(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:
- (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.