements may be waived for up to one (1) year through postponement, without reevaluation if participation in work activities would endanger the health or safety of the family;

 

(II)The waiver of the work requirements shall be limited to one (1) year unless reevaluation occurs each six (6) months after the first year; and

 

(III)The waiver of the work requirements shall be limited to two (2) years unless:

 

(1.)Reevaluation occurs each six (6) months after the first year; and                                                                     

 

(2.)The applicant/recipient is cooperating in the development and implementation of a safety plan which shall be shared with DFS.

 

(C)For the applicants/recipients who have exhausted their five (5) year benefit limit, the waiver of the work requirements under this section may be waived for an applicant/recipient only if participation in work activities would endanger the health or safety of the family.  The waiver shall only occur when:

 

(I)The applicant/recipient's circumstances are reevaluated at six (6) months intervals; and

 

(II)After one (1) year, the applicant/recipient is cooperating in the development and implementation of a safety plan which shall be shared with DFS.

 

(vi)The CM shall:

 

(A)Ensure the IRP provides progress toward employment and increases the responsibility and amount of work the applicant/recipient is to handle over time; 

 

(B)Complete an assessment at the beginning of the case life cycle to determine the most meaningful and appropriate work activity for the applicant/recipient at that time; and 

 

(C)Ensure the applicant/recipient's employment goal is specific, includes a target date and is realistic. 

 

(d)Participation requirements.

 

(i)The CM shall start with full-time participation. 

 

(ii)Class or lab hours shall be as follows:

 

(A)Applicants/recipients in approved vocational or job skills training  shall be considered to be participating only during class hours, including lab time if listed on the applicant/recipient's class schedule.

 

(B)During summer break, applicants/recipients shall be considered participating in an educational or training activity if enrolled full-time.

 

(C)Home schooling shall not count as a work activity for a parent as a teacher. 

 

(I)Home schooling shall count for the mandatory child if she/he is in a full-time program approved by the local school district, and the child's progress toward a high school diploma or equivalent shall be documented each midterm and end of term.

 

(iii)Self-employment hours shall be determined by taking gross income minus business expenses to determine net income and then net income is divided by the federal minimum wage.

 

(iv)Each applicant/recipient shall actively perform during the hours established in the IRP and immediately report to the CM any anticipated deviation from the plan.

 

(v)The CM shall report noncompliance with the work activity requirements to the Benefit Specialist immediately, but no later than the 15th of the month or the first working day after the 14th of the month.

 

(vi)The case shall be denied, closed, reduced or placed in nonpayment status when the mandatory applicant/recipient has failed to comply with the work program requirements. 

 

(vii)Assignment to work activities shall: 

 

(A)             Be consistent with policy requirements and limitations;

 

(B)              Lead to unsubsidized employment or self-sufficiency

through accessing other resources; and

 

(C)              Meet the federal participation requirements.

 

(viii) The following work activities meet the federal participation

requirements:

 

(A)             Unsubsidized employment;

 

(B)              Subsidized employment in the private or public sector;

 

(C)              Work experience:

 

(I)                Work experience is unsalaried job training;

 

(II)              The training shall include skills which are

transferable to the work place and afford the participant the opportunity to develop basic work habits, practice skills, acquire on-the-job experience or demonstrate skills to a prospective employer.

(III)           Work experience may also include:

 

(1.)             Achieving upward mobility;

 

(2.)             Budgeting;

 

(3.)             Goal setting;

 

(4.)             Life-long learning; and

 

(5.)             Decision making.

 

(D)             On-the-job training;

 

(E)              Job search which  includes:

 

(I)                Developing job seeking skills;

 

(II)              Receiving information and counseling concerning

job availability and job search;

 

(III)           Participating in job club;

 

(IV)           Completing job applications;

 

(V)             Setting up and participating in job interviews;

 

(VI)           Developing job retention skills; and

 

(VII)        Accepting employment.

 

(F)               Job readiness which includes:

 

(I)                Preparing for work;

 

(II)              Retaining work;

 

(III)           Becoming familiar with general work place

expectations;

 

(IV)           Exhibiting work behavior and attitudes necessary to

compete successfully in the labor market; and

 

(V)             Preparing for self-sufficiency.

 

(G) Vocational educational training which shall:

 

(I)                Be directly related to the preparation of

individuals for employment in a nonprofessional career or to upgrade skills for a nonprofessional career;

 

(II)              Only be approved if it is the first training

program for the applicant/recipient unless she/he is upgrading skills to obtain or maintain certification or employment;

 

(III)           Be targeted to a specific job;

 

(IV)           Be completed within 12 months and the applicant/recipient shall maintain full-time enrollment and a "C" cumulative grade point  average; and

 

(V)             Be limited to the number of approved applicants/recipients allowed by federal requirements.

 

(H) High school or GED for teen parents meeting

satisfactory school attendance:

 

(I)Maintaining continuous enrollment;

 

(II)              Maintaining at least a "C" cumulative grade point

average; and

 

(III)Completing the requirements within six (6) months or graduating with his/her graduation class.

 

(e)Failure to comply.

 

(i)Failure to comply occurs when the mandatory applicant/recipient fails to:

 

(A)Contact the CM within the time frame established by the Benefit Specialist on the IRP or appointment form;

 

(B)Keep the initial and all other scheduled appointments;

 

(C)Follow through with any items specified on the IRP; and

 

(D)Accept and maintain suitable employment.

 

(ii)A failure to comply notice shall be sent immediately to the noncomplying applicant/recipient and shall:

 

(A)Explains the specific reason for the failure to comply;

 

(B)Indicates the effective date of the action;

 

(C)Explain what needs to occur for the applicant/recipient to come back into compliance; and

 

(D)Provide applicable legal cites.

 

(iii)Good cause for failing to comply. 

 

(A) The applicant/recipient shall request in writing a good cause determination within the time frame specified in the failure to comply notice.

 

(B) Good cause shall be supported with documentation.

 

(C) Good cause for failing to meet the work performance requirements shall only be granted for the following reasons:

 

(I)                The applicant/recipient 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 applicant/recipient.

 

(III) The applicant/recipient is subjected to intimidation, abuse, exploitation, harassment or unsafe working conditions.

 

(IV) The job does not pay applicable federal minimum wage or the prevailing wage for like work in the community.

 

(V) The applicant/recipient encounters an emergency (involving herself/himself or an immediate family member) that reasonably precludes full cooperation and participation with assigned work activities.

 

(VI)The applicant/recipient is a single custodial parent caring for a child under age six (6) who has demonstrated an inability to obtain needed child care under one (1) of the following reasons:

 

(1.) Appropriate child care;

 

(2.) Reasonable distance; or

 

(3.) Affordable child care arrangements.

 

(iv)The work program case shall be closed for the following reasons:

 

(A)The performance payment ended; or

 

(B)The applicant/recipient becomes exempt from the work program requirements.

 

(f)Work activity expenditures. 

 

(i)Limited work activity expenditures.

 

(A)Work activity expenditures shall be only available to applicants/recipients who are assigned to a countable work activity.

 

(B)Work activity expenditures which are available on an as needed basis as follows:

 

(I)Transportation services, including gas for an applicant/recipient's own vehicle or transportation by another person, taxi or bus.

 

(II)Union dues or professional licensing fees.

 

(III)Clothing, personal grooming, uniforms, and interview assistance. 

 

(IV)Interviewing assistance (transportation and per diem) can be provided to an applicant/recipient to enable her/him to accept a bona fide appointment for a job interview in a city outside of the city they reside in.

 

(V)Vehicle insurance, licensing or repair for a vehicle which is owned by the applicant/recipient who has a valid driver's license.

 

(VI)Tools.

 

(VII)Relocation assistance.

 

(1.)Financial assistance can be provided to an applicant/recipient to move to another location or city to accept a job opportunity 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 one-time only for one-way relocation to the nearest location where the job opportunity will be available and does not include shelter or utility deposits.

 

(3.)The employment shall be verified.

 

(VIII)Assessment expenditures.

 

(IX)Educational or training expenditures such as:

 

(1.)High School equivalency tests;

 

(2.)Tuition, books and other educational supplies; and

 

(3.)Tutoring for minor parents or teenagers only.

 

(ii)The applicant/recipient shall:

 

(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 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) as required by the CM.

 

(C)Take responsibility for the expenditure by accessing other resources that might be available.

 

(D)Execute the requirements of the IRP.

 

(iii)The CM shall:

 

(A)Assure the expenditure will not result in an illegal action.

 

(B)Inform the applicant/recipient of repayment or recoupment if she/he:

 

(I)Fails to comply with the IRP; or

 

(II)Fails to provide correct information in order to obtain the work activity expenditure.

 

(C)Send a notice which includes all legal cites, the decision, and the basis for an adverse decision on the work activity expenditure request.

 

(g)Child support court ordered obligor cases. 

 

(i)The CM shall assure a court ordered child support obligor is a parent who:

 

(A)Has been ordered by the court to participate in POWER; and

 

(B)Is unemployed and able-bodied.

 

(ii)See Section 7 (c) of these rules.

 

(iii)The child support court ordered obligor shall comply with the court order and:

 

(A)Have an initial meeting with the work program action center CM within the time frame established in the court order;

 

(B)Complete, sign and date a manual IRP; and

 

(C)Follow all requirements outlined on the IRP.

 

(iv)The CM shall:

 

(A)Provide the court with a status report each month if the

obligor is cooperating or advise the court and the Child Support Office when it is determined the obligor is not cooperating.

 

(B)Terminate the work program case when the court ordered obligor has become employed or in non-compliance.

 

Section 9.  Budgeting and Payment Process. 

 

(a)Budgeting process:

 

(i)DFS shall determine whom is included in an assistance unit as follows:

 

(A)One (1) assistance unit when:

 

(I)Two (2) parents with at least one (1) child in common, whether married or not; 

 

(II)Two (2) parents, each with an eligible child(ren), are married to each other;

 

(III)Three (3) generations, which includes a minor parent, live in the household; or

 

(IV)A caretaker relative is applying for her/his child(ren) or a child(ren) of one (1) or more relatives.

 

(B)Two (2) assistance units when:

 

(I)Two (2) unrelated caretaker relatives live in the same household;

 

(II)Two (2) siblings are caretaker relatives and live in the same household with their child(ren) and each of the sibling caretaker relatives is at least 18 years of age;

 

(III)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 18 years of age; or

 

(IV)A mother or father with her/his own children who lives in the same household with a son or daughter who is over age 18 or emancipated and who lives in the household with his or her own children.

 

(ii)DFS shall determine the financial responsibility of family members:

 

(A)Income of the spouse shall be available for her/his spouse;

 

(B)Income of a parent shall be available to a child(ren), excluding emancipated minors, up to age 18 or up to age 19 when expected to graduate from high school prior to attaining age 19; and

 

(C)Earned income of a dependent child under the age of 18 who is not a full-time student or a dependent child age 18 who will graduate by age 19 shall be available to the assistance unit.

 

(iii)DFS shall determine which individual(s) within an assistance unit(s) shall be counted for the purpose of calculating a performance payment.

 

(A)The following individuals, if living in the same household as the dependent child and otherwise eligible to receive POWER, shall be included in one (1) assistance unit:

 

(I)The natural, legal or adoptive parent(s) of a dependent child.

 

(II)The blood-related or adoptive siblings of the dependent child who are themselves dependent children within the age limits.  An emancipated minor is not considered a dependent child.

 

(B)The following shall be excluded from the assistance unit:

 

(I)Individuals who receive SSI benefits.

 

(II)Individuals to whom Title IV-E or other federal, state or local foster care maintenance payments are being made.

 

(III)Aliens who are ineligible due to deeming income of their sponsors or due to sponsorship by an agency or organization.

 

(IV)Individuals ineligible due to receipt of lump sum income.

 

(V)Emancipated minors and parents age 18 and over.

(VI)Any individual who falls within the list below; however, that individual's assets and income shall still be used in determining the assistance unit's eligibility and calculating the performance payment.  

 

(1.)Is a fugitive felon;

 

(2.)Is a parole violator;

 

(3.)Is an illegal alien;

 

(4.)Has been convicted of fraud against the State of Wyoming after January 1, 1997; or

 

(5.)Was found to have committed an IPV for POWER.

 

(iv)DFS shall determine whether the assistance unit is eligible for a shelter qualified maximum payment or a shelter disqualified maximum payment.

 

(A)The shelter disqualified maximum payment shall be used when the assistance unit:

 

(I)Has no obligation to pay any portion of the shelter costs or the costs are completely furnished as a contribution;

 

(II)Is living in a government housing subsidy;

 

(III)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

 

(IV)The assistance unit includes an SSI recipient.

 

(B)The shelter qualified maximum payment shall be used when the above criteria for shelter disqualified maximum payment is not met, when shelter is provided as earnings or when the assistance unit pay any portion of their housing or utility costs.

 

(v)DFS shall determine when the $600 or $1200 shall be disregarded from the gross earned income as follows:

 

(A)The $600 earned income disregard shall be allowed for a stepparent or when the family member is an eligible applicant/recipient in a two-parent family, single-parent family or is a caretaker relative included in the performance payment.

 

(B)The $1200 earned income disregard shall be allowed when an eligible married couple is applying for or receiving POWER with a child in common regardless of whether both are employed.

 

(C)The earned income disregard shall not be allowed:

 

(I)When establishing an overpayment due to a client error or intentional program violation relating to earned income; or

 

(II)When deeming the income of a sponsor.

 

(vi)The following contributions shall apply when calculating performance payments for an assistance unit:

 

(A)For disqualified individuals:

 

(I)Anticipated gross earned income, including tips, or net profit from self-employment;

 

(II)The $600 or $1200 earned income disregard shall be deducted;

 

(III)The anticipated unearned income shall be added; and

 

(IV)The balance shall be considered the best estimate of available income for the computation of the performance payment.

 

(B)For parent(s) or stepparent(s) of the unemancipated minor parent when a minor parent under age 18 lives with her/his parent(s):

 

(I)Determine the anticipated gross earned income including tips or net profit from self-employment;

 

(II)The $600 earned income disregard shall be allowed for each parent or stepparent with anticipated earnings;

 

(III)The anticipated unearned income shall be added to each parent or stepparent; and

 

(IV)The appropriate maximum payment shall be deducted for the following persons:

 

(1.)Each parent or stepparent living in the home; and

 

(2.)Any other person(s) living in the home who is not part of the assistance unit and is a dependent of the parent(s) or stepparent.

 

(V)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, shall be deducted; and

 

(VI)The anticipated income available from each parent or stepparent will be considered to determine eligibility and the performance payment amount for the assistance unit of the minor parent and child(ren) by comparing the income to the appropriate shelter supplied maximum payment.

 

(C)For the stepparent:

 

(I)The anticipated gross earned income including tips or anticipated net profit from self-employment of the stepparent shall be determined;

 

(II)The $600 earned income disregard shall be deducted;

 

(III)The anticipated unearned income available to the stepparent shall be added; 

 

(IV)The appropriate maximum payment shall be deducted for a household the size of the stepparent's, excluding the POWER eligible persons, and including any person living in the home who is not claimed by the stepparent as dependents for federal income tax purposes;

 

(V)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 shall be deducted; and

 

(VI)The anticipated income available from the parent shall be considered to determine eligibility and the performance payment amount for the assistance unit.

 

(D)100% of the income and assets of a sponsor and the sponsor's spouse shall be deemed available to the alien(s) until:

 

(I)The alien achieves U.S. citizenship through naturalization; or

 

(II)The alien has worked 40 qualifying quarters.

 

(vii)The following steps shall be used in determining prospective eligibility and computing performance payments for each assistance unit:

 

(A)Eligibility shall be determined prospectively for all performance payment months using the best estimate of monthly income anticipated to be received during the performance payment month. 

 

(I)The best estimate shall be reviewed and recalculated each time a change in circumstances is reported or becomes known and at the time of a periodic review.

 

(II)The best estimate of available income for computation of the performance payment shall be determined by:

 

(1.)Computing the anticipated gross earned income, including tips, or the anticipated net profit from self-employment using:

 

a.Historical income and business expense information;

 

b.Income verified by pay stubs; or

 

c.Income verified by employer statements; and

 

d.Income shall be converted to monthly amounts when received:

 

1.Weekly by multiplying the weekly amount times four and three tenths (4.3);

 

2.Bi-weekly amount times two and fifteen hundredths (2.15); or

 

3.Semi-monthly amount times two (2).

 

(2.)Income from self-employment, employment on a contractual basis or income received intermittently on a quarterly, semi-annual or yearly basis is prorated or averaged over the period covered by the income unless not indicative of future months.

 

(3.)Fluctuating income shall be estimated at the weekly amount and multiplied times four and three tenths (4.3).

 

(B)The maximum payment test shall be met by the assistance unit prospectively.  The maximum payment test includes:

 

(I)The anticipated gross earned income of the assistance unit, excluding the earned income of a dependent child who is a full-time high school student under the age of 18, shall be used prospectively.

 

(II)The $600 or $1200 earned income disregard is deducted.

 

(III)The anticipated unearned income is added including:

 

(1.)Child or spousal support anticipated to be received by the assistance unit; and

 

(2.)State assigned and collected nonexempt child or spousal support.

 

(IV)The best estimate of deemed income of stepparent, parent(s) of minor parent or the disqualified person is added after applying the appropriate calculation.

 

(V)The balance is compared against the maximum payment for the number of eligible individuals.

 

(VI)The case shall be eligible when the balance in (V) is less than the maximum payment.

 

(VII)The performance payment shall be calculated by subtracting the balance in (V).

 

(VIII)The performance payment amount shall be compared against the anticipated child support collection.  The case shall be terminated in the second prospective payment month following the first month of prospective ineligibility when the performance payment is equal to or less than the nonexempt child support anticipated to be collected and it is anticipated the child support amount will be ongoing.

 

(IX)The case shall be eligible for the prior month's performance payment for the first month of ineligibility due to an increase in prospective child support when:

 

(1.)The total income is equal to or exceeds the income limit;

 

(2.)The assistance unit has continuously received a performance payment for two (2) or more full payment months; and

 

(3.)Compliance with the performance requirements has occurred in the corresponding performance period.

 

(X)The earned income incentive shall be available for up to six (6) consecutive months after the assistance unit has become ineligible for a regular performance payment because of earned income when:

 

(1.)The assistance unit shall be given the option to choose between the one (1) month or six (6) month earned income incentive payment.  Both the one (1) month or six (6) month option shall count toward the five (5) year benefit limit.

 

(2.)The case shall be eligible for the amount of the prior month's payment for the first month of ineligibility due to an increase in earned income when:

 

a.The total income is equal to or exceeds the income limit;

 

b.The assistance unit has continuously received a performance payment for two (2) or more full payment months; and

 

c.Compliance has occurred in the corresponding performance period.

 

(3.)The Benefit Specialist shall determine if the case is eligible for the earned income incentive payment.

 

a.The earned income incentive payment shall be available for up to six (6) consecutive months after the assistance unit has become ineligible for a performance payment because of prospective earned income.

 

b.The six (6) consecutive months count whether or not the earned income incentive payment continues unless the income is reduced or ceases due to no fault of the participant.  Any remaining earned income incentive payment months can be applied if the earned income is reduced or ceases due to no fault of the participant if she/he again becomes ineligible for a performance payment due to earned income.

 

c.The amount of the earned income incentive payment is based on 50% of the maximum payment level for the assistance unit size as long as the family member remains employed regardless of fluctuations in earnings.

 

d.The assistance unit shall be eligible for the one (1) month earned income incentive payment when:

 

1.The assistance unit has continuously received a payment for two (2) or more full payment months;

 

2.The family member entered new employment or has an increase in earnings;

 

3.The assistance unit has not previously received an earned income incentive payment, has not previously been penalized because of noncompliance with the performance requirements or disqualified because of other program restrictions or violations; and

 

4.The employment is not temporary.

 

(C)The individual shall be considered a recipient when a zero money performance payment results from noncompliance, nonpayment or the recovery of an overpayment.

 

(D)An extra paycheck shall not be a "change in circumstances" when the best estimate calculation has included the conversion to a monthly amount.

 

(E)An underpayment shall be processed to correct an erroneous payment when:

 

(I)A performance payment was made for an amount less than the assistance unit was eligible to receive due to a change not acted upon timely;

 

(II)No performance payment was made and the assistance unit was eligible for a performance payment due to a change not acted upon timely;

 

(III)A performance payment is directed by a final order following an administrative hearing; or

 

(IV)There is no outstanding overpayment as the underpayment will be used for offsetting.

 

(F)A redetermination of the best estimate shall 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 or an unearned income source;

 

(II)Changing employers or obtaining additional employment;

 

(III)Increase or decrease in number of work hours that is expected to continue;

 

(IV)Increase or decrease in rate of pay;

 

(V)Increase or decrease in assistance unit members;

 

(VI)Change in assets or address; or

 

(VII)Moving from a shelter disqualified maximum payment to a shelter qualified maximum payment or vise versa.

 

(G)A change in circumstances shall be reported not later than 10 calendar days after the change becomes known to the assistance unit.  The applicant/recipient shall provide verifications needed for redetermination of eligibility not later than 10 days from the date of a notice requesting the verification.

 

(H)When a change in assistance unit composition is reported or becomes known, the following shall occur:

 

(I)An IRCU shall be completed 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 performance payment.

 

(II)Eligibility shall be redetermined and the amount of the performance payment recalculated considering the individual's income and assets. 

 

(III)A determination as to whether the individual is mandatory or exempt.

(IV)The performance payment shall be authorized by the deadline for the 1st of the following month after verification and compliance has been completed. 

 

(viii)Lump sums.

 

(A)Lump sums shall be considered exempt unearned income and a nonexempt asset in the month of receipt.

 

(B)If there is a remaining balance in the following month(s), it shall be included as an asset until it is gone.

 

(b)Payment process.

 

(i)A performance payment shall be allowed for the performance payment month for an assistance unit who met all of the eligibility conditions and Pay-After-Performance requirements.

 

(A)A change due to receipt of a lump sum, participating in a strike, and receipt of excess income or assets may cause ineligibility.

 

(B)              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 as long as the performance requirements are met within specified time frames.

 

(ii)The performance payment shall be payable to the caretaker relative, court appointed guardian or custodian, or vendor.

 

(A)             If applicant/recipient is determined incompetent, the amount payable may be made to a custodian of the recipient.

 

(iii)            The performance payment shall be made via an Electronic Payment Card (EPC).

 

(iv)The performance payment shall not be used in liquor stores, casinos, gambling casinos, gaming establishments, marijuana dispensaries, and retail establishments which provide adult-oriented entertainment.

 

(v)A caretaker relative shall be entitled to a performance payment for the entire month in which a child leaves the home after the payment is received 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 for maintenance, including a voluntary placement.                            

 

(vi)A caretaker relative shall be entitled to a performance payment the first of the month following the month in which a child enters the home when all performance requirements are met. 

 

(vii)Duplicate payments shall not be made on behalf of the same child in the same month.

 

(viii)One (1) performance payment may 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.

 

(ix)The applicant/recipient shall be ineligible for the performance payment month when cash assistance has been received in the same month in another state. The performance payment shall be computed from the first of the following month and performance requirements shall be met.

 

(x)The performance payment shall begin from the date of application when the program and performance requirements have been met.

 

(xi)When adding a person(s), the performance payment shall begin the first of the month following the month of application and all performance requirements have been met.

 

(xii)A case shall be referred to the DFS Fraud and Recovery Unit when a performance payment was paid for a month in which the assistance unit was overpaid or ineligible. 

 

(A)When a change is unreported or reported untimely and a performance payment was paid incorrectly in the performance payment month, an overpayment exists.

 

(B)The $600 or $1200 earned income disregard shall not be allowed when establishing an overpayment due to an earned income client error or intentional program violation which occurred prior to August 1, 1997.

 

(C)After August 1, 1997, an unreported or untimely reported adverse change shall be considered noncompliance and the noncompliance penalty shall be applied.

 

(D)Recovery cases shall include agency errors.

 

(xiii) Underpayments shall be computed and processed when a determination has been made there has been an underpayment and will be offset against any overpayments.

 

Section 10.  Notification. 

 

(a)An adequate notice shall be issued on the computer system advising the applicant of the intended adverse action taken on the application.

 

(b)An adequate notice shall be issued as a notice of intended adverse action on the computer system 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 adverse action to be taken;

 

(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 applicant/recipient's right to an administrative hearing;

 

(vi)The explanation of the recipient's obligation and responsibility to report changes in income, assets or living situation to the DFS-FO no later than 10 calendar days after the change becomes known; and

 

(vii)A statement if an administrative hearing decision upholds the action taken by DFS an overpayment shall be established for each month the eligibility factors and performance requirements were not met.

 

(c)A notice of intended action shall be generated from the computer system when a change in circumstances is reported or becomes known and the information is incomplete or verification has not been furnished.

 

(d)A notice of action shall be generated to inform the applicant/recipient the request for hearing has been received and performance payments shall not continue pending the outcome of the administrative hearing.

 

(i)The notice of action shall include a statement if the administrative hearing decision is in favor of the caretaker relative, an underpayment shall be issued for each month the eligibility factors and performance requirements are met.

 

(ii)The notice of action shall include a statement if the administrative hearing decision is in favor of DFS, an overpayment shall be established for each month the eligibility factors and performance requirements were not met.

 

Section 11.  Review of Eligibility and Performance Requirements. 

 

(a)Each assistance unit shall report changes by phone, in person, in writing or on the change report form including:

 

(i)Changes during the performance period (i.e. income, assets, school enrollment,  assistance unit size or address).

 

(b)The caretaker relative shall report any change in circumstances within 10 calendar days after the change becomes known by the assistance unit. The applicant/recipient shall provide verifications needed for redetermination of eligibility not later than 10 days from the date of a notice requesting the verification.

 

(c)The following procedure shall be followed when a change in circumstances is reported and verified:

 

(i)Eligibility redetermined.

 

(ii)Appropriate action initiated to:

 

(A)Leave the payment as it is when there is no change; 

 

(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 issued to the caretaker relative of any adverse action.

 

(d)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 10 calendar days unless the caretaker relative can provide proof of good cause.

 

(ii)The following shall 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 assistance unit was in the hospital;

 

(C)The postmark on the envelope proves the information,  verification or change report was late due to postal problems;

 

(D)Circumstances of weather or disaster prevented the delivery or return of the information, verification or change report form;

 

(E)The recipient did not report a change to the CM but did report the change to the Benefit Specialist; or

 

(F)Other circumstances beyond the assistance unit's control and for which no alternative was available.

 

(e)A periodic review of the eligibility factors shall be conducted no less than once every six (6) months or whenever a change is known or suspected.

 

(i)When Supplemental Nutrition Assistance Program (SNAP) and POWER are both received, review of the eligibility factors shall occur for POWER anytime a SNAP recertification is conducted.

 

(f)When transferring a case to another DFS-FO, the caretaker relative shall participate in an interview to complete a periodic review and make contact with the new CM.

 

Section 12.  Types of Assets and Treatment.

 

TYPE OF ASSET	TREATMENT
Advanced Earned Income Tax Credit (AEITC)	Exempt in the month of receipt and the following 11 months.
Burial funds <  $1,500	Exempt $1,500 for each person in the assistance unit when funds are in a bona fide burial agreement, burial trust or contract (does not apply to bank accounts).  The funds are no longer exempt if withdrawn for a purpose other than burial.
Burial plot	Exempt one (1) for each person in the family unit.
Cash gifts	Exempt up to $50 per recipient per quarter.
Commingled funds	Do not exempt funds when previously exempt funds are commingled with nonexempt funds.
Earned Income Tax Credit (EITC)	Exempt the EITC in the month received and the following month. Any remaining portion is to be considered nonexempt in the third (3rd) month.
Educational funds	Exempt educational loans, grants and scholarships which are designated for educational purposes only and not commingled with other nonexempt funds.
Home (Also see Land, buildings and other real property)	Exempt the 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.
Household furnishings/ goods and personal effects	Exempt those items determined to be essential for day-to-day living.
HUD escrow account	Exempt a HUD escrow account which was established under the Family Self-Sufficiency Program for participants receiving housing assistance and the funds remain in the account.
IIM account (restricted)	Exempt IIM's when only moneys listed under P.L. are deposited and BIA authorization is required to withdraw or use the deposited funds.
Income producing  property	Exempt income producing property of a self-employed client, excluding real property.  If unemployed, s/he must be reasonably expected to return to that line of work for the exemption.
Indian judgment funds	Exempt funds appropriated in satisfaction of judgments of the Indian Claims Commission or Claims Court in favor of any Indian tribe or band  to include: 1. Cash retained after the month of receipt to the extent it does not exceed $2,000 per individual in total; 2. Stock (including stock issued or distributed by a Native Corporation as a dividend or distribution on stock); 3. A partnership interest; 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.
Insurance settlement for damaged property	1. Exempt money received from an insurance settlement for the repair or replacement of  property which is lost, damaged or stolen for 90 days or until the client makes a decision not to repair or replace the property, whichever happens first. 2. Require the funds to be maintained separately from other funds and not commingled. 3. Exempt the interest earned on this money. 4. Consider the entire amount or the excess a lump sum payment (income) when the insurance settlement is not used for or exceeds the cost of the replacement or repair.
Joint bank account	Exempt for the month following the month of deposit when the applicant/or recipient cannot legally withdraw the funds from the account.
Livestock, Farm Machinery, Tools	Count the average of two (2) appraisals/estimates of the fair market value and subtract any legal encumbrances when not used for self-support. Exempt if used for self-employment or there is a reasonable expectation the self-employment will resume within 12 months of last use.
Loans	When the household is the lender: 1.   Exempt the unpaid loan balance if the note cannot readily be liquidated or if the note has no FMV because it cannot be sold. 2.   The principal amount on the loan payment is considered a nonexempt asset. When the client is the borrower: 1.  Exempt the loan proceeds unless the funds are placed/transferred to an accessible asset.
Lump sum	A lump sum is exempt unearned income and a nonexempt asset in the month of receipt.  The balance is an asset in the month(s) following the month of receipt.
PASS account	Exempt income and assets of an SSI recipient.
Property	Exempt property: 1. That is used for self-employment, excluding  real property; 2. That is unavailable or has a barrier to sale; and 3. Belonging to an SSI recipient, an ineligible stepparent, ineligible parent(s) of a minor parent or ineligible caretaker relative (other than a parent).
Resource replacement   (See Insurance settlement also)	Exempt any governmental payments which are designated for restoration of a home damaged in a disaster when the family unit must legally use the funds for that purpose.
Retirement/ Pension plans/ funds - not available	Exempt pension/retirement funds not available or belonging to an ineligible individual/spouse.
Retroactive RSDI and SSI  payments	Exempt income and assets of an SSI recipient.  (RSDI is nonexempt and considered a lump sum payment (income) when retroactive.)
Savings of a dependent child	Exempt savings of a dependent child who is a full time secondary student under the age of 18 when deposited from the child's earned income and designated for future educational purposes and not commingled with nonexempt funds.
Vehicles - Leased	Exempt during the contract or agreement period.  If purchased, treat as a licensed/unlicensed vehicle, as appropriate.
Vehicles - Unlicensed	Count the equity value of the unlicensed vehicle unless used in self-employment and does not require licensing, i.e. farming.
Vehicles -   (See leased and unlicensed vehicles also)   This category includes:  cars, motorcycles, vans, trucks, other  vehicles used for transportation	Allow the exclusion of two (2) duly registered and licensed motor vehicles from personal assets in determining eligibility for any assistance unit.   Use the equity value of all other licensed or unlicensed vehicles toward the asset limit.
Victims Compensation payments	Exempt payments until the total amount paid is sufficient to fully compensate the individual for losses suffered as a result of the crime.

 

Section 13.  Types of Income and Treatment.

 

TYPE OF INCOME	TREATMENT
Advanced Earned Income Tax Credit (AEITC)	See Section 12 for treatment.
AmeriCorps child care allowance under the National & Community Service Trust Act (NCSTA) of 1993	Exempt only when used to meet child care expenses necessary for participation in a program under NCSTA.
AmeriCorps living allowance	Exempt.
Assistance from other programs, purpose not covered by POWER	Do not exempt unless paid as a vendor payment.  If a payment and a foster care payment are made in the same month for a child who was placed into a foster home, the payment will be considered an overpayment and must be recovered.
Cash gifts	See Section 12 for treatment.
Child care	See Self-employment.
Child support (retained by state)	Exempt.
College work study (non-Title IV)	Exempt when paid for educational purposes only.
College work study (Title IV)	Exempt.
Contributions, Donations, Gifts, Infrequent/irregular income	Do not exempt contributions made to the assistance unit.
Crime Victims Compensation	Exempt payments until the total amount paid is sufficient to fully compensate the individual for losses suffered as a result of the crime.
Death benefits	Exempt the one (1) time only death benefit of $250 paid by SSA.
DVR (not covered by POWER)	Exempt.
Earned Income Tax Credit (EITC)	See Section 12 for treatment.
Educational income:
Title IV, non-Title IV, other non-federal; VA grant for	Exempt when earmarked for educational purposes only.    See VA benefits below.
education only; Work study	Exempt.
E&T job search reimbursement	Exempt.
Foster care or subsidized guardianship payments	Exempt when the child for whom payments are being made is not part of the assistance unit or the court order does not specify the assistance unit is financially responsible for the child(ren).
General assistance (including BIA)	Nonexempt.
Gifts	1.  Exempt monetary gifts not to exceed $50 per individual per quarter.  2.  Do not exempt the amount which exceeds $50 per individual per quarter.
Housing assistance through HUD and Farmers Home Administration	Exempt.
Indian Individual Monies (IIM) account	Do not exempt funds in the month of withdrawal.
Indian judgment funds	Exempt Indian judgment funds.
Indian per capita	Exempt Indian per capita.
Inheritance (money)	Nonexempt.  See Lump sum below.
In-kind income/wages	Nonexempt: 1.  Require the employer or purchaser of the service to make a written statement of the value of the in-kind wages based on what would have paid in cash or what the goods or services are worth or use the going rate in the community for the services, whichever is higher. 2.  Use the shelter qualified maximum payment.
Insurance settlement	See Section 12 for treatment.  Personal injury settlements are treated as lump sums.
Joint bank account	1.  Consider the money deposited during the month as unearned income to the client when not already used to determine eligibility for the same month. 2.   The applicant/recipient will be allowed the opportunity to provide proof the money deposited was the conversion of an asset to cash and therefore an asset. 3.  Consider the money in the account on the first (1st) of the month following the month of deposit as an asset.
LIEAP/Crisis Intervention	Exempt.
Loan - bona fide	Exempt when there is a written agreement to repay the money.
Loan - non-bona fide	Nonexempt
Loan - Repayment (money received)	Nonexempt - Consider any money remaining the first of the following month as an asset.
Lump sum	Lump sums are exempt unearned income in the month of receipt.
Private energy assistance	Exempt private energy assistance when vendor payment.
Property/rental income (working < 20 hours per week)	Nonexempt unearned income.  The equity value of the real property combined with other nonexempt assets cannot exceed the asset limit before the income will be considered.
Property/rental income (working > 20 hours per week)	Nonexempt earned income.  See above and Self-employment when the client is involved in the production of the income.
Reimbursement, rebate or refund	Exempt when money the client already paid or the money does not represent a gain or benefit to the family unit.
Retroactive payments	Exempt SSI. Do not exempt RSDI. Do not exempt other retroactive payments.
Room and board	See Self-employment.
RSDI	Nonexempt
Self-employment, including but not limited to child care, room and board, sales and property/rental income	Nonexempt.  1.   Actual business expenses or 25% from the assistance unit's gross self-employment income will be allowed.       a.Actual business expenses must be verified by submitting business ledgers and/or income tax records;       b.The applicant/recipient will not be denied benefits when business ledgers and/or income tax records are not furnished but will automatically have the 25% business expense applied. 2.   Verified business expenses which will be allowed include:       a.Rent and utilities only when room and board business is run out of home;       b.Storing and warehousing charges;       c.Upkeep of premises and machinery repairs;       d.Wages and salaries paid to employees other than the individual herself/himself or other assistance unit members       e.Feed, stock, raw material, seed, plants and fertilizer;       f.Transportation required to perform the service or deliver the goods at a rate of twenty-one cents ($.21) per mile;       g.Taxes and insurance premiums paid on income-producing property;       h.Privilege taxes such as licensing fees and gross receipts and general excise taxes;       i.Rental payments on income-producing equipment;       j.Cost of merchandise and supplies, or       k.Other expenses connected solely with the function of the business. 3.   Business expenses will not include such items as:       a.Depreciation, penalties and fines;       b.Payments on the principal of the purchase price of income-producing real estate and capital assets such as equipment, machinery and other durable goods;       c.Entertainment expenses,       d.Expenses and net losses from previous periods;       e.Federal, state and local income taxes; f.      Money set aside for retirement purposes and other work-related personal expenses such as transportation to and from work; g.Repayment on the principal of a bank loan;       h.Charitable contributions. 4.   The net profit from the business will be considered as the gross earned income from that source for the individual.
Spousal support	Nonexempt unless retained by the state.  Use appropriate child support code when paid with child support.
SSI	Exempt.
State Supplement due to SSI	Exempt.
Trust fund income	Nonexempt when available.  Assure the trust is not an available asset and in excess.
Utility allowance by HUD or FHA	Exempt.
Vendor payment	Exempt when paid in behalf of an assistance unit and the assistance unit cannot convert to cash to meet its needs.  Is not considered in-kind earned income.
VA benefits	Any VA benefits the caretaker relative receives from the Veterans' Administration in her/his own behalf or in behalf of the dependent child(ren) will be treated as unearned income, including subsistence payments received by a postsecondary student.
VA dependent benefits	Do not exempt any money the noncustodial parent sends the assistance unit when not designated as child support.
Veterans educational assistance program (GI bill)	1.  Exempt the portion of the loan or grant actually used for tuition, books, fees, equipment, special clothing needs, transportation to and from school and child care costs necessary for school attendance if the same expense is not covered by another loan, grant, scholarship or program. 2.  Do not exempt remaining amount.
VA service connected disability < 100% of FPL	Exempt.  Use the full amount when it exceeds one hundred percent (100%) of the FPL.
Victims Compensation payments	Exempt payments until the total amount paid is sufficient to fully compensate the individual for losses suffered as a result of the crime.
Volunteers after receipt of benefits	Exempt.  (Title I of the Domestic Volunteer Services Act of 1973 = VISTA, Univ. Year of Action, Urban Crime Prevention, etc.)
Volunteer under at time of application	Nonexempt when the applicant was a volunteer at the time of application under Title I of the Domestic Volunteer Services Act of 1973.
Wages, dependent child (full time high school student <18	Exempt all earned income when criteria met.
WIA under Section 181(a)(2), Youth Build and Summer Youth Programs	Exempt.  (Exempt only if student criteria met)
Weatherization assistance	Exempt when vendor payment.