Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0030 - Personal Opportunities w/ Employment Responsibilities › Chapter 1 - Personal Opportunities With Employment Responsibilities › Section 1-13 - Types of Income and Treatment

Current through July 13, 2024
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 education only; Work study
Exempt when earmarked for educational purposes
							 only.
See VA benefits below.
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
Exempt when money the client already paid or the money
or refund
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.