Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0030 - Personal Opportunities w/ Employment Responsibilities › Appendix C

Current through July 13, 2024
Personal Opportunities With Employment Opportunities
				(POWER)
Chapter 1 Types of Income and Treatment
TYPE OF INCOME
TREATMENT
Advanced Earned Income Tax Credit (AEITC)
See Appendix B for treatment.
AmeriCorps child care allowance under the National
						  & Community Service Trust Act (NCSTA) of 1 993
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
						  POWER payment and a foster care payment are made in the same month for a child
						  who was placed into a foster home, the POWER payment will be considered an
						  overpayment and must be recovered.
Cash gifts
See Appendix B 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 family
						  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 two
						  hundred fifty dollars ($250) paid by SSA.
DVR (not covered by POWER)
Exempt.
Earned Income Tax Credit (EITC)
See Appendix B 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 family unit or the court order does not specify the family
						  unit is financially responsible for the child(ren).
General assistance (including BIA)
Nonexempt.
Gifts
1. Exempt monetary gifts not to exceed fifty dollars
						  ($50) per individual per quarter.
2. DO NOT exempt the amount which exceeds fifty dollars
						  ($50) per individual per quarter.
Housing assistance through HUD and Farmers Home
						  Administration
Exempt.
Indian Individual Monies
(IIM) account
(also see Appendix D)
DO NOT exempt funds in the month of withdrawal.
Indian judgment funds
Exempt Indian judgment funds as specified in Appendix
						  D.
Indian per capita
Exempt Indian per capita as specified in Appendix
						  D.
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 POWER shelter included maximum payment
						  level.
Insurance settlement
See Appendix B 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 or recipient will be allowed the
						  opportunity to provide proof the money deposited was the conversion of a
						  resource to cash and therefore a resource.
3. Consider the money in the account on the first
						  (1st) of the month following the month of deposit as
						  a resource.
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
See Section 9 for treatment. 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 twenty [20] hours per
						  week)
Nonexempt unearned income. The equity value of the real
						  property combined with other nonexempt resources cannot exceed the resource
						  limit before the income will be considered.
Property/rental income (working twenty [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
(See Section 9 [Lump Sums] for further
						  treatment.)
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 twenty-five percent
						  (25%) from the family 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 twenty-five percent (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 family 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 resource and in excess.
Utility allowance by HUD or FHA
Exempt.
Vendor payment
Exempt when paid in behalf of a family unit and the
						  family 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 his or her 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 family 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 one hundred percent
						  (100%) of FPL (W.S. 42-2-106
						  )
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
(See Appendix D)
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
(See Appendix D)
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
						  eighteen [18])
(W.S. W.S.
						  W.S.
						  42-2-202 )
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.