Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0030 - Personal Opportunities w/ Employment Responsibilities › Appendix B - PERSONAL OPPORTUNITIES WITH EMPLOYMENT OPPORTUNITIES (POWER)

Current through July 13, 2024
Chapter 1
Types of Resources and Treatment
TYPE OF RESOURCE
TREATMENT
Advanced Earned Income Tax Credit (AEITC)
Exempt in the month of receipt and the following month.
						  Any remaining is nonexempt in third month.
Burial funds < fifteen hundred dollars
						  ($1,500)
Exempt fifteen hundred dollars ($1,500) for each person
						  in the family unit when funds are in a bona fide burial agreement, burial trust
						  or contract (does not apply to bank accounts, savings, etc.). 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						  longer exempt if withdrawn for a purpose other than burial.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 fifty dollars ($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) (See Appendix D)
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,
						  band, etc., (see Appendix D) to include:
1. Cash retained after the month of receipt to the
						  extent it does not exceed two thousand dollars ($2,000) per individual in
						  total; and
2. Stock (including stock issued or distributed by a
						  Native Corporation as a dividend or distribution on stock); and
3. A partnership interest; and
4. Land or an interest in land (including that received
						  from a Native Corporation as a dividend or distribution on stock); and
5. An interest in a settlement trust.
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
						  ninety (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 twelve (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
(See Section 9
(a)(viii
) for
						  further information)
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 resources 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;
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 resources of an SSI recipient. (RSDI
						  is nonexempt and considered a lump sum payment (income) when
						  retroactive.)
Savings of a dependent child
W.S. 42-2-202
Exempt savings of a dependent child who is a full time
						  secondary student under the age of eighteen (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 -
W.S. 42-2-109
(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 resources in determining eligibility for
						  any household under POWER.
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.