SNAP and POWER Policy Manual

101 Purpose of the Supplemental Nutrition Assistance Program (SNAP)

1. Supplemental Nutrition Assistance Program (SNAP) is designed to promote the general welfare and safeguard the health and well being of the nation's population by raising the levels of nutrition among low-income households.
2. SNAP is benefits provided to the states by the federal government for issuance to eligible low-income assistance units to spend through the normal channels of trade on food and food items.

102 Purpose of the POWER Program

1. Personal Opportunities With Employment Responsibilities (POWER) is a time limited Pay-After-Performance program which assures families with a dependent child(ren) are working on a plan to become self sufficient.
2. POWER performance payments shall be used to purchase or make available:
   1. Food, shelter;
   2. Apparel and upkeep;
   3. Utilities, telephone;
   4. Personal needs;
   5. Recreation;
   6. Home furnishings maintenance;
   7. Miscellaneous medical;
   8. Travel costs;
   9. Housekeeping supplies; and
   10. Reading and education.
3. The program is funded with state dollars and with federal dollars through the Temporary Assistance for Needy Families (TANF) block grant established under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 (P.L. 104-193), as amended by the Omnibus Consolidated Appropriations Act and the Balanced Budget Act of 1997.

301 Verification

Verification is the use of documentation or a contact with a third party to confirm the accuracy of statements or information. Verify each eligibility factor for each individual to be included in the assistance unit prior to making the initial/ongoing eligibility determination.

1. Verify the eligibility factors prior to making the ongoing eligibility determination.
   1. Eligibility factors required to be verified include but are not limited to:
      1.  Gross Non-Exempt Income
      2.  Alien Eligibility
      3.  Utility Expenses
      4.  Medical Expenses
      5.  Social Security Numbers
      6.   Residency
      7.  Identity
      8.  Disability
      9.   Household Composition
      10.   Students
      11.  Legal Obligation and Actual Child Support Payments
      12.   ABAWD Eligibility
2. Authorize the $1 nonpayment status for POWER for noncompliance when eligibility cannot be determined because the applicant/recipient refuses to provide:
   1. The requested document(s)/documentation, or
   2. The written consent to obtain it.
3. Require the applicant/recipient to provide the document(s)/ documentation necessary to verify the eligibility factors except:
   1. When the verification is provided on one (1) of the following interfaces:  Reports and Verification for Eligibility (RAVE), Numident, TPQY, BENDEX, SDX, ESY4 or RIS; and
   2. When verification is available within DFS in a prior case file and the factor is not subject to change (i.e. a SSN or date of birth).
4. Assist the applicant/recipient, upon request, in obtaining the document(s) for verification when the individual is or would have difficulty providing them.
5. Evaluate the verification(s):
   1. Compare each piece of verification to the others to see if the information is consistent.
   2. Assure the date the document(s) was created verifies the factor and does not raise more questions.
   3. Consider the reason why the document was created.
   4. Examine the verification to determine whether it has been tampered with or altered.
   5. Determine whether the verification answers the issue in question.
6. Resolve any discrepancies or questions raised by the verification by:
   1. Requiring additional verification; or
   2. Contacting a knowledgeable source.
7. Allow the assistance unit at least 10 days from the date the notice is mailed to provide required verification.
8. Accept a collateral contact in cases when requiring documentary evidence would delay processing the application:
   1. Conduct a collateral contact either in person or over the phone;
   2. Select a collateral contact if the assistance unit fails to designate one (1) or designates one (1) which is unacceptable;
   3. Disclose only the information absolutely necessary to get the information being sought; and
   4. Do not disclose the assistance unit applied for SNAP, failed to provide information or suggest the assistance unit is suspected of any wrong doing.
9. Schedule a home visit only when documentary evidence is insufficient to make a firm determination of eligibility or benefit level or cannot be obtained.
10. Allow postponement of eligibility factors, excluding identity, when the assistance unit is eligible for expedited SNAP and:
    1. Certify the assistance unit for the appropriate time period; or
    2. Allow migrant farm-workers two (2) months to provide verifications from out-of-state sources.
11. Review and evaluate the information provided by the RAVE, ESY4, SDX, BDX, RIS and eDRS interfaces at each application, re-certification and when adding a new household member.

302     Documentation

1. Enter the proof of the verification in the case record by recording the type of verification, identifying numbers and any clarification notes.
2. Document the case file narrative as follows:
   1. The name of the person providing the information;
   2. The title of the person providing the information (when appropriate);
   3. The organization name;
   4. The date obtained;
   5. The type of document and date of the document;
   6. Identification number of the document (if any);
   7. Volume and page(s) reference of public records (when appropriate);
   8. The content of the information/document; and
   9. The initials of the individual who verified the information and the date verified.
3. Obtain a free copy of the Wyoming birth certificate for DFS purposes only by emailing the designated contact at the Department of Health, Vital Records Department.
   1. Specify the individual's full name at birth, mother's maiden name, father's name, date and place of birth.
4. Obtain information concerning immigrant status through the SAVE process (Section 606(G)) or by writing USCIS at SAVE.Help@uscis.dhs.gov.

303     Acceptable Verification/Evidence

A. Use the table below as a guide for requesting primary evidence and secondary evidence to be used for verification and documentation.

1. The document/documentation needs to clearly link the evidence to the household.

B. Require the applicant/recipient to provide no less than one (1) primary source or two (2) secondary sources of documentation to verify each eligibility factor.

1. Require the primary document/documentation when it is obtainable.
2. Accept secondary documents/documentation only when the primary evidence is not available.
3. One (1) document may verify more than one (1) eligibility factor for more than one (1) applicant/recipient.

401      Application/Intake Process

1. The following are acceptable types of applications:
   1. DFS 100 Application for Benefits; or
   2.  DFS 100S (Spanish) Application for Benefits.
2. Give, fax, e-mail or mail an application to the applicant on the date of request;
3. Require a separate application for each assistance unit.
4. For SNAP, during regular business hours, accept and date stamp upon receipt a signed application when delivered by hand, by mail, e-mail or by fax from the applicant or applicant’s authorized representative:
   1. In the county of receipt
5. All electronic documents received on a weekend or holiday shall be considered received on the first working day following the weekend or holiday.
6. The SNAP application shall be considered complete if it contains the name, address of the applicant, and signature of the applicant or authorized representative (including expedite).
7.  All POWER applications must be registered in EPICS.  If  withdraw is requested the application must be registered and then denied.
8. Applications shall be screened and processed for expedited SNAP following the procedures in
   Sections 405 SNAP Expedited Service and 406 SNAP Migrants/Seasonal Farm Workers.
9. An enrolled Tribal member who is a resident of Fremont or Hot Springs County and who is applying for the Tribal TANF program may have the application for benefits processed at the appropriate Tribal TANF office.
10. An interview shall be conducted and the application shall be acted upon within the following time frames:
    Remember: The processing time limit begins the first calendar day following the day the application is received in a DFS-FO.
    1. Within five (5) calendar days, authorize the benefits to allow the applicant to receive the SNAP benefits within seven (7) calendar days for expedited services;
    2. Within 28 calendar days, authorize benefits for SNAP to meet the 30 calendar day application processing time limit;
    3. After meeting the initial performance requirements for POWER (see Section 1203); and
    4. SNAP benefits shall not be delayed because of delays in other program eligibility determinations/requirements.
11. Changes in circumstances, reported or known, which occur between the date of application and the date of authorization shall be acted upon.
    1. Eligibility shall be determined from the date the application is filed.
    2. Any changes in assets, which occur and are reported after the interview, shall be disregarded in determining eligibility for the month of application for SNAP benefits.
    3. See Section 1500 for treatment of changes that have become known or are reported after the interview and prior to the date of authorization.
12. Applicants shall be informed of their rights and responsibilities as detailed in Sections 402 Client's Rights and
    404 Client's Responsibilities. Rights and responsibilities shall be reviewed at the beginning of the interview.
13. Applicants for SNAP benefits shall be given a reasonable opportunity of at least 10 days from the date of a notice requesting verification to provide valid documentation of their immigrant status:
    1. An immigrant’s eligibility for SNAP shall not be delayed, denied, reduced or terminated when the DFS-FO fails to provide an immigrant applicant with a reasonable opportunity to provide verification of immigrant status within 30 days following the date of application.
       1. The DFS-FO shall provide the household with benefits no later than 30 days following the date of application, provided the household is otherwise eligible.
    2. POWER shall not be authorized without valid documentation. Inform the applicant that valid documentation of alien status shall be provided within five (5) days from the date of intake interview for all individuals who are not U.S. citizens.

1. An individual leaving an institution can apply prior to leaving and the date of application shall be the date s/he is released, if they jointly apply for SNAP and SSI at the same time.
2. Do not schedule a second interview if the assistance unit misses a scheduled interview:
   1. The appropriate notice to notify the assistance unit it is responsible to reschedule a missed interview shall be generated; and
   2. The application shall not be denied until the 30th day following the date of application for a missed interview.
3. The application shall not be denied until the 30th day following the date of application unless the assistance unit is not eligible due to not meeting an eligibility factor or for missing verifications (does not include a missed interview).
4. Do not require a new application when:
   1. The application was denied based on an eligibility factor;
   2. New information is provided, within the 30-day processing period, on the specific eligibility factor which caused the denial; and
   3. The new information allows the assistance unit to be eligible for benefits.
   4. Benefits shall be authorized from the original date of application.
5. Do not delay an eligibility determination when jointly processing a POWER application and the assistance unit is eligible for SNAP.
6. Delay the SNAP eligibility determination up to 30 days if the assistance unit:
   1. Appears to be categorically eligible;
   2. Is not otherwise eligible; and
   3. Is not eligible for expedited services (see Section 405 and Section 406).
7. Take the following actions when there is a delay in processing the SNAP application:
   1. Delay caused by assistance unit:
      1. Consider the assistance unit’s benefits forfeited for the month of application if, by the 30th day, no action can be taken on the application due to the fault of the assistance unit;
      2. Send a notice of denial, giving the reason, on the 30th calendar day; and
      3. Re-open the case, without requiring a new application, if the requested action is taken within 60 calendar days of the initial application and prorate benefits from the date the action is taken or verification is received.
   2. Delay caused by DFS:
      1. Notify the assistance unit the application is pending no later than the 30th calendar day following the date of application; and
      2. The assistance unit shall be entitled to benefits back to the date of application if the assistance unit is determined eligible and DFS was at fault.
   3. Require a new application after 60 calendar days.

Click here for denying SNAP application on the 30th Day for further instructions.

1. Inform the applicant of:
   1. The Pay-After-Performance requirements which shall be met before a monthly performance payment can be authorized; and
   2. The penalties for noncompliance with pay-after-performance requirements.
2. Begin payment as stated in Section 1204 POWER Payment Process unless the circumstances in B exist.
3. Authorize a performance payment for the assistance unit after compliance has taken place for 30 calendar days:
   1. 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 offer of employment or training for employment;
      2. Voluntarily quit employment; or
      3. Voluntarily reduced the number of hours of employment and/or rate of pay.
      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.
   2. The mandatory applicant(s) shall comply with the performance requirements immediately; and
   3. Notify the work program action center case manager the case shall remain open for a minimum of 30 days;
   4. Verify, grant and document good cause only if one (1) of the following exists:
      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, discrimination, exploitation or harassment by the business management or the general public and the applicant exhausted all means available for resolution of the problem;
      4. Unsafe or unsanitary working conditions existed and the applicant exhausted all means 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 Workers’ Compensation as required under state law and the applicant exhausted all means available to acquire coverage for an injury.
      8. The job did not materialize; or
      9. The job created religious conflicts that could not be resolved.
      10. Education or training.
   5. See Section 1204 POWER Payment Process for authorization information.

402     Client's Rights

The applicant/recipient has the following rights:

1. To apply for benefits:
   1. Upon request and without delay;
   2. On the prescribed form(s) obtained in person or by mail, fax, e-mail or internet;
   3. During regular business hours; and
   4. In the county of residence (unless a neighboring county has been approved by DFS-SO).
2. To be accompanied at interviews by a person(s) of his/her choice.
3.  To designate, in writing, an authorized representative when applying for or receiving SNAP:
   1. To assist with the application process and/or interview;
   2. To apply for benefits on the client’s behalf; and/or
   3. To receive and use SNAP benefits on the client’s behalf.
4. To request a telephone or home visit interview when applying for SNAP:
   1.  Schedule and conduct a home visit or telephone interview; and
   2. Require the assistance unit to provide the needed verification(s);
      1. Accept a collateral contact in cases when requiring documentary evidence would delay processing the application; and
      2. Document the case record.
5. To have the application and other personally identifiable information maintained confidential, except as necessary to determine eligibility or to comply with state or federal law. (see Section 403 - Confidentiality/Safeguarding Information).
6. To be informed about:
   1. The purpose of the program, eligibility factors, verifications needed and the POWER performance requirements which shall be met in order to receive a POWER benefit each month;
   2. The choice of participating in either the Food Distribution Program on Indian Reservations (FDPIR) or the SNAP program prior to any benefits being authorized. Under no circumstances shall any household participate simultaneously in the SNAP and the Food Distribution Program;
   3. The length of time benefits are certified/authorized;
   4. The rights and responsibilities of applicants/recipients; and
   5. Other available DFS and non-DFS programs.
7. To withdraw the application at any time for a POWER benefit:
   1. Document the case record when a withdrawal is requested, either in writing or verbally;
   2. Generate the withdrawal notice; and
   3. See Section 1203 - Initial POWER Eligibility Determination for possible POWER penalties.
8. To voluntarily request, either in writing or verbally, to withdraw the application at any time prior to the determination of eligibility (the point a Notice of Eligibility is sent) for a SNAP benefit:
   1. Document in the case record the reason for withdrawal, if any was stated by the assistance unit, and that contact was made with the assistance unit to confirm the withdrawal;
   2. The assistance unit shall be advised of the right to re-apply at any time subsequent to a withdrawal; and
   3. Generate a notice stating the client withdrew the application.
9. The notification in writing of the decision to approve or deny the application and/or the reason for nonpayment of POWER due to noncompliance when applicable.
   1. For SNAP, a denial notice cannot be sent prior to the 30th day due to a missed interview. (Reminder: A notice of missed interview is required to be sent prior to the denial notice).
10. To a notice of adverse action within the specified time frames for the program. (see Section 1400 - Notification).
11. To an explanation of the right to request an administrative hearing within 30 days from the date of a notice of adverse action for POWER and within 90 days from the date of a notice of adverse action for SNAP.
12. To continue SNAP benefits, unless the certification period has expired, pending an administrative hearing when the hearing is requested within 10 days of the notice of adverse action POWER is not continued.
13. To re-apply following denial or termination of benefits.

1. To be interviewed on the date of application or have an interview scheduled for a specific date and time when the application is filed.
2. To file a discrimination complaint regarding her/his civil rights with the:
   1. DFS-Field Office
   2. DFS-State Office (Regional Manager or Program Manager);
   3. Food and Consumer Service, Mountain Plains Region, 1244 Speer Blvd., Suite 903, Denver, CO 80204;
   4. Civil Rights Statement:
      1. In accordance with federal civil rights laws and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Programs that receive federal financial assistance from the U.S. Department of Health and Human Services (HHS), such as Temporary Assistance for Needy Families (TANF), and programs HHS directly operates are also prohibited from discrimination under federal civil rights laws and HHS regulations.Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the agency (state or local) where they applied for benefits. Individuals who are deaf, hard of hearing or who have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
      2. CIVIL RIGHTS COMPLAINTS INVOLVING USDA PROGRAMS
         USDA provides federal financial assistance for many food security and hunger reduction programs such as the Supplemental Nutrition Assistance Program (SNAP), the Food Distribution Program on Indian Reservations (FDPIR) and others. To file a program complaint of discrimination, complete the Program Discrimination Complaint Form, (AD-3027) found online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:mail: Food and Nutrition Service, USDA
         1320 Braddock Place, Room 334, Alexandria, VA 22314; or
         fax: (833) 256-1665 or (202) 690-7442; or
         phone: (833) 620-1071; or email: FNSCIVILRIGHTSCOMPLAINTS@usda.gov.
         For any other information regarding SNAP issues, persons should either contact the USDA SNAP hotline number at (800) 221-5689, which is also in Spanish, or call the state information/hotline numbers (click the link for a listing of hotline numbers by state); found online at: SNAP hotline.
      3. CIVIL RIGHTS COMPLAINTS INVOLVING HHS PROGRAMS
         HHS provides federal financial assistance for many programs to enhance health and well-being, including TANF, Head Start, the Low Income Home Energy Assistance Program (LIHEAP), and others. If you believe that you have been discriminated against because of your race, color, national origin, disability, age, sex (including pregnancy, sexual orientation, and gender identity), or religion in programs or activities that HHS directly operates or to which HHS provides federal financial assistance, you may file a complaint with the Office for Civil Rights (OCR) for yourself or for someone else.To file a complaint of discrimination for yourself or someone else regarding a program receiving federal financial assistance through HHS, complete the form on line through OCR’s Complaint Portal at https://ocrportal.hhs.gov/ocr/. You may also contact OCR via mail at: Centralized Case Management Operations, U.S. Department of Health and Human Services, 200 Independence Avenue, S.W., Room 509F HHH Bldg., Washington, D.C. 20201; fax: (202) 619-3818; or email: OCRmail@hhs.gov. For faster processing, we encourage you to use the OCR online portal to file complaints rather than filing via mail. Persons who need assistance with filing a civil rights complaint can email OCR at OCRMail@hhs.gov or call OCR toll-free at 1-800-368-1019, TDD 1-800-537-7697. For persons who are deaf, hard of hearing, or have speech difficulties, please dial 7-1-1 to access telecommunications relay services. We also provide alternative formats (such as Braille and large print), auxiliary aids and language assistance services free of charge for filing a complaint.
   5. Right to File. Any person or representative alleging discrimination based on a prohibited basis has the right to file a complaint within 180 days of the alleged discriminatory action. Only the Secretary of Agriculture may extend this time under special circumstances. The complainant must be advised of confidentiality and Privacy Act applications. The complainant and the entity that the complaints filed against will be encouraged to resolve the issue at the lowest possible level and as expeditiously as possible.

Acceptance. All complaints, written or verbal, must be forwarded to the office of the Assistant Secretary for Civil Rights, unless an approved State complaint procedure is in place. Anonymous complaints will be handled as any other complaints, to the extent feasible, based on available information. Employees must be informed that in the event a complainant makes an allegation verbally or in person and refuses or is not inclined to place such allegation in writing, the person hearing the allegation must write up the elements of the complaint for the complainant and forward such complaint to the office of the Assistant Secretary for Civil Rights.

This institution is an equal opportunity provider.

When a complaint is filed, regardless of who the complainant made the complaint to, it needs to be escalated to a benefits supervisor IMMEDIATELY. The supervisor is then going to alert the Regional Manager who will complete a Civil Rights Complaint Form. This form is submitted to the SNAP Program Manager, who then turns it over to USDA. From the date that the complaint came in, we as an agency, have 5 days to get it to USDA. Please refer to the Civil Rights Complaint Procedures document in the shared drive for additional information. 

1. A caretaker who wishes to be included in the POWER Work Program may volunteer to participate and be included in the grant but must comply with all Work program regulations for either a single parent or a two parent family
2. To be informed that DFS shall report to CIS the name, address and other identifying information of any individual who is known to be unlawfully in the U.S.
3. To request 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).
4. To apply for non-public assistance child support services for a fee when POWER is denied.
5. When living in the same household, the parent, adult relative or court appointed guardian or custodian shall apply on behalf of an unemancipated minor parent.
6. An emancipated minor or parent age 18 and over shall apply on his/her own behalf and cannot be included in his/her parents' assistance unit, even if living in his/her parents' household.
7. Native American(s) and other minority clients have the right to equal access to POWER services even when the services are available under a tribal program.

403    Confidentiality/Safeguarding Information

Public Records:

1. The following are public records and shall be made available to the public upon request with the approval of an Assistance Division Region Manager or designee:
   1. General information which does not identify individuals;
   2. Statistical information related to budgets, expenditures, numbers of applicants or recipients or other information, which does not identify individuals; and
   3. Documents or information which detail the policies and procedures related to the delivery and administration of programs and services administered by DFS.
2. Charge the actual copying costs to the individual/agency requesting the records.

Confidential Information:

1. Any information that can be identified as relating to a specific individual shall be confidential, except as specified below; the following information is confidential and shall not be released:
   1. The names and addresses of applicants and recipients and amounts of cash assistance provided;
   2. Documents naming a specific individual(s);
   3. The fact of the existence of documents naming a specific individual(s);
   4. Personal facts relating to a specific individual(s);
   5. The fact of application for or receipt of a program or service through DFS;
   6. Information relating to the social and economic conditions or circumstance of a particular individual including information obtained from IRS and SSA which shall be safeguarded in accordance with procedures set forth by those agencies; and
   7. Any information known about a specific individual but not part of a case record or document.

Safeguarding Information:

1. The individual, and/or the authorized representative, shall be allowed to examine, review or copy from his/her own case record any information, except the following confidential information:
   1. The names of individuals or other parties who have disclosed information about the subject without the individual’s knowledge;
   2. Reports, correspondence or any case entry involving information from another individual, agency, organization or institution about the subject; and
   3. Information related to the status of prosecution of the individual.
2. The authorization to release information on the application allows only the release for gathering of information as related to determining eligibility for the program or service.
3. Do not distribute materials such as holiday greetings, general public announcements, alien registration notices or voter information and registration materials.
4. Do not publish names of applicants or recipients.
5. Limit the use or disclosure of information concerning clients to purposes directly connected with:
   1. Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of such programs;
   2. The administration of any other federal or federally assisted program which provides cash or in-kind assistance or services directly to individuals on the basis of need; and/or
   3. Any audit or similar activity conducted in connection with the administration of any such program by any governmental entity, which is authorized by law to conduct such audit or activity.
6. Confidential information to another party, other than that necessary to determine eligibility, shall be released only when the subject of the information has authorized the release to another party by completing a release form except officers and employees of the following:
   1. The DVR when relating to a referral of an applicant/recipient;
   2. Workers’ Compensation as related to POWER work program job seekers;
   3. Employees of the Tribal TANF program;
   4. Federal and State agencies responsible for the operation of the various programs and services administered by DFS;
   5. The SSA for establishing eligibility, determining the amount of the benefit and providing services for applicants or recipients;
   6. Wyoming DWS as related to SNAP work registrants and POWER work program job seekers; and
   7. The Department of Education for programs administered by DFS where there is a data exchange agreement and to school officials to provide information regarding the eligibility of specified   assistance units in order to determine eligibility for free or reduced price meals per Section 169 of P.L. 97-253.
7. Require any information to be released by the DFS-FO region manager or designee and be directly related to legally established programs and functions of the inquiring agency or office and used only for   the purpose made available.
8. Comply with a court order to release confidential information:
   1. Contact the Attorney General’s office with any questions concerning the court order;
   2. A court order for information relieves DFS of any harm in the release of information to the court; and
   3. File the court order in the case file or record.
9. Hold confidential and do not release confidential information requested by a subpoena without written direction from the Attorney General's office or a DFS FA region manager.
   1. Follow the directions given to release the subpoenaed information; or
   2. Forward a copy of the subpoena to the DFS-SO who shall involve the Attorney General’s office for advice or for action to nullify the subpoena; and
   3. File the subpoena in the case record and document:
      1. The direction given by the DFS-SO;
      2. The action taken to release the information or nullify the subpoena.
10. Release confidential information to law enforcement and CPS as follows:
    1. Make available, upon written request, to any Federal, State or local law enforcement officer the address, SSN and, if available, a photo ID or a recipient if the officer furnishes the recipient's name and notifies DFS the individual:
       1. Is fleeing to avoid prosecution, custody or confinement for a felony;
       2. Is violating a condition of parole or probation; or
       3. Has information necessary for the officer to conduct an official duty related to a felony/parole violation.
    2. Limit the report to law enforcement concerning a fugitive felon to the felon’s address when a law enforcement officer has not requested the information (W.S. 42-2-111).
    3. Report to DFS, any cases of known or suspected physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a minor parent and/or a child(ren).  (DFS is required to provide all information available regarding such situations to the proper officials, which may include law enforcement agencies).
    4. Assist law enforcement officials and the family of a minor mother to pursue the filing of criminal charges against the father of the minor mother's child(ren) if the minor mother conceived her child(ren) while under 16 years of age and the father was at least four (4) years older than the minor mother at the time of conception.
11. Allow materials to be sent or distributed to applicants, recipients, or medical vendors, which are in the immediate interest of the health and welfare of clients such as announcements of free medical examinations, availability of surplus food and consumer protection information.
12. Computer Security Controls – Facsimile Mail (FAX) and Electronic Mail (E-Mail):
    1. E-mail sessions on the DFS/State G-mail (Google) site are encrypted, including attachments (incoming and outgoing).  Users are required to secure their computers when leaving the area by locking their computer by one (1) of the following procedures:
       1. Push the Windows Logo key (Winkey) + L on the keyboard (Preferred Method); or
       2. Push Control + Alt + Delete, then click Lock Workstation.

There is an automatic screen saver that requires the user to log back into the computer with a required username and password.  However, users are informed at the time of hiring, and reminded yearly that Federal Tax Information (FTI) is not to be printed, copied, e-mailed or faxed.  This is an IRS Publication 1075, Section 9.18.5 requirement. FTI is only reviewed on the Records and Verification for Eligibility (RAVE) interface.

1. DFS staff shall not be allowed to access their own case, the case of their immediate colleague, or the cases of clients where a conflict of interest exists.
   1. If FTI was ever faxed to another office, IRS Publication 1075, Section 9.18.6 requires the following procedures be followed to protect FTI:
      1. Ensure a trusted staff member is at both the sending and receiving fax machines;
      2. Maintain broadcast lists and other preset numbers;
      3. Place fax machines in a secured area;
      4. Include a cover sheet on fax transmissions that explicitly provides guidance to the recipient, including:
         1. Notification of the sensitivity of the data and the need for  protection;
         2. Notification to unintended customer to telephone sender, calling collect if necessary; and
         3. To report the disclosure of and confirm the destruction of the information.

DFS Incident Handling Procedure:  Protecting Federal Tax Information (FTI) if/when transmitting by e-mail or fax.

1. Purpose – to provide guidance in reporting, needs, and actions in responding to information security breach incidents.  The reaction to an incident aims to protect and restore the normal operating condition of services, computers and information.
2. Scope – DFS staff, contract personnel or anyone who accesses the EPICS system.
3. Procedure:
   1. DFS Personnel shall establish and implement practices to minimize the risk associated with violations of information security and ensure timely detection and reporting of actual or suspected incidents or violations.
   2. All DFS personnel and contractors (users) shall report any suspected or confirmed security violations and incidents in a timely manner.
   3. Security violations shall be reported to one (1) of the following:  an Administrator, Regional Manager, Supervisor, Security Liaison or the office LNA.
   4. Any incident that compromises IRS (FTI data) or SSA (PII data) confidentiality state standards shall be reported an Administrator, Regional Manager, Supervisor, or Security Liaison in a timely manner.  The Supervisor, Regional Manager, Administrator, or Security Liaison shall then report the incident to the SSA Regional Office Contact and the SSA Systems Security Contact, or the Agent-in-Charge of the Treasury Inspector General for Tax Administration (TIGTA).
   5. The Administrator, Supervisor or Director shall investigate information security violations and incidents and refer them to other government and law enforcement authorities when appropriate.
   6. The Director, Administrator, Supervisor or District Manager may direct the PC/LAN (ETS) staff to restrict access to any or all systems, e-mail, folders, etc., for any employee.
      1. PC/LAN (ETS) staff may be directed to seize equipment pending an investigation of an alleged or actual incident.
      2. If equipment is seized, it shall be maintained under lock and key or given to the person directing the seizure for safekeeping.
      3. If equipment is seized by any law enforcement agency, by subpoena or other authorizing measure, the Financial Services Division (FSD) Administrator or next higher authority shall be notified immediately.

404    Client's Responsibilities

1. The applicant is responsible for providing an application to DFS in the form prescribed by DFS.
2. The application is to be considered complete when there is a name of the applicant, address of the applicant and a signature by the applicant or the applicant's authorized representative.
3. The appropriate application shall be completed as specified for the following programs:
   1. Allow the client the choice of completing the DFS 100 or DFS 100S;
   2. Require completion of all required questions on the DFS 100 or DFS 100S for SNAP; and
   3. Require completion of the DFS 100 or DFS 100S for the POWER program.
4. The applicant/recipient is responsible for cooperating with the process of determining eligibility by:
   1. Participating in an interview;
   2. Providing information essential to the decision on eligibility, including valid documentation of alien status for all individuals who are not U.S. citizens;
   3. Providing documents for required verification; and
   4. Providing an SSN, SS card or providing proof of application for a SSN as specified in Section 605 Social Security Number Requirement.
5. The applicant/recipient is responsible for notifying the DFS-FO and verifying any changes, which affect eligibility or the performance payment.  (see 1500 - Reporting Requirements/Action on Changes)
   1. For SNAP:
      1. Simplified reporting, once an interview is conducted, the applicant/recipient is responsible for notifying DFS if his/her household's gross monthly income (earned plus unearned income) goes over 130% of the Federal Poverty Level for the household size.  This change shall be reported no later than 10 days from the end of the calendar month in which s(he) received the income that put the household over the income limit.  If a household contains an ABAWD and that member(s) hours decrease to less that 20 hours per week averaged monthly that change shall also be reported no later than 10 days from the end of the calendar month in which the hours decreased.
      2. Changes shall be reported within ten (10) calendar days upon knowing of the change for POWER.
6. The applicant/recipient shall provide information/verification needed about an eligibility factor(s) not  later than 10 days from the date of a notice of adverse action (see Tables) requesting the information/verification or by the date indicated on the notice for POWER.

1. The assistance unit shall cooperate with completion of any quality control review or benefits shall be terminated (see Section 1603 Quality Control Reviews).

405    SNAP Expedited Services

Review for expedited services at each initial application and when an application is made after the end of the certification period whether requested by the applicant or not and document the decision in the case record.

1. The following assistance units are entitled to expedited service, households only have to qualify for one of the situations in 1-3 to be eligible for expedited service:
   1. Assistance units with less than $150 in monthly gross income, provided their liquid assets (i.e. cash on hand, checking or savings accounts, savings certificates, and lump sum payments – non liquid assets are not used) do not exceed $100;
   2. Assistance units whose combined monthly gross income and liquid assets (non liquid assets are not used) are less than the assistance unit’s monthly rent or mortgage, and utilities (including the appropriate utility allowance: SUA, UOA, TOA); or
   3. Migrant or seasonal farm worker assistance units who are destitute, provided their liquid assets (i.e. cash on hand, checking or savings accounts, savings certificates, and lump sum payments) do not exceed $100. (see Section 406).

B. The applicant or designated authorized representative applying for expedited services shall be interviewed on the date of  application or the following business day.

1. 1. The interview shall be conducted by:
      1. an in-office face to face interview;
      2. telephone interview; or
      3. a home visit interview.
   2. Do not postpone or waive the interview.

See Example 5 for missed interviews.

See Examples 6-9 for client vs. agency caused delays.

C. See Section 402 for Client's Rights.

D. Certify the assistance unit within the expedited service time frame if s/he has submitted an application which includes the following information:

1. 1. Applicant's name;
   2. Applicant’s address;
   3. Assistance unit income and asset amounts;
   4. Name(s) of other assistance unit member(s); and
   5. Applicant's or applicant’s authorized representative’s signature.

E. Verification

1. 1. Identity. The identity of the person making application shall be verified before the household is certified. Where an representative applies on behalf of a household, the identity of both the authorized representative and the head of household shall be verified. Identity may be verified through readily available documentary evidence, or if this is unavailable, through a collateral contact. Examples of acceptable documentary evidence which the applicant  may provide include, but are not limited to, a driver’s license, a work or school ID, an ID for health benefits or for another assistance or social services program, a voter registration card, wage stubs, or a birth certificate. Any documents which reasonably establish the applicant’s identity must be accepted, and no requirement for a specific type of document, such as a birth certificate, may be imposed.
   2. Other Verification. All reasonable efforts must be made within the expedited service time frame to obtain all verification that is required under the normal processing procedures. Use the applicant's statement as verification when verification has been postponed for the month(s) of expedited service.
   3. Social Security Number. Require the assistance unit to present or apply for a SSN for each assistance unit member before the second full month of participation unless good cause exists per Section 605.

F. If the household is not eligible for SNAP benefits for the month of application but is eligible for SNAP benefits and qualifies for expedited service for the following month, the household must be provided an opportunity to participate within 7 days from the date of application or the 1st working day of the 2nd month whichever is later.

G. If the household is eligible for SNAP benefits but not entitled to expedited service in the month it applies but it has very little income in the following month, the household must be certified under normal procedures within 30 days from the date of initial application; the household cannot be expedited for the second month.

H. There is no limit to the number of times an assistance unit can be certified under expedited procedures, as long as, prior to each expedited certification, the assistance unit either:

1. 1. Provides the verification requirements that were postponed at the last expedited certification; or
   2. Was certified under normal processing standards since the last expedited certification.

I. New SNAP client's that have never been issued as Wyoming EBT card and eligible for expedited services will be auto issued an EBT card to insure it is received in the required timeframes. New expedited SNAP clients are auto issued an EBT card on day zero (o), the day the application is registered.

J. All expedited eligible applications must be registered in EPICS the day it is received for the card to auto issue.

K. EPICS must have an address, SSN or DOB for a card to auto issue. If an expedited application comes in without this information, please do NOT apply the "Y" expedited flag to the case until you are able to complete this information. Once the information is received and entered into EPICS, you can apply the "y" expedited on the APMA screen and the card will issue on the evening the case was updated.

L. Explaining to new clients the following:

1. 1. Receiving a card does not mean that there are benefits on that card;
   2. Families will receive an approval or denial notice when their case has been finalized; and
   3. If they have any questions, they can call the number on the back of their card to check the balance.

M. To identify cases that have been auto issued an EBT card there is a DEMO SENT field on the CAP1 screen. In the event a card was sent, a 'Y' indicator will appear in that field and if not the field will remain blank.

1. Expedited service means the State agency must make benefits available to eligible households no later than the 7th calendar day after the application is filed. The 1st day of the 7-day count is the 1st calendar day after the application was filed. Issue expedited benefits to eligible assistance units within the designated time frames for the benefits to be received within seven (7) calendar days.
   1. When processing benefits for applications received after the 15th of the month, both months shall be authorized on the same day.
   2. Send a notice of expiration (F101) explaining which pending verifications must be provided for continued benefits if verification was postponed.

1. When the assistance unit has applied on or before the 15th of the month, and verification is postponed, the assistance unit is only eligible for SNAP benefits for the month of application. On the FSAD screen in EPICS, the Certification Thru date shall be the month of application only.
   1. Send the F100 Expedite Before the 15th of the Month notice.
      1. Enter the amount of the next month's allotment. This amount is shown on FSAD as "monthly allotment".
      2. Enter the full certification period that will be allowed if the postponed verification is provided.
      3. Enter the due date, which is the last day of the month of application.
      4. Enter the information/verification that must be provided. All reasonable efforts must be made within the expedited service time frame to obtain all verification that is required under the normal processing procedures.
   2. For subsequent benefit months:
      1. If the requested postponed verification is provided prior to the certification period expiring, the certification period shall be lengthened on the FSAD screen to the certification period showing on the F100.
      2. If the requested postponed verification is not provided prior to the certification period expiring, the assistance unit must re-apply.
2. When the assistance unit has applied after the 15th of the month, and verification is postponed, certify the assistance unit for the month of application and the following full month. On the FSAD screen in EPICS, the Certification Thru date shall be the month of application and the following month only.
   1. Send the F101 Expedite After 15th of the Month notice.
      1. Enter the amount of the next month's allotment.
      2. Enter the full certification period that will be allowed if the postponed verification is provided.
      3. Enter the due date, which is the last day of the month after the month of application, i.e. application date August 17th, the due date will be September 30th.
      4. Enter the information/verification that must be provided. All reasonable efforts must be made within the expedited service time frame to obtain all verification that is required under the normal processing procedures.
   2. For subsequent benefit months:
      1. If the requested postponed verification is provided prior to the certification period expiring, the certification period shall be lengthened on the FSAD screen to the certification period showing on the F101.
      2. If the requested postponed verification is not provided prior to the certification period expiring, the assistance unit must re-apply.
3. Assign a standard certification period to assistance units that are certified on an expedited basis, and have provided all necessary verification required prior to certification.
4. When the assistance unit submits a second (2nd) application at the same time the initial expedited application is processed:
   1. Date stamp the application as of the actual date received in the DFS-FO; and
   2. Consider the application an early re-certification and process it under the normal time frames and regulations governing a re-certification.

Click here for further instructions on sending expedite approval notices.

406    SNAP Migrants/Seasonal Farm Workers

Destitute Households. Migrant or seasonal farmworker households may have little or no income at the time of application and may be in need of immediate food assistance, even though they receive income at some other time during the month of application. The following procedures shall be used to determine when migrant or seasonal farm worker households in these circumstances may be considered destitute and, therefore, entitled to expedited service and special income calculation procedures (also see Section 405). Households other than migrant or seasonal farm worker households shall not be classified as destitute.

1. Households whose only income for the month of application was received prior to the date of application, and was from a terminated source, shall be considered destitute households and shall be provided expedited service.
   1. If income is received on a monthly or more frequent basis, it shall be considered as coming from a terminated source if it will not be received again from the same source during the balance of the month of application or during the following month.
   2. If the income is normally received less often than monthly (i.e. quarterly), the income shall be considered as coming from a terminated source if it will not be received in the month in which the next payment would normally be received.

Example – if income is received on a quarterly basis (i.e. quarterly, on Jan. 1, April 1, July 1, and Oct. 1) and the household applied in mid-January, the income should not be considered as coming from a terminated source merely because no further payments will be received in the balance of January or in February. The test for whether or not this household’s income is terminated is whether the income is anticipated to be received in April.

1. Households whose only income for the month of application is from a new source shall be considered destitute and shall be provided expedited service if income of more than $25 from the new source will not be received by the 10th calendar day after the date of application.
   1. Income which is normally received on a monthly or more frequent basis shall be considered to be from a new source if income or more than $25 has not been received from that source within 30 days prior to the date the application was filed.
   2. If income is normally received less often than monthly (i.e. quarterly), it shall be considered to be from anew source if income of more than $25 was not received within the last normal interval between payments.

Example – If a household applies in early January and is expecting to be paid every three months, starting in late January, the income shall be considered to be from a new source if no income of more than $25 was received from the source from October through January.

1. Households may receive both income from a terminated source prior to the date of application and income from a new source after the date of application and still be considered destitute if they receive no other income in the month of application and income of more than $25 from the new source will not be received by the 10th day after the date of application.
2. Determine if the assistance unit meets the expedite criteria when not eligible under the destitute assistance unit criteria.
3. Destitute households shall have their eligibility and level of benefits calculated for the month of application by considering only income which is received between the first of the month and the date of application. Any income from a new source that is anticipated after the day of application shall be disregarded.
4. Calculate benefits for the month of application as follows:
   1. Consider only income from a terminated source which is received between the first of the month and the date of application.
   2. Disregard income from a new source in the month of the new certification if income of more than $25 shall be received from the new source by the 10th calendar day after the date of the assistance unit’s normal issuance cycle.
   3. Disregard any travel advances considered reimbursement.
   4. Count any travel advances which, as part of the contract, are part of the wages and considered an advance of wages.
5. Exempt a migrant and/or seasonal farm worker from the work registration requirements when the individual is under contract or similar agreement for at least 30 hours per week with an employer or crew chief and shall begin employment within 30 days.
6. Certify migrant and/or seasonal farm workers as follows:
   1. Certify the assistance unit only for the month of application when verification has been postponed.
   2. Assign the assistance unit the longest certification period possible, not to exceed six (6) months, based on the predictability of the assistance unit’s circumstances; or
   3. Certify the assistance unit for the full month if reapplication is made within 30 days of the last termination date.
7. Treat assets of migrant and/or seasonal farm worker assistance units as follows:
   1. Exempt the home when temporarily unoccupied for reasons of employment:
      1. Allow the shelter costs when the assistance unit intends to return; and
      2. The current occupants of the home, if any, are not claiming the shelter costs for SNAP purposes; and
      3. The home is not leased or rented during the absence of the assistance unit.
   2. Count all nonexempt assets of an ineligible immigrant.
8. Treat income of migrant and/or seasonal farm worker assistance units as follows:
   1. Exempt the earned income of a child(ren) who is a member of the assistance unit and:
      1. Is a student at least half-time;
      2. Has not reached her/his 18th birthday; and
      3. Is under the parental control of another assistance unit member.
   2. Continue the exemption during temporary interruption in school attendance due to semester or vacation breaks provided the attendance shall resume following the break.
   3. Exempt the prorated share of the child(ren)’s income if the child(ren) meets 2 above and is part of the working assistance unit:
      1. Divide the total income projected by the total persons working.
   4. Prorate all of the nonexempt income of an ineligible immigrant (see Section 507).
9. Use the DFS 303 Employer’s Statement (Migrant) form to verify the anticipated income of the migrant and/or seasonal farm worker assistance unit.

501      Eligibility Factors

502      Categorically Eligible Persons

1. Consider the following persons categorically eligible.

1. An assistance unit is categorically eligible when all persons in the assistance unit are receiving POWER, Tribal TANF and/or SSI except under the following conditions:
   1. The entire assistance unit is institutionalized;
   2. The assistance unit or a member has been disqualified from receiving SNAP benefits due to an IPV or  sanctioned for failure to comply with a work requirement; or
   3. All assistance unit members do not purchase and prepare food together.
2. Deem the following eligibility factors met for each categorically eligible assistance unit member:
   1. Assets;
   2. Residency;
   3. Identity;
   4. SSN requirements; and
   5. Gross and net income

503    Potentially Eligible Persons

See Section 506, Assistance Unit Composition for SNAP.

1. The following persons shall be considered potentially eligible for POWER:
   1. A dependent child;
   2. A natural or adoptive parent, including one who is married to a stepparent;
   3. A caretaker relative who is in need;
   4. A stepparent with a natural, step or adopted child in the home who is the only caretaker relative and is in  need;
   5.  A two (2)-parent assistance unit or a married couple when there is at least one (1) child in common in the home.
2. The following person(s) shall be ineligible for POWER:
   1. Receives SSI;
   2. A fugitive felon or a parole violator;
   3. A child for whom adoption assistance payments are provided;
   4. An individual receiving IV-E or other federal, state or local foster care maintenance payments, including a voluntary placement;
   5. An individual(s) who is an inmate in a public institution;
   6. An applicant and/or recipient, person for the month cash assistance is received in another state; and
   7. Any individual who is an illegal immigrant.
   8. Refer to Section 504 for information concerning strikers.
   9. Has been convicted of Fraud against the State of Wyoming after January 1, 1997.
   10. Was found to have committed an IPV for POWER.
3. An un-emancipated minor parent(s) who has a child(ren) in her/his 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 shall be considered potentially eligible:
   1. Refer an un-emancipated minor to the CPS within DFS when:
      1. The un-emancipated minor parent claims no residency as stated in D.; or
      2. The un-emancipated minor parent claims the physical or emotional health or safety of the minor parent or dependent child(ren) would be jeopardized if s/he resided in such a residence.
   2. Find the minor parent and dependent child(ren) ineligible for performance payments when 1. a. and/or b. occur.
   3. Do not deny the assistance unit if the only available household contains an individual who has been 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.
4. A parent with a child(ren) in the home who receives SSI or the child(ren) in the home of a parent receiving SSI to be shall be considered potentially eligible.

504      Strikers

1. Assistance units with striking members shall be ineligible for benefits, unless the assistance unit was eligible for benefits the day prior to the strike and are otherwise eligible at the time of application.
2. Any employee affected by a lock-out shall not be deemed as a striker.
3. Any individual who goes on strike and is exempt from work registration the day prior to the strike, other than those exempt solely due to the employment, shall not be deemed as a striker.
4. The benefit level shall not be increased as a result of the decrease in income of the striker.
5. Pre-strike eligibility shall be determined by considering the date prior to the strike as the date of application and assume the strike did not occur.
6. Determine the income:
   1. Compare the striker's income prior to the strike, to the striker's current income;
   2. Use the higher of the two (2) incomes;
   3. Add the striker's income to the current income of non-striking assistance unit members during the month of application; and
   4. Allow the earned income and all other appropriate deductions.
7. POWER eligibility shall not be allowed for an assistance unit when any member is participating in a strike.

505    Student

Determine if each applicant and/or recipient meets the eligible student criteria and apply specific criteria for  eligible/ineligible students. If a student is enrolled online at least half time.

The Consolidated Appropriations Act, 2021 Created two (2) temporary exemptions during the National Public Health Emergency (PHE) for students enrolled at least half-time in an institution of higher education. The PHE expired on May 11, 2023.  States agencies must continue to apply the temporary exemptions  for initial applications filed on or before June 9, 2023, or re-certifications submitted through June 30, 2023.

The two (2) Student of Higher Education eligibility exemptions that end with the ending of the PHE are: 

• An Expected Family Contribution (EFC) of $0; and
• Eligible to participate in a State or Federally funded work study program. 

1. A student age 18 through age 49 who is physically or mentally fit and enrolled at least half-time in an institution of higher education shall meet one (1) of the following criteria to be eligible to receive SNAP:
   1. Employed and receiving pay for an average of 20 hours per week or 80 hours per month;
   2. Self-employed for an average of 20 hours per week and earning at least the federal minimum wage or 80 hours per month and earning at least the federal minimum wage;
   3. Are participating in a State or federally financed work study program during the regular school year, as determined by the institution of higher education;
   4. Receiving a POWER or Tribal TANF payment; or
   5. Participating in an on-the-job training program under WIOA or TAA while the individual is being trained by the employer;
   6. Assigned to an educational program approved through:
      1. WIOA (Job Corps has been verified approved through WIOA);
      2. The SNAP E&T program;
      3. Section 236 of the Trade Act of 1974; or
      4. A comparable state or local employment and training program.
   7. Caring for a dependent assistance unit member under age six (6) or, if a single parent/caretaker, caring for a child under age 12; or;
   8. Caring for a dependent in the assistance unit who has reached the age of six (6) but is under the age of 12 and the Benefit Specialist has determined adequate child care is not available to enable the student to attend class and comply with 1, 2, or 3.

Note: A student is not considered physically or mentally fit if they receive VA disability compensation regardless of disability rating.

1. The student criteria shall not be applied to an individual pursuing only a GED regardless of age;
2. The enrollment status of the student shall be determined as of the first day of the school term and considered the status as continuing through:
   1. Normal periods of class attendance;
   2. Vacation and recess unless the student graduates (graduates meaning the student has competed their course of study or training) , is suspended or expelled or drops out of school; and
   3. Summer break if the student was enrolled in the spring semester and is enrolled for the fall semester.
3. Treat the income and assets of the student as follows (see Sections 806, 901 and 1000):
   1. Eligible student:
      1. Exempt educational savings accounts;
      2. Exempt educational loans, grants and scholarships as an asset for six (6) months when designated for educational purposes only when commingled with other nonexempt funds;
      3. Exempt educational loans, grants and scholarships as income when earmarked for educational purposes only; and
      4. Do not exempt educational funds as an asset or income when not earmarked for educational purposes only:
         1. Allow the following deductions (see DFS 111 form):
            1. Tuition, books and mandatory fees;
            2. Supplies and equipment;
            3. Miscellaneous personal items;
            4. Dependent care when AU is responsible for payment; and
            5. Additional documented expenses (i.e. transportation to and from school).
         2. Countable educational income shall be prorated over the period of intended use.
         3. Countable educational income shall be excluded from assets for the period over which the income has been prorated.
   2. Ineligible student (see Section 507).

E.  Individuals are defined as residents of institutions if they receive a majority of their meals (more than 50 percent of three (3) meals daily) as part of their institution’s normal services. Individuals who receive the majority of their meals (more than 50 percent of three (3) meals daily) through a meal plan are considered residents of an institution and ineligible for SNAP.

Individuals who do not receive the majority of their meals from a meal plan are not residents of an institution and may be eligible for SNAP, if they meet other eligibility criteria.

Example 1:
Q: Do students who teach school 20 hours a week as part of the teacher training curriculum meet the Student Eligibility Criteria?
A: No. Work performed without pay as part of a curriculum requirement does not meet the work requirement for student eligibility. Work performed for pay does meet the requirement.

REF: ATTACHMENT 6 TO POLICY LETTER 89-12

Example 2:
Q: A household consists of a father, a mother, and their 5-year old and 3-year old children. The father and mother are both students and they each spend time caring for the children. In the morning the mother cares for the 3-year old while her husband attends classes. The 5-year old is in kindergarten in the morning. In the afternoon the father cares for both children while the mother goes to school. Can both parents be eligible students?
A: Each parent fulfills the requirement -- be responsible for the care of a dependent household member under the age of six. Therefore, both parents are eligible. The regulation does not state how long the student must be responsible for the care of the child. Student eligibility criteria is based on responsibility for the care of dependents be consistent with work registration exemptions based on the same criteria. More than one person cannot obtain eligibility by claiming to be responsible for the care of the same dependent. In the situation above, each parent cares for a separate child part of the time.

REF: ATTACHMENT 11 TO POLICY LETTER 90-04

Example 3:
Q: A person who is a full time student at an institution of higher education during the fall and spring semesters applies for food stamps during the summer. Is the person considered a student if he is not attending summer school?
A: Enrollment as a student is deemed to continue through vacations unless the student does not intend to register for the next normal school term. The summer term is not considered a "normal" school term. Therefore, if a student intends to return to school in the fall, his student status is maintained during the summer and he must meet one of the student eligibility criteria in order to be eligible. If he does not intend to return to school in the fall, he is not considered a student during the summer.

Example 4:
Q: A student completes their last day of class on the 11th, the graduation ceremony is on the 14th, and SNAP interview was completed on the 13th. Should the the client be considered a student at the time of interview?
A: No, the client is not a student at time of interview as they completed their course of study or training and is not planning on returning the next regular semester. The graduation ceremony does not affect the client's student status as it is just ceremonial and not a true indicator of completion of course study or training.  

506    Assistance Unit Composition

Determine whether persons living in a household constitute one (1) assistance unit or separate assistance units in order to determine eligibility and benefit level.

Click here for 506(A) policy prior to change made on 7/27/15.

Click here for 506 policy prior to changes made on 01/01/16.

Click here for 506(A)(4) policy prior to changes made 02/17/17.

1. The following constitutes one (1) assistance unit:
   1. An individual living alone.
   2. An individual or group of individuals who live together and customarily purchase food and prepare meals together.
   3. An individual living with others (non-relatives), but customarily purchasing food and preparing meals separate and apart from the others, such as but not limited to: (please note that an individual could live with a relative and still be considered a separate household because the individual does not purchase and prepare meals with the rest of the household. For example, siblings are not required to be in the same household. Adult nieces and nephews could reside with aunts/uncles, etc.)
      1. A roomer for whom the assistance unit furnishes lodging but not meals; or
      2. An individual who resides with an assistance unit to provide medical, housekeeping, child care or other similar personal services.
   4. A child under the age of 22 who resides with his/her natural, adoptive or step-parent(s) must all be one assistance unit regardless of the percentage of time as long as the parent says the child lives there. If parents living in separate homes both applying for SNAP cannot mutually agree on which case the child(ren) should receive SNAP, the following shall be applied.
      1. The parent that has the child(ren) 51% or more of the time will be allowed to put the child in his/her SNAP household; or
      2. If it is verified that both parents have exactly 50/50 custody and the parents claim one parent does not provide more meals than the other parent, the parent that applied first shall continue to have the child(ren) included on their case.
   5. A child (other than a foster child) under 18 years of age who lives with and is under the parental control of a
      household member other than his or her parent must be one assistance unit. A child must be considered to be under parental control for purposes of this provision if he or she is financially or otherwise dependent on a member of the household, unless State law defines such a person as an adult.
   6. NOTE: Other household situations: Spouses/significant others with children in common are included in the household when the spouse/significant other with children in common has no separate residence and resides in the household for any part of the month. Example: Interstate truck drivers and oil field workers who have no separate residence may not claim separate household status even though meals are consumed away from home.
2. The following constitutes separate assistance units.
   1. An individual or married couple, when applicable, living with and purchasing and preparing meals with others can be separate if both a and b exist:
      1. The individual is 60 years of age or older and is unable to purchase or prepare meals separately due to:
         1. Being disabled as defined in the Glossary; or
         2. Verification provided by a medical professional stating the individual is unable to purchase or prepare meals separately.
      2. The income of all other household members, excluding the individual and spouse, when applicable, is below 165% of the FPL
   2. An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from others.
3. If an individual or group of individuals is claiming separate status, client’s statement shall be accepted as verification. The case file narrative shall specify whether the client stated s/he purchases and prepares separately from his/her roommate(s) and document the roommate’s name(s). If the roommate is a parent or child, the age of the child must be documented in order to determine whether separate households are allowed.
4. Deny separate assistance unit status to the following persons living together:
   1. A child(ren) under age 18 under parental control of an adult assistance unit member, including a non- parent;
   2. A natural, adopted or step-child(ren) 21 of years of age or younger living with her/his parent(s), including when her/his spouse and/or her/his child(ren) are living in the home;
   3. A spouse living with a spouse (including same sex spouses where the marriage occurred in a state that recognizes same sex marriage);
   4. Parents living together with a child in common;
   5. Foster care individuals placed by a Federal, State or local governmental foster care program (including Casey Foundation) must be considered to be boarders and cannot participate in SNAP independently of the household providing the foster care services. Foster care individuals may participate, along with a spouse or children living with them, as members of the household providing the foster care services, only at the request of the household providing the foster care.
      1. Foster care households (i.e. foster care parents) applying for SNAP have the choice to include or not include the foster care individuals (i.e. foster care children) in their Assistance Unit:
         1. If the foster care household chooses not to include the foster care individuals (i.e. foster care children) in the SNAP Assistance Unit, the foster care individuals' income is excluded from the household income.
         2. If the foster care household chooses to include the foster care individuals (i.e. foster care children) in the Assistance Unit, the foster care individuals' income must be counted as part of the household income.
         3. If the foster care individuals (i.e. foster care children) are not included in the household's SNAP case, they cannot apply on their own.
   6. Boarders, see F.
   7. Individuals who live together and customarily purchase and prepare meals together.

** Click here for additional information on purchasing and preparing food separately and pass through expenses.**

1. Deny participation in any assistance unit to a resident of a public institution when the institution provides them with the majority of their meals (over 50% of three meals daily) as part of the institution's normal services, except the following:
   1. A resident of federally subsidized housing for the elderly.
   2. A narcotic addict or alcoholic, who resides at a facility or treatment center for the purpose of regular participation in a drug or alcohol treatment and rehabilitation program. This includes the children but not the spouses of such persons who live with them at the treatment facility. The resident must apply using an authorized representative designated by the facility/center (see Appendix 1 for facility listing).
   3. A disabled or blind individual who is a resident of a group living arrangement (see Appendix 1 for facility listing).
   4. An individual(s) temporarily residing in a shelter for battered women, men and children.
   5. A resident of a public or private nonprofit shelter for homeless individuals.
2. Deny separate assistance unit status to a boarder but allow her/him to participate in the assistance unit providing board at their request.
   1. Determine if the individual is considered a boarder by:
      1. Ensuring the amount paid for meals is distinguishable from the amount paid for lodging;
      2. Considering a person furnished both meals and lodging but paying less than a reasonable amount as a member of the household and not a boarder.
   2. Allow children and adults placed in foster care by a state, federal or local governmental agency to be considered as boarders and excluded from the assistance unit unless otherwise requested.
3. See Section 507 for treatment of excluded, disqualified or sanctioned individuals.

Determine which persons in the household are to be included in the assistance unit.

1. Find one (1) assistance unit and pay only one (1) performance payment when (also see Section 507):
   1. Two (2) parents with at least one (1) child in common, whether married or not; or
   2. Two (2) parents, each with an eligible child(ren), are married to each other; or
   3. Two (2) parents, married with no child(ren) in common, but the stepparent volunteers to participate in work programs.
   4. Three (3) generations which includes a minor parent living in the household; allow all related assistance unit members to volunteer to participate in work programs; or
   5. A caretaker relative is applying for her/his child(ren) and/or a child(ren) of one (1) or more relatives;
      1. Allow the caretaker relative who is applying only on behalf of a child(ren) of one (1) or more relatives to to volunteer to participate in work programs.
2. Find two (2) assistance units and pay each a performance payment when:
   1. Two (2) unrelated caretaker relatives live in the same household; or
   2. Siblings are caretaker relatives and live in the same household with their child(ren) and are at least 18 years of age; or
   3. A mother or father with a daughter's or son's child(ren) and a second daughter or son with her/his own child(ren) live in the same household and the daughter or son is at least 18 years of age; or
   4. A mother or father with her/his own child(ren) lives in the same household with a son or daughter over age 18 or emancipated with her/his own child(ren).
3. Two (2) Parent Assistance Unit/Married Couple
   1. Determine eligibility for a two (2) parent assistance unit/married couple prior to determining eligibility for a single-parent assistance unit/caretaker relative unit (see Section 507).
   2. Find the POWER assistance unit ineligible for the single-parent assistance unit/caretaker relative unit when non-compliance with the Pay-After-Performance requirements are not met.
4. Single-Parent Assistance Unit/Caretaker Relative
   1. Determine eligibility for a single-parent assistance unit/caretaker relative when it is verified the non- custodial parent(s) is not living in the home and cannot be counted on to function in the planning for the physical care, guidance and maintenance of the child(ren).
   2. Find the case eligible when the caretaker relative of a child(ren):
      1. Gives the reason for the absence of the non-custodial parent and return is not expected within 30 days;
      2. Names the non-custodial parent; and
      3. The preponderance of evidence indicates the non-custodial parent is not in the home; or
      4. When joint custody exists, the applicant or recipient has provided proof of being the primary caretaker.
      5. The absence was not caused solely for the performance of active duty in the Armed Services of the U.S.; or
      6. The absence was not caused solely by reason of employment, school, training or to receive medical treatment.

Example 1:
Household consists of:
Jamie - biological mother of Robert, ex-wife of Mark
Brody - current husband of Jamie
Mark - ex-husband of Jamie, current husband of Abbie
Abbie - married to Mark
Robert - 6 year old biological child of Jamie and Mark
Jamie and Brody claim they purchase and prepare food separately from Mark and Abbie.
Question: Can they be separate assistance units for SNAP?
Answer: No, since Jamie and Mark have a child in common, they must be in the same assistance unit; Jamie and Mark cannot be separate assistance units from their spouses either. Therefore, they must all be one assistance unit.

Example 2:
Question: Bonnie filed an application for SNAP for herself and her two children. The two children live with Bonnie one weekend a month; the rest of the time, they live with their father in Colorado. Can Bonnie include her children in her SNAP case?
Answer: No, Bonnie's children attend school and are residents of Colorado; therefore, they cannot receive SNAP benefits in Wyoming.

507     Including/Excluding Individuals for SNAP and POWER

1. Income, assets and deductions shall be treated as indicated in the following table for excluded, sanctioned or disqualified  individuals.

Treatment of Income, Assets and Deductions of Excluded Individuals

(Individual’s needs are excluded from assistance unit size when determining benefit level)

The sanction/disqualification is by individual, not the assistance unit.

** Mandatory minimum penalty applies.

POWER - ARW, Chapter 1, Section 6

1. The following individuals shall be included in one (1) POWER assistance unit:
   1. The natural, legal or adoptive parent(s) of a dependent child; and/or
   2. The blood related or adoptive brothers and sisters of the dependent child who are themselves dependent children and who meet all eligibility factors. (An emancipated minor is not considered a dependent child.)
2. The following individuals shall be excluded from the assistance unit and the income and assets treated as indicated in the table.

1. Emancipated minors and parents age 18 and over shall be in a separate assistance unit and no longer in their parents' unit.

508    eDRS

Determine if any household member(s) age 18 or older has a current SNAP sanction making the household ineligible to receive SNAP benefits.

1. An individual age 18 and older shall be ineligible to receive SNAP benefits if:
   1. He/she is run through the eDRS interface in RAVE and he/she is found to have a SNAP disqualification; and
   2. The state where the disqualification was received verifies the sanction has not been served and the client is not eligible to receive SNAP.
   3. The individual(s) shall remain coded as "DF" on SEPA.
   4. The individual(s) shall remain coded as "DF" until the sanction has been served. An alert shall be set to code the individual(s) back in the case if the sanction will be served prior to the certification period ending.
2. eDRS disqualification codes and disqualification time lengths
   1. 999 - Lifetime disqualification
   2. 120 - 10 year disqualification
   3. 24 - 24 month disqualification
   4. 12 - 12 month disqualification
3. An individual 18 and older shall be eligible to receive SNAP benefits if:
   1. He/she is run through the eDRS interface in Records and Verification for Eligibility (RAVE) and is not found; or
   2. He/she is run through the eDRS interface in RAVE and is found to have a sanction, but upon contacting the state where the sanction was received, it is verified the sanction has been served.

601      Age

1. Refer to Section 506

1. Each child(ren) shall be between birth and less than age 18; or
2. When the child(ren) is 18, he/she shall be attending high school full-time and be expected to graduate before reaching age 19.

602    School Attendance

Determine whether each child applicant/recipient, including a minor parent, meets the school attendance factor for POWER.

1. Through Age 15:
   1. The parent(s) of a child(ren) age 15 and under, and who has not yet completed the tenth grade, shall require the child(ren), including a minor parent, to be currently enrolled and attending school full-time. School includes a district approved alternative or district approved homeschool program beginning with the first grade;
   2. The DFS field office shall form an appropriate team to work with the parent(s) or caretaker relative(s) of a child(ren) who is not attending school full-time and the parent(s) or caretaker relative(s) shall cooperate in developing and implementing a plan to resolve the problem; and
   3. Allow the child(ren) to remain exempt but do not authorize a POWER payment if the parent or caretaker relative does not cooperate in developing and implementing the plan.
2. Age 16 through Age 17:
   1. Require a child(ren), excluding a minor parent, age 16 or older or who has completed the 10th grade and not graduated to be:
      1. Currently enrolled and attending high school or district approved alternative full-time; or
      2. Complying with the work program performance requirements.
   2. Do not authorize a performance payment for the performance period when compliance with the Pay- After-Performance requirements is not met.
3. Age 18 or a Minor Parent:
   1. Require a child(ren) age 18 or a minor parent of any age to be:
      1. Currently enrolled and attending high school or district approved alternative full-time; and
      2. Maintaining a "C" or equivalent cumulative grade point average.
   2. Require a child(ren) age 18 to graduate from the school or district approved alternative program before reaching the age of 19; and
   3. Consider the student who is expected to complete high school sometime during the month of his/her 19th birthday eligible for the performance payment month since he/she was eligible for a portion of the performance period.
   4. Remove the child the first of the month following the 18th birthday if s/he is not expected to graduate from the school before reaching the age of 19; or
   5. Close the case the first of the month following the 18th birthday when the above age eligibility factor is not met by the only child in the assistance unit.

      Example:

      Tommy is turning 18 on January 27th, it was verified with his school that he will not graduate before his 19th birthday.   Due to these circumstances, Tommy is  no longer considered a dependent child and does not meet the age eligibility factor for POWER.  If Tommy is the only child in the case, the case must be terminated in February.  If Tommy is not the only child in the case, he should be removed from the grant by coding him OU in SEPA beginning in February.

   6. Require the minor parent to graduate as projected when beginning secondary school or within six (6) months.
4. Not Attending School:
   1. Find a dependent child(ren), who is not mandatory for the POWER work program, eligible when absent from school because of official vacations, illness, convalescence or family emergency involving an immediate family member and the absence is temporary and the child(ren) was enrolled until the time of the absence.
   2. A dependent child who is required to comply with the POWER work program performance requirements shall seek and accept employment during summer breaks if not enrolled in summer school full-time.
5. Verification of School Attendance:
   1. Verify school attendance each September, fall midterm, January and spring midterm for those individuals age 16 and older and who are meeting the school attendance requirements.
   2. Verify school attendance of children less than 16 years old when school attendance is questionable during the school year or if they are a minor parent.
   3. Verify school attendance for all students for fall in the spring when pre-registration takes place.

603     Residence

Each person who is applying for or receiving benefits shall be a resident of Wyoming.

1.  A person is a resident of Wyoming, if he/she:
   1. Is living in the state voluntarily with the intention of establishing a permanent residence;
   2. Is living in the state voluntarily (i.e.) homeless individual, migrant worker, student), and has not established any durational residency, for SNAP only;
   3. Is not in the state only for vacationing; or
   4. Is receiving assistance in the Wyoming county of residence.
2. A lack of a permanent dwelling or lack of a fixed residence or home address shall not act as a barrier to receipt of assistance as long as residence is met.
3. Residence shall continue until it is established elsewhere by the individual.
4. No individual shall participate as a member of more than one (1) assistance unit or in more than one (1) county/state in any month except:
   1. For SNAP purposes under the following circumstances:
      1. The individual is a resident of a shelter for battered women and children (See Appendix 1); and
      2. The individual was a member of the assistance unit containing the abusive person.
5. Residence shall not be interrupted by a temporary absence for POWER if the POWER eligible is a child(ren) and meets the temporary absence criteria (see Section 609).

604     Identity

1. For POWER, each applicant shall provide identification prior to being found eligible.
2. For SNAP, the identity of the person making application shall be verified. Where an authorized representative applies on behalf of a household, the identity of both the authorized representative and the head of household shall be verified.
3. Identity is the minimal eligibility factor an applicant (person and/or authorized representative making the application) shall meet prior to receiving expedited service for SNAP.

605     Social Security Number (SSN) Requirement

1. Determine if each assistance unit member meets the SSN eligibility factor.
2. Refer to Section 303 for information concerning acceptable evidence when hard copy verification is required.
3. Verification
   1. For POWER, require a hard copy of the social security card or a copy of an interface.
      1. For newborns; require a hard copy of the social security card or a copy of an interface, no later than three (3) months after the child's date of birth.  Enter the child's date of birth in the SS5 DT field in SSDO to allow this grace period and set a reminder alert.
      2. Terminate the POWER assistance unit when this requirement is not met.
   2. For SNAP, require a SSN or proof of application for a card unless good cause exists.
      1. The assistance unit member shall be disqualified from SNAP when he/she refuses or fails to provide or apply for a SSN.
   3. If the assistance unit is unable to provide proof of application for an SSN for a newborn for SNAP, the assistance unit shall provide the SSN or proof of application at its next recertification or within six (6) months following the month the baby is born, whichever is later.
      1. If the assistance unit is unable to provide an SSN or proof of application for an SSN at its next re- certification within six (6) months following the baby’s birth, the worker shall determine if the good cause provisions are applicable (see 605 E).
4. Immigrant Without Work Authorization.  The SSA will not assign or replace a SSN to an immigrant who does not have CIS work authorization unless a federal, state or local statute or regulation, in accordance with federal law, requires the immigrant to provide a SSN to receive assistance/benefits.
   1. Establish that the immigrant(s) meets all requirements to receive assistance except for a SSN;
   2. Obtain verification that the immigrant does or does not have authorization of the CIS to work in the U.S.:
      1. Use the SAVE process as outlined in Section 606; or
      2. Obtain verification from the CIS as outlined in Section 606.
   3. Require the immigrant who does not have authorization of the CIS to work in the U.S. to provide evidence of age, identity and lawful immigrant status; and
   4. Submit to the local SSA a statement on letterhead stationery specifying:
      1. The identity of the immigrant;
      2. The reason the SSN is required; and
      3. The immigrant meets all the requirements to receive assistance except a SSN.

1. Good Cause
   1. Determine if the assistance unit member who is unable to provide or apply for a SSN has good cause;
      1. Has applied for the SSN;
      2. Made every effort to provide SSA with the necessary information; or
      3. Refused to apply for a SSN based on a sincere religious objection.
   2. If no SSN, use documentary evidence from the assistance unit, the SSA and the DFS-FO case record to verify the assistance unit member;
   3. Allow the assistance unit member to participate for 30 days in addition to the month of application when good cause exists;
   4. Re-evaluate the good cause monthly until the SSN is provided and allow continued participation when good cause exists; and
   5. Document the reason good cause is allowed.

606     Citizenship and Immigrant Status

1. Determine if each applicant/recipient meets one (1) of the citizenship/immigrant eligibility factors as indicated in the Table below to qualify for benefits.
2. Automatic citizenship is granted to a child(ren) born in a foreign country or a child(ren) adopted from abroad by U.S. citizens and the child(ren) is (Child Citizenship Act, P.L. 105-185):
   1. Under 18 years of age;
   2. Admitted to the U.S. as a lawful permanent resident; and
   3. In the legal and physical custody of at least one (1) parent who is a U.S. citizen.
3. An adult victim of trafficking who is certified, and a child(ren) who has a certification letter, are eligible for benefits the same as a refugee under 207 of the INA (see the following chart) (Trafficking Victims Protection Act, P.L. 106-386):
   1. The certification letter for the adult(s), and letter for a child(ren), shall be issued by the U.S. Department of Health and Human Services, Office of Refugee Resettlement (ORR), and shall be accepted in place of CIS documentation;
   2. Confirm the validity of the certification letter, or letter for a child(ren), and notify ORR of the benefits for which the individual(s) has applied by calling the trafficking verification line at (202) 401-5510; and
   3. Record and set an alert for the expiration date of the certification date as a review of continuing eligibility shall be conducted.

1. Immigrant Verification Process
   1. Assure the information entered on the eligibility computer system is correct for illegal immigrants as DFS shall report them to CIS when:
      1. A government entity knows that an immigrant is present illegally only when the entity’s finding or conclusion of unlawful presence is made as part of a formal determination subject to administrative review and is supported by a determination of the CIS or the Executive Office of Immigration Review, such as a Final Order of Deportation.
   2. The unsponsored lawful permanent resident not meeting the eligibility requirements shall not be eligible for SNAP benefits; and
   3.  This individual may not be eligible for SNAP.
2. See Appendix 4 for the SDX immigrant codes and the definition.
3. See Appendix 10 for instructions for Quarters of Coverage History System (QCHS) Inquiry.
4. Systematic Alien Verification for Entitlements (SAVE).
   1. Require all immigrant applicants to present original documentation of immigrant registration or another form of documentation the issuing agency determined was reasonable evidence of the applicant's immigration status or an Alien Registration Number (A-Number).
   2. All queries to obtain and/or verify immigrant status shall be made through the Internet. The web site is:  https://save.uscis.gov/Web/vislogin.aspx?JS=YES.
      1. This site is provided by the Department of Homeland Security and contains initial and secondary information on immigration and immigrant status.
   3. If an immigrant does not have CIS documentation, the worker shall verify the date of entry into the United States or date status was given by submitting CIS Form G-845.
      1. You must email the SAVE program at saveregistration@uscis.dhs.gov and receive approval before you submit Form G-845.
5. Documentation. The case record shall show documentation of the validity of the immigrant’s status as provided through the CIS and/or contain a copy of the CIS Form G-845.
6. Failure to Comply
   1. The assistance unit shall be ineligible for POWER when any member indicates an unwillingness to provide documentation of immigrant status.
   2. Disqualify from SNAP any assistance unit member who indicates an inability or unwillingness to provide documentation of immigrant status.

1. Sponsor of an Immigrant
   1. Deem the assets of the sponsor of an eligible immigrant, and the sponsor's spouse, to the eligible immigrant 100% until:
      1. The immigrant(s) becomes a citizen;
      2. The 40 qualifying quarters of work without receipt of government benefits exist; or
      3. The sponsor dies.

K. Reduce the value of the deemed asset(s) by $1,500 to determine the amount available to the assistance unit.

L. Income

1. 1. Deem the income of the sponsor of an eligible immigrant, and the sponsor's spouse, to the immigrant until:
      1. The immigrant(s) becomes a citizen;
      2. 40 qualifying quarters of work without receipt of government benefits exist; or
      3. Until the sponsor dies.

2. Use the following to calculate the amount available to the sponsored immigrant for SNAP:

1. 1. 1. Deduct 20% from the gross earned income of the sponsor/sponsor's spouse;
      2. Deduct an amount equal to the monthly gross income eligibility limit for the size of the sponsor's household; and
      3. Divide the net income by the number of sponsored immigrants.

3. Do not apply these provisions to:

1. 1. 1. 1. An immigrant who is a member of his/her sponsor's assistance unit;
         2. A refugee, parolee, asylee, Cuban/Haitian entrant;
         3. A battered immigrant spouse, immigrant parent of a battered child or child of a battered immigrant after determining the battering is connected to the need for benefits and the battered individual does not live with the batterer; or
         4. An immigrant whose income, including cash contributions, the value of any in-kind assistance provided by the sponsor and others, or the amount of income available from the sponsor calculated in CM 606(L)(2) does not exceed 130% of the FPL.

1. 1. 1. 1.  Use 100% of the income for POWER (see Section 1101).
         2. Exempt the income of an ineligible immigrant sibling in determining the need of an otherwise eligible dependent.

Example 1.

Question: Do qualified alien children under 18 have to wait five years before they can start receiving SNAP?

Answer: No. Qualified alien children under 18 are automatically eligible without a waiting period. Even if non-citizen parents may not be eligible themselves, they can apply for their children.

Example 2.

Question: If a non-citizen child receiving SNAP turns 18 years of age during a certification period, and has been living in the United States for over five years, is the child still eligible to receive SNAP?
Answer: Yes. Once a child turns 18, the child may continue to be eligible for SNAP as long as he or she meets other program criteria.

Example 3.

Question: If a qualified alien is in an exempt category (e.g., asylee or refugee) and later adjusts to LPR status, does the qualified alien have to meet the five-year requirement?
Answer: No. Those non-citizens are exempt from the five-year residency requirement and are eligible indefinitely, both before and after adjustment of status to LPR. Their exemption from the five- year waiting period is not affected by their adjustment to LPR status. An example of this is an individual who was initially granted asylum in January 2009 and then adjusted to LPR status in January 2011. Even though this non-citizen has not been in a qualified alien status for five years, the qualified alien is eligible indefinitely without a waiting period as an asylee.

When a non-citizen has adjusted to LPR status from another category, the green card usually shows the previous status and the date of the adjustment of status to LPR rather than the date the previous status was granted. To obtain a history of a non-citizen’s status from USCIS, State agencies may have to specifically ask for the information on USCIS Forms G-845 (Document Verification Request) and G-845 Supplement (Document Verification Request Supplement). Generally, these and other USCIS forms are available on the USCIS website.

607     Relationship

POWER only:

Determine if the applicant/recipient meets the relationship eligibility factor by requiring the caretaker to be a relative to the child(ren).

608     Living With A Relative

For POWER only: Determine if the applicant or recipient meets the living with a relative eligibility factor.

1. Require the caretaker to be a relative of the child and consider the eligibility factor met when:
   1. Living with the child;
   2. Responsible for the care and control of the child; and
   3. It has been established the caretaker relative is the primary caretaker of the child(ren); or
   4. The parents share joint custody and it has been established the applicant/recipient is the primary caretaker.
2. Consider a stepparent eligible and the living with a relative factor met when s/he is the only caretaker relative in the household and, for POWER, is in need.

609     Temporary Absence

For POWER only.

1. Temporary Absence of the POWER Eligible Individual
   Find the temporary absence criteria met and allow the individual to continue to remain in the assistance unit when:
   1. The caretaker relative remains responsible for the care and control of the child(ren); and
   2. The absence of the child(ren) is for no more than 90 days and verification has been provided the child(ren) is expected to return to the home within 90 days and the child(ren) has not entered foster care.
   3. The absence of the caretaker relative or parent due to hospitalization or recovery from injury or illness is not expected to continue beyond thirty (30) days and verification has been provided.
      
      For special circumstances not addressed above, please escalate the situation to the DFS-SO for an individual case circumstance review and determination.

610 Fleeing Felons/Probation or Parole Violators

General Rule:

Fleeing felons and probation or parole violators: Individuals who are fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony (or in the State of New Jersey, a high misdemeanor) or who are violating a condition of probation or parole under a Federal or State law shall not be considered eligible household members. The income and resources of the ineligible member shall be handled in accordance with Section 507.

1. To determine if an individual is a fleeing felon the following 4 criteria must be met - all four items have to be present and verified by the State to determine that an individual is a fleeing felon:
   1. There has to be an outstanding felony warrant for an individual;
   2. The individual has to be aware of, or should reasonably have been able to expect that, a warrant has or would have been issued;
   3. The individual has to have taken some action to avoid being arrested or jailed; and
   4. A law enforcement agency must be actively seeking the individual.
2. To be considered a probation or parole violator:
   1. An impartial party, as designated by the State, must determine that the individual violated a condition of his or her probation or parole imposed under Federal or State law; and
   2. Federal, State, or local law enforcement authorities are actively seeking the individual to enforce the conditions of the probation or parole.
3. Actively seeking is defined as follows:
   1. A Federal, State, or local law enforcement agency informs a State that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within 20 days of submitting a request for information about the individual to the State;
   2. A Federal, State, or local law enforcement agency presents a felony arrest warrant as provided in 273.11(n)(1)(ii); or
   3. A Federal, State, or local law enforcement agency states that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within 30 days of the date of a request from a State about a specific outstanding felony warrant or probation or parole violation.
4. States have the responsibility of verifying the fleeing felon and parole or probation violator status of an individual. Contact the SNAP Program Manager if determination needs to be made and the SNAP Program Manager will make the determination.
5. If a State needs to act on an application without determining fleeing felon or probation or parole violator status in order to comply with the application processing time frames, the State shall process the application without consideration of the individual’s fleeing felon or probation or parole violator status. This applies to expedited service as well.
6. An individual is only a fleeing felon or a parole or probation violator for SNAP purposes if that individual meets the definition of a a fleeing felon. Once the individual is not meeting the appropriate criteria, they may be certified. A new determination of fleeing felon or probation or parole violator would need to be made each time the individual applies.
7. Under simplified reporting, if an individual is determined to be a fleeing felon or a probation or parole violator during a certification period, that individual must be disqualified from the program even though it might result in a decrease in benefits.
8. The case file narrative shall be documented explaining the final determination and how it was reached

700 Participation/Cooperation Requirements

Each mandatory assistance unit member shall comply with the approved activity, participation, work registration, and/or performance requirements mandated by the applicable program.

701      Work Registration Requirements

1. The Work Agreement/Registration and/or E & T Referral shall be completed at the time of application by all individuals mandatory for work registration, excluding mandatory persons who are excused while meeting the work requirements by participating in UIB, POWER or Tribal TANF. The primary household member is agreeing to the Work Agreement/Registration for all household members by signing the application.
2. Require mandatory work registrants described in 1 to:
   1. Register either on-line or at DWS;
   2. Complete an online resume at  HireWYO.com;
   3. Respond to a request for supplemental information regarding their employment status or availability for work;
   4. Report to an employer to whom referred if the potential employment meets the definition of suitable employment (see Section 704 Suitable Employment).
   5. Not voluntarily and without good cause quit a job of 30 or more hours a week or reduce work effort to less than 30 hours a week. See Section 705 Voluntary Quit/Reduction in Work Effort Provisions.
   6. Accept a bona fide offer of suitable employment if the wage is at least federal minimum wage;
   7. Retain and maintain suitable employment (see Section 704 Suitable Employment).
3. Work compliance requirements shall be reviewed during the interview with all mandatory for work registration and anyone who is temporarily excused from signing the form so s/he is aware of the requirements and penalties for noncompliance.
4. Deny any mandatory individual who refuses to comply with the work agreement/registration (see Section 707) and/or sanction anyone who fails to comply with the work requirements for UIB, POWER or Tribal TANF (see Section 713).
5. A mandatory individual shall be disqualified for failure to comply with the work registration requirements in 1. and 2. without good cause.
6. An individual is assumed to have complied unless information is received from DWS that s/he has not complied.

Example 1: Household of 3 applies for SNAP benefits. The household consists of 1 adult and 2 children over the age of 12. The adult in the household is not employed and does not meet any other exemption and is required to complete the work registration requirements. The individual refuses to comply with the work requirements listed in section B. The adult (PI) should be sanctioned and coded "DF" on SEPA and a sanction date "SA" should be added to WORW in EPICS. Benefits will be issued for the remaining 2 members of the household.

702    Exemptions From Work Registration

1. An assessment of each applicant/recipient shall be performed to determine if the individual is exempt from the work registration and update the exempt status on WORW whenever the recipient’s status changes.
2. An individual shall be exempt if s/he meets the criteria in one or more of 1-12:
   1. A child under age 16, including a child who turns 16 within the certification period.
   2. Age 16 or 17,who is:
      1. Not the head of the assistance unit; or
      2. Attending school; or
      3. Enrolled in an employment training program at least half-time.
   3. Age 60 or older.
   4. Physically or mentally unfit for employment as verified by:
      1. Receipt of temporary or permanent disability benefits issued by governmental or private sources (see Glossary for definition of disabled);
      2. A determination of incapacity (preferably using the DFS 110 Statement of Incapacity) which is completed by the individual’s medical professional;
      3. A visual determination of a physical disability by the Benefit Specialist as documented in the case record;
      4. Cooperating with the Department of Employment/DVR including when verified the individual is in the application process for services; or
      5. Cooperating with the Social Security Administration (SSA) in the Supplemental Security Income (SSI) application process (must be verified). If a client is denied SSI, the appeals process no longer exempts the person from work registration. *Note: this exemption only applies to SSI, not Social Security Disability (SSD) aka SSDI or SSDS.
      6. Receipt of VA disability compensation - regardless of disability rating.
   5. A parent or other individual who is responsible for the care of a dependent child under age six (6).
   6. A parent or other individual who is responsible for the care of an incapacitated person.
   7. A person receiving unemployment compensation (UIB). A person who has applied for, but is not yet receiving, unemployment compensation is also exempt if that person is complying with work requirements that are part of the Federal-State unemployment compensation application process.
   8. A regular participant in a drug addiction or alcoholic treatment (does not include Alcoholics Anonymous (AA)) and rehabilitation program. Regular participation consists of required, recurring counseling that occurs during work hours (7:00 am - 9:00 pm) and/or therapy that has been court ordered or is part of a probation agreement and cannot be accomplished outside of work hours (7:00 am - 9:00 pm). The individual must be participating a significant amount of time during work hours that would prohibit them from seeking/gaining employment and/or the facility providing the services verifies seeking/gaining employment is detrimental to their recovery at this time.
   9. A bona fide student enrolled at least half time in any of the following during normal periods of class attendance, vacation and recess (see Section 505):
      1. Recognized school (i.e. high school).
      2. Training program (i.e. Wyoming Technical Institute, Workforce Innovation and Opportunity Act (WIOA), and certain Employment and Training (E&T) programs which include education).
      3. Institution of higher education (i.e. Laramie County Community College (LCCC), University of Wyoming (UW)).
   10. Subject to the requirements of the POWER or Tribal TANF program.
   11. Employed or self-employed and working a minimum of 30 hours weekly or receiving weekly earnings equal to at least the federal minimum wage multiplied by 30 hours.
   12. Meets 11 above and is a migrant/seasonal farm worker who is under contract or similar agreement with an employer or crew chief to begin employment within 30 days.
3. Refer to Section 703 for coding on WORW in EPICS.
4. Changes in exempt status shall be:
   1. Updated the next month when the change is due to a mandatory reporting requirement (see Section 1501); or
   2. Updated at the time of re-certification if the change is not required to be reported.

Example 1:

Example 2:

Question: An assistant unit consists of a mom, dad, two children (ages 7 & 4) and an uncle. The mom & dad both are employed over 30 hours per week. The PI states to the benefit specialist that the uncle is responsible for the care of the children while the parents are at work. Is the uncle then exempt from work registration?

Answer: Yes, the uncle is exempt from work registration as he is responsible for the care of a child under the age of 6.

703      Tracking Work Program Requirements

1. Use the following codes on WORW for work registration (see Section 702):
   1. Exempt individuals shall be coded “Y-EX” in the “EXEMPT” field;
   2. The work registration date shall be entered in the SNAP WORK RGDATE field.
2. Use the following codes on WORW in EPICS for E&T:
   1. Code exempt individuals “Y-EX” in the EXEMPT field;
   2. Code the “VOL” field “Y”.
3. Use the following codes on JAS for E&T after selecting the individual to be activated:
   1. Assure the caseload number of PASS is correct;
   2. Enter 101 as the component code on EMDP for regular E&T with scheduled start and scheduled end dates which reflect no more than a 60 day period at 30 hours per week;
   3. Create the participant reimbursement for E&T participants (see Section 712);
   4. Assure all payments have been authorized at the end of 60 days or when advised by the
      E&T provider the component activity is completed:
      1. Enter an actual end date on EMDP;
      2. Generate a JAS E&T closure notice; and
      3. Terminate the case on PASS.

704    Suitable Employment

Mandatory work registrants described in Section 701 are required to report to an employer to whom referred if the potential employment meets the definition of suitable employment.

Employment shall be considered suitable unless one (1) or more of the following has occurred to make the employment unsuitable:

1. The wage offered is less than the applicable federal minimum wage.
2. The employment offered is on a piece-rate basis and the average hourly rate the employee can reasonably be expected to earn is less than the applicable federal minimum wage.
3. The individual, as a condition of employment or continuing employment, is required to join, resign from or refrain from joining any legitimate labor organization.
4. The work is at a site subject to a strike at the time of the offer unless the strike has been enjoined under Section 208 of the Labor Management Relations Act or Section 10 of the Railway Labor Act.
5. The degree of risk to health and safety is unreasonable.
6. The member is physically or mentally unfit to perform the employment as documented by medical evidence or by reliable information from other sources.
7. The distance from home to work exceeds two (2) hours per day, not including the transportation of a child to and from a child care facility, or the distance prohibits walking and neither public nor private transportation is available.
8. Working hours or the nature of employment interferes with religious beliefs, observances or convictions.

705 Voluntary Quit/Reduction in Work Effort Provisions

Mandatory work registrants cannot voluntarily and without good cause quit a job of 30 or more hours a week or reduce work effort to less than 30 hours a week, see Section 701(B)(6).

1. Exempt an individual from the voluntary quit/reduction in work effort provisions if s/he is exempt from the work registration requirements due to meeting one of the exemptions in Section 702(B)(1-10).
2. Exempt an individual from the voluntary quit/reduction in work effort provisions if s/he has resigned from a job at the demand of the employer or has been terminated or fired from employment.
3. Determine whether any individual voluntarily quit employment or voluntarily reduced hours/wages:
   1. Thirty days or less prior to the date of application; or
   2. Any time after the date of application.
4. Apply the voluntary quit provision only if 1-3 apply:
   1. The employment was for at least 30 hours per week or provided weekly earnings equivalent to the federal minimum wage multiplied by 30 hours;
   2. The employment met the definition of suitable employment (see Section 704 Suitable Employment); and
   3. The quit was without good cause (see Section 706).
5. Document the decision in the case record.
6. Disqualify a mandatory individual for voluntarily quitting suitable employment or reducing work effort without good cause.
7. Terminate a sanction when any of the following occur:
   1. If the disqualified individual, prior to the effective date of the sanction or during the disqualification period, becomes exempt from the work requirements;
   2. If the disqualified individual, prior to the effective date of the sanction or during the disqualification period, returns to employment or secures new employment which is comparable in salary or hours to the job which was quit; or
   3. If the minimum mandatory ineligibility period has expired (see Section 707).
      1. The disqualification period(s) shall run uninterrupted regardless of whether or not benefits are received.

706 Good Cause for Failing to Comply with Work Requirements

1. Determine if good cause exists when an individual claims to have good cause for failing or refusing to comply with work requirements.
2. Grant good cause under the following conditions:
   1. Circumstances are beyond the individual’s control such as, but not limited to:
      1. Illness;
      2. Illness of another assistance unit member requiring the presence of the member;
      3. An assistance unit emergency;
      4. The unavailability of transportation; or
      5. The lack of adequate child care for children who have reached age six (6), but are under age 12.
   2. Discrimination by an employer based on age, race, sex, color, disability, religious beliefs, national origin or political beliefs.
   3. Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule.
   4. Acceptance by any assistance unit member of employment or enrollment of at least half-time in any recognized school, training program or institution of higher education that requires the member to leave employment and/or move.
   5. Resignations by persons under the age of 60 which are recognized by the employer as retirement.
   6. Acceptance of a bona fide offer of employment of more than 30 hours a week or in which the weekly earnings are equivalent to the Federal minimum wage multiplied by 30 hours which, because of circumstances beyond the control of the wage earner, subsequently either does not materialize or results in less than 30 hours a week or weekly earnings of less than Federal minimum wage multiplied by 30 hours.
   7. Leaving a job in connection with patterns of employment in which workers frequently move from one (1) employer to another such as migrant farm labor or construction work.
   8. Employment that is no longer suitable as defined in Section 704 Suitable Employment.
3. Document the reason good cause was approved or denied in the case record.

707 SNAP Sanctions Due to Noncompliance

1. If there is a failure to comply with POWER or Tribal TANF:
   1. Do not increase the benefit when the income of an assistance unit is reduced for failure to perform a required action;
   2. Maintain the current benefit level if benefits would increase as a result of this provision.
2. Apply the following procedures when a sanction occurs for failure to comply with the SNAP work program requirements:
   1. Impose the sanction period as follows:
      1. For the first occurrence of non-compliance with the work requirements the household member(s) shall be disqualified for one (1) full month;
      2. For the second occurrence of non-compliance with the work requirements the household member(s) shall be disqualified for three (3) full months; and
      3. For the third or subsequent occurrence of non-compliance with the work requirements the household member(s) shall be disqualified for six (6) full months.
   2. The member who caused a sanction due to a voluntary quit or a reduction of work effort shall be required to meet the provisions in Section 705(D); and
   3. Continue the sanction until:
      1. The individual becomes exempt during the sanction period (see Sections 702 Exemptions From Work Registration, and 708 ABAWD Requirements);
      2. The individual cooperates with the work requirements; and
      3. The minimum sanction period has been served.
         1. The disqualification period(s) shall run uninterrupted regardless of whether or not benefits are received.
3. Proceed as follows for all sanctions:
   1. Review any sanction for appropriateness.
   2. Assure the notice requirements are met prior to imposing any sanction (see Tables).
      1. Generate the F432 SNAP Work Requirements – one (1) person HH notice or the F732 Decreased SNAP: Work Requirements Non-Comply notice for failure to comply explaining:
         1. The name of household member(s) in non-compliance;
         2. Requirement(s) not met;
         3. Length of disqualification period; and
         4. Action that can be taken to avoid the disqualification before the disqualification period begins.
      2. Cancel the adverse action if the individual complies before the noncompliance can be imposed.
   3. Update the SEPA and WORW screens as follows:
      1. SEPA - change sanctioned individual(s) to DF;
      2. WORW - change sanctioned individual(s) to Exempt - Y, EX (under the applicable WORK RG or SNAP E&T fields) and enter the Sanction Code - SA and effective date.

708 ABAWD Requirements

709 Exemptions From ABAWD Provision

A. An ABAWD is a SNAP applicant/recipient who is:

1. Able-bodied;
2. As of October 1, 2024 the age 18 through the age of 54, (before October 1, 2024, Between the ages of 18 and 52) and;
3. In an assistance unit with no children.

B. Do not apply the ABAWD benefit limit to an individual if s/he is:

1. Exempt from work registration for any reason; or
2. A pregnant woman.

As of September 1, 2023

3. Homeless Individuals

4. United States Veterans 

5. Individuals age 24 or younger who turned age 18 while in a foster care program. 

710 E&T Participation

1. E & T is a voluntary work program provided by the Department of Workforce Services and CLIMB Wyoming. All SNAP recipients are required to complete work registration.
2. SNAP recipients can voluntarily participate in E & T.
3. Code ALL individuals Y-EX and code those that voluntarily participate as Y-VOL on WORW in the SNAP E&T fields.

Referral Process:

1. Verify SNAP E&T eligibility for participant;
2. Provide the potential participant the appropriate connecting E&T vendor; Climb for singles moms and Dads Making a Difference (DADS) for single Dads.
3. Climb (307) 316-1470 primary number or visit https://climbready.org/upcoming-trainings/ ; https://www.info@climbwyoming.org
4. DADS (307) 777-3639/(307) 777-3454; visit https://dws.wyo.gov/dws-division/workforce-center-program-operations/programs/dads-making-a-difference-program or contact program coordinator directly- Chris Wiederpahn chris.wiederpahn@wyo.gov

E&T Requirements

A. Require each voluntary E&T individual to:

1. Complete the DFS 301 for assignment to the E&T program;
2. Contact the E&T provider within 10 days;
3. Actively participate in job search for two (2) months each year unless otherwise exempt;
4. Respond to notices, contact the E&T provider upon request and keep scheduled meetings with the E&T provider; and
5. Schedule and fully participate in activities assigned by the E&T provider.

B. There is no sanction for voluntary individuals. The case shall be closed if the individual does not cooperate with A.

712 E&T Participant Reimbursements

In accordance with 7 CFR 273.7(d)(4), State agencies are required to pay for or reimburse participants for expenses that are reasonable, necessary, and directly related to participation in E&T. State agencies may impose a maximum limit for reimbursement payments.

713   POWER Performance Requirements

A. Inform the applicant/recipient of the POWER Pay-After-Performance requirements which shall be met before a monthly performance payment can be authorized:

1. Registration with DWS for mandatory individuals;
2. Cooperation with the POWER work program action center for mandatory individuals;
3. Cooperation with the CSE, if applicable; and
4. Meeting all other eligibility factors.

B. Inform the applicant/recipient of the penalties for noncompliance with the Pay-After-Performance requirements.

C. Inform the applicant/recipient which assistance unit members are required to sign the IRCU and/or the initial IRP as a condition of eligibility within the following time frames:

1. By Wednesday of the same week if application is made on Monday, Tuesday or Wednesday; or
2. By Wednesday of the following week if application is made on Thursday or Friday of the prior week.

714   POWER Exempt Individuals

A. Exempt POWER applicants/recipients who meet the following criteria from the work program performance
requirements (see Sections 716 DWS Referral and 717 DWS Work Program Referral).

1. A child, excluding a minor parent, who is attending school full-time or who is preschool age.

a. If a child below the age of 16 is not attending school full-time, the DFS field office shall work with the parent or caretaker relative to resolve the problem; and
b. The child shall remain exempt, but the assistance unit’s POWER payment may not be paid if the parent or caretaker relative does not cooperate in developing and implementing the plan to resolve the problem.

2. Sixty-five years of age or older.
3. The single custodial parent of a child who is personally providing care for a child under the age of three (3) months.

a. Start date of the three (3) month exemption begins with the newborn's birth date.
b. The duration of the exemption must not extend beyond the month that the baby turns three (3) months old; see CM 719 for next steps.
c. This exemption does not apply to the minor parent or the teen parent under the age of 20 without a high school diploma or the equivalent;
d. This exemption is available for 12 months in a lifetime beginning with 1/2/97; and
e. Can be divided between more than one (1) child.

Example: A child born on July 12, would exempt the single custodial parent through October 31.

July 12 to August, August to September, and September to October 31.

B. Update the exemption on WORW immediately if the status of an assistance unit member changes.

C. Do not exempt anyone from the child support requirements unless there is no child support issue.

POWER Mandatory Individuals

A. Mandatory applicants/recipients are those who do not meet any of the exemption criteria as well as the following individuals:

1. A child who is no longer subject to the mandatory school attendance laws and drops out of school or is suspended;
2. A minor parent; or
3. A teen parent under the age of 20 without a high school diploma or equivalent.

716   DWS WyomingatWork Registration Referral (POWER)

A. Refer the mandatory applicant/recipient for work registration using the initial DFS 568 at each application or reapplication and when her/his work exemption status changes to mandatory.

B. Complete work registration online (HireWYO.com) or at the local Workforce Center within 14 days from the initial DFS 568.

1. Advise the work program action center of any changes in the employment of the assistance unit or of job refusals.

C. Deny the initial application if the applicant/recipient fails to comply with the DWS registration requirements. Authorize the $1 non-payment status for ongoing cases using the "XW" unearned income code on UNIN for the payment month that corresponds with the appropriate performance period(s).

717    DWS Work Program Referral (POWER)

A. Refer the mandatory applicant/recipient to the work program action center using the initial DFS 568 at each application or reapplication and if her/his work exemption status changes to mandatory.

B. Contact with the work program action center shall occur within 14 days from the initial DFS 568.

C. Deny the initial application if the applicant/recipient fails to comply with the Work Program. Authorize the $1 nonpayment status for ongoing cases using the "XW" unearned income code on UNIN for the payment month that corresponds with the appropriate performance period(s).

718   EPICS Coding (POWER)

A. Immediate and proper coding is essential for program assessment, reporting and auditing requirements.
B. Code exempt applicants/recipients Y-EX on WORW.
C. Code mandatory applicants/recipients N-NE on WORW.
D. Enter the appropriate code in the target field on WORW to identify the following individuals:

1. "CP" - Teen parent;
2. "CT" - One (1) parent in a Two (2) parent assistance unit shall be coded "CT";
3. "RA" - Adult claiming to be incapacitated;
4. "WA" - Adult claiming s/he is caring for an incapacitated immediate family member full-time in the individual's home and no other person is available to provide the needed care;
5. "YC" - Child, ages 16 & 17, not attending school; must also be coded N (not exempt) under the Exempt field in WORW.
6. "YF" - Adult or member of an assistance unit fleeing because of being battered or subjected to extreme cruelty because of domestic violence; or
7. "NT" - All other individuals including children.

E. Perform an initial determination of the education level of all POWER applicants and recipients, including a
child(ren):

1. Enter this information on the SSDO and UNIE screens; and
2. Update as appropriate.

F. Determine, in Fremont and Hot Springs counties, which recipients are enrolled Tribal members and enter the appropriate coding on the HERC screen.

719    Review of Exempt/Target Group Status (POWER)

A. Generate the A 010 EPICS notice at least two (2) weeks prior to any known change in status from exempt to mandatory.

B. At that time, also send the DWS Case Manager the DFS 563 Status Change Report indicating:

1. The date the Participant is to meet with you by;
2. The date the exemption status changes; and
3. Request a DWS appointment date and time for the Participant prior to the exemption status change.

C. When the Participant comes to meet with you, they shall:

1. Complete  a new DFS 500 IRCU; and
2. Sign a completed DFS 568 Initial IRP directing contact with the work program action center to occur within 14 days from the DFS 568 Initial IRP.

D. When the exemption status changes, the Participant shall meet with the Benefit Specialist and completed all of the above.

E. Review and update the exemption and target field codes on WORW and advise the DWS Case Manager of any changes such as, but not limited to:

1. Changes in employment and wage verification;
2. POWER eligibility status;
3. Beginning to comply after being in noncompliance;
4. School enrollment status of a POWER child or minor parent;
5. Case transfers; or
6. Address changes.

720    Good Cause for Failure to Comply (POWER)

A. The CM may accept a reasonable excuse for failure to comply from an applicant/recipient, providing the individual gives the excuse prior to the time when the compliance is expected.

B. The CM shall make a good cause determination if the applicant/recipient offers an explanation after the expected compliance and the request is made in writing within three (3) working days of receipt of the P003 Failure to Comply notice.

C. The CM shall notify the DFS-FO immediately when good cause has been granted and the reason.

D. Do not impose the noncompliance penalty when good cause has been granted.

E. Document (in the case record) the reason good cause was allowed.

721     Child Support Enforcement Referral (POWER)

A. Refer all appropriate applicants/recipients to the CSE, using the DFS 568 at application  or reapplication.

1. Do not refer the applicant/recipient when there are no child support issues involved;
2. Enter the “IF” (intact family – no CS issues) deprivation code on SPRD next to the child(ren) with no child support issues; and
3. Do not enter a non-custodial parent.

B. The applicant/recipient shall submit a paper or online DFS543/545/546 Child Support application to the Child Support Program within 14 days from the initial DFS 568.

C. The applicant/recipient shall be referred to CSE when the following takes place:

1. Opening a new case, including cases with the following:

a. A deceased parent(s);
b. A parent(s) whose parental rights have been terminated;
c. A pregnant woman with another eligible child(ren); or
d. An adoptive parent.

2. Reapplying for POWER;
3. Adding a child to an open case;
4. The intact family separates;
5. Paternity is excluded;
6. A minor parent applies for POWER and the non-custodial parent is a minor (child support forms shall also be completed against the non-custodial minor parent);
7. A minor parent applies for POWER and lives in a separate household from her/his parents.

a. Child support forms shall be completed against his/her own parents; or
b. Use the following guidelines if the minor is emancipated:

(1) If there is a court order stating child support shall be paid until the child reaches the age of 18 or 19, child support forms shall be completed until the emancipated minor reaches the stated age or the court order is amended;
(2) If there is a court order stating child support shall be paid until the child is emancipated, child support forms shall not be required; or
(3) If there is no court order, child support forms shall not be required.

8. The caretaker relative or non-custodial parent has a name change;
9. Opening a IV-E foster care case with the DFS-FO manager making the assignment;
10. The father is unknown.

a. Since cooperation with child support is a POWER performance requirement, the father(s) shall be named or the case is ineligible for POWER unless "unknown" is approved by CSE.

11. The applicant/recipient is married but claiming the husband is not the non-custodial parent, by completing a DFS 543 form on the husband and all other possible fathers.

D. Require all applicants to complete a paper or online DFS 543/545/546(s) Child Support application. Forward any paper DFS 543/545/546(s) to CSE if received.

E. The CSE shall notify the DFS-FO immediately, but not later than the 15th by 5 p.m., or the first working day after the 14th when the 14th is a holiday or on the weekend, when the applicant/recipient fails to comply with the child support Pay-After-Performance requirements.

F. See Section 1204 POWER Payment Process for specific payment procedures.

722     Child Support Requirements (POWER)

A. Child support services are available without application or fee for all POWER eligible families with a non-custodial parent or a child for whom paternity has not been established.

B. As a condition of eligibility, each nonexempt individual shall cooperate with the child support requirements.

C. Cooperation requirements:

1. 1. Inform the applicant /recipient, including a minor parent, about the child support rights and requirements to be met to receive a POWER performance payment as required by law;
   2. Require assignment to the state of any rights to applicable support payments, on his/her own behalf or on behalf of any other assistance unit member for whom the applicant/recipient is requesting a monthly POWER performance payment;
   3. Require signing of an IRCU at application and when the child support status changes for any assistance unit member(s)
   4. The mandatory assistance unit member(s) shall meet with CSE at application, when requested, and cooperate in:
      1. 1.  Complete the paper or online DFS543/545/546 Child Support application against all non-custodial parents, including the minor non-custodial parent’s parents, and any potentially eligible unborn child when part of an ongoing case (See F if client marks they would like to request good cause);
         2. Establishing the paternity of a child born out of wedlock and for all putative paternal relatives at the time of application;
         3. Obtaining child and medical support for the child(ren) and minor parent and spousal support for herself/himself; and
         4. Obtaining any other payments or property due to self or the child(ren).
   5. Allow the assistance unit to retain any support payments received from the non-custodial parent, minor parent’s parents or the minor non-custodial parent’s parents in the month of application but use the support in calculating the POWER payment; and
   6. Require the assistance unit to pay immediately to the DFS-FO any applicable support payments received from the non-custodial parent, minor parent’s parents or the minor non-custodial parent’s parents beginning with the 2nd month of authorization.

D. Failure to Comply

1. Failure to comply occurs when the applicant/recipient fails to:

a. Contact the CSE within the time frame established by the Benefit Specialist on the DFS568 Initial IRP;
b. Complete the required paper or online DFS543/545/546 Child Support application;
c. Keep the initial and all other scheduled appointments;
d. Follow through with any requests made by the CSE; and
e. Cooperate by contacting the CSE upon request.

2. Accept the applicant’s/recipient’s excuse for failing to comply if the applicant/recipient gives the excuse prior to the time compliance is expected;
3. Verify and document the facts when failure to comply has occurred; and
4. Good cause for failure to comply shall only be granted when the applicant/recipient encounters an emergency (involving herself/himself or an immediate family member) that reasonably precludes full  cooperation unless the criteria in 2 is met.

E. Rights of the Applicant/Recipient

1.Inform the applicant/recipient of the following rights:

2.To claim good cause to allow exclusion from cooperation:

• • a. Inform the applicant/recipient no POWER performance payment shall be authorized until the good cause claim is approved; orb. No POWER performance payment shall be authorized if the good cause claim is denied;

3. To request information as to the child support collection status;
4. To receive continued child support non-public assistance services with no application or fee following termination from POWER; or
5. To apply for child support non-public assistance services for a fee when POWER is denied.

F. Good cause exemption from child support compliance requires the applicant/recipient to read and complete the paper or online DFS543/545/546 Child Support application, assuring the applicant/recipient understands their rights and responsibilities, and check the appropriate statement(s) on each copy of the form when good cause is requested.

1. Allow the applicant/recipient the right to claim good cause requiring one (1) of the following circumstances are present:

a. Cooperation in establishing paternity or securing child support is reasonably anticipated to result in physical harm or emotional harm to the child(ren) or caretaker.
b. The applicant/recipient is fleeing because of being battered or subjected to extreme cruelty because of domestic violence (use the “YF” code in the Target field on WORW);
c. The child(ren) for whom support is sought, was conceived as a result of incest or rape;
d. Legal proceedings for the adoption of the child(ren) are pending before a court of competent jurisdiction; or
e. A public or private social agency is helping the applicant or recipient resolve the issue of whether to keep or relinquish the child(ren) for adoption.

2.  Forward received paper copies of the completed DFS543/545/546 Child Support application to the DFS-SO, POWER designee, with any evidence the recipient wishes to include using the email address:  dfs-power-csp-gc@wyo.gov.
3. The good cause claim process shall be completed within 30 days from the date good cause is requested, which includes the approval or denial by DFS-SO.
4. Authorize the POWER performance payment when the good cause claim is approved and enter "GC" in the COOP column on CSEA on EPICS next to the appropriate child(ren).
5. Acknowledge establishment of paternity or collection of child support shall not be attempted when the good cause claim is approved.

G. Denial of the Good Cause Claim

1. Process the POWER performance payment as specified in Section 1204 POWER Payment Process when the good cause claim is denied by DFS-SO and the application is not withdrawn.
2. If the family wishes to cooperate with child support after the denial of the Good Cause request, they shall meet with the Benefit Specialist within three (3) days to complete a new IRCU and cooperate with the child support requirements including completing a new paper or online DFS543/545/546 Child Support application form.

H. Re-evaluation of Approved Good Cause Claim

1. Require a re-evaluation of approved good cause claims:

a. Set an alert on PAAL as a reminder to review the POWER good cause every six (6) months during the periodic review; or
b. Set an alert on PAAL as a reminder to review the POWER good cause at the time specified by DFS-SO; and
c. DFS-SO shall notify the Benefit Specialist at least 30 days in advance of any re-evaluation which is due;
d. When requested by the DFS-SO, send and EPICS pend notice to the client requesting contact with CSE, giving the client 10 days to respond; and
e.  Await a decision from DFS-SO and follow the procedures in D when the claim is denied.

2. The applicant/recipient can request the case no longer be in the good cause status.

a. Have the caretaker relative, or a minor parent when part of a caretaker relative's assistance unit, complete a paper or online DFS543/545/546 Child Support application indicating s/he now wishes to cooperate and refer them to CSE using the DFS 568;
b. Change the "GC" code to "CO" on CSEA in EPICS;

c. Notify DFS-SO of the change; and
d. Issue a notice of action to the caretaker of the change.

I. Retained Child Support Process

Use the following process when the client has retained assigned child support payments.

1. Send the DFS 544 Notice of Retained Child Support form to the CSE and Integrity Unit; or
2. Accept the DFS 544 form when generated by CSE to report retained child support; and
3. Proceed with recovery when support is retained after the POWER performance payment was paid resulting in an overpayment.
4. Generate a notice of action to advise the recipient retaining child support is considered noncompliance and take the appropriate action for the corresponding POWER performance period and enter the "XC" code on the UNIN screen.
5. Allow the assistance unit to reapply but do not authorize a POWER Performance payment until the assistance unit has complied with the POWER Pay-After-Performance requirements for a full performance period and the child support has been turned in or collected by child support services.

800    Asset Limits

801      Countable Assets

A. Determine whose assets are countable to the assistance unit:

1. Consider available assets of all assistance unit members as countable to the other assistance unit members;
2. Consider the POWER, Tribal TANF and/or SSI recipient asset eligible and exempt the individual’s assets due to categorical eligibility (see Section 502); and
3. See Section 507 for treatment of assets of an excluded, sanctioned or disqualified individual.

B. Consider for assistance units living together in the same household the assets of:

1. A spouse are available to the spouse; and
2. A parent are available to a child through age 18, or up to age 19 if expected to graduate, except when the minor is emancipated;
3. See Section 507 for additional information on treatment of assets for excluded individuals.

802    Assets: Ownership/Available/Accessible

Consider the ownership of a nonexempt asset as available/accessible unless a legal barrier or restriction exists.

A. Assume ownership and availability when the document shows it is owned solely by the applicant/ recipient.

B. Assume all funds are available to the applicant/recipient when there is more than one (1) owner (i.e. bank account, CD) and the other owner(s) is not a client.

C. Consider the asset, or a portion of the asset, available when the applicant/recipient can withdraw funds, sell the asset or owned interest in the asset or dispose of the asset in any way.

D. The asset is available when 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 even when a statement of refusal to sell is furnished.

E. The asset is unavailable when the document (i.e. signature card) stipulates more than one (1) signature is needed to withdraw or convert all or part of the asset to available cash and the other owner(s) has refused to sign.

F. Policy relating to availability of an asset applies to assets within the state of Wyoming.

G. Jointly owned assets. Assets owned jointly by separate households shall be considered available in their entirety to each household, unless it can be demonstrated by the applicant household that such assets are inaccessible to that household.

1.  If the household can demonstrate that it has access to only a portion of the asset, the value of that portion of the asset shall be counted toward the household's asset level.
2. The asset shall be considered totally inaccessible to the household if the asset cannot practically be subdivided and the household's access to the value of the asset is dependent on the agreement of a joint owner who refuses to comply.
3. When the joint owned asset is a bank account we need to know the intended use of the funds in the account. Intended use of funds must be verified with joint account owner.
   1. When all funds in the joint bank account can be used by the SNAP household; all deposits from the joint owner are considered unearned income for the SNAP household.
   2. When none of the funds in the joint bank account are to be used by the SNAP Household; all of the funds from the joint owner are considered a asset to the SNAP household.
   3. When part but not all of the funds deposited by the joint owner can be used by the SNAP household;
      1. Any funds intended to be used by the household is count as unearned income for the household.
      2. Any funds not intended to be used by the household is counted as an asset to household.
   4. When the household only has access to a joint bank account incase of an emergency of the joint owner (not an emergency of the SNAP household); the funds are exempt as both income and asset to the SNAP household.

H. Consider assets unavailable to person(s) residing in a shelter for battered women or child(ren), if:

1. The asset is jointly owned by such person(s) and by members of their former household; and
2. Access to the asset by the shelter resident is dependent upon the agreement of the joint owner who continues to reside in the former household.

I. Exclude non-liquid assets against which a lien has been placed as a result of taking out a business loan and the assistance unit is prohibited by the security or lien agreement with the lien holder from selling the asset.

J. Consider an asset inaccessible if the applicant’s/recipient’s share would produce an estimated return of not more than $1,500. (This provision does not apply to financial instruments such as stocks, bonds and negotiable financial instruments.)

K. 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.

Note: Require verification of closure of assets such as bank accounts, credit union accounts, stocks, bonds, etc. only if they were closed within 30 days from date of application/recertification. If the client states they were closed more than 30 days before the date of application, verification shall not be requested.

803     Transfer of an Asset

Determine if a transfer of a nonexempt asset for less than FMV occurred in the look-back period prior to application or during receipt of benefits.

A. At the time of application, households shall be asked to provide information regarding any assets which any household member (or ineligible alien or disqualified person whose assets are being considered available to the household) had transferred within the three month period immediately preceding the date of application. Households which have transferred assets knowingly for the purpose of qualifying or attempting to qualify for SNAP shall be disqualified from participation in the program for up to one year from the date of the discovery of the transfer, see Section 804 Transfer Penalty. This disqualification period shall be applied if the assets are transferred knowingly in the three month period prior to application or if they are transferred knowingly after the household is determined eligible for benefits. An example of the latter would be assets which the house- hold acquires after being certified and which are then transferred to prevent the household from exceeding the maximum asset limit.

B. Exempt the following transfers:

1. Settlement of a legally enforceable debt:
2. Clearing title to property in which the client had no beneficial or enforceable interest;
3. Equity in property, which was owned jointly; and through a court action, the other owner was granted the equity in the property;
4. An asset sold, traded or transferred at FMV;
5. Transfer of an asset between members of the same assistance unit (the asset would be considered toward the appropriate asset limit);
6. An exempt asset (based on the status of the assets at the time of transfer);
7. Assets transferred to an approved special needs, pooled or income trust.

804      Transfer Penalty

A. Determine the penalty for transferring the nonexempt portion of an asset for POWER when the applicant/recipient cannot provide proof the transfer occurred for reasons other than gaining/maintaining eligibility.

B. Do not apply a penalty for SNAP unless it has been determined, by the client's statement, the transfer was made to gain/maintain eligibility, see 803 Transfer of an Asset.

1. Households which have knowingly transferred assets for the purpose of qualifying or attempting to qualify
for SNAP benefits shall be disqualified from participation in the program.

C. Determine the transferred uncompensated value and deduct the amount of the lien(s), the unpaid principal of
the mortgage or loan existing against the asset and any compensation received to arrive at the uncompensated
equity value.

D. Document the date the transfer occurred, the calculation used to determine the uncompensated equity amount
and when the penalty period begins and ends.

805     Sale of an Asset

A. Installment payments resulting from the sale of an asset, minus costs of doing business, shall be considered unearned income.

B. Installment contracts for the sale of land, buildings or vehicles, if the contract or agreement is producing income consistent with its fair market value, shall be considered an excluded asset.

1. The exclusion shall also apply to the value of the property sold under the installment contract, or held as security in exchange for a purchase price consistent with the fair market value of that property.

C. See Section 1205 Lump Sums for a one-time payment.

806     Treatment of Assets (Asset Table)

Use the following asset table to determine how an asset is to be treated when determining eligibility.

A. See Section 1000 for further information concerning exempt assets under Public Laws.
B. See Section 507 for treatment of assets of excluded individuals for SNAP and POWER.
C. See Section 606 for treatment of assets for a sponsored alien.
D. The EPICS asset screens will capture the following:

1. LIRE - Liquid assets which are readily available and easily converted to cash (i.e. checking, savings, C.D.s).
2. OTAS - Other assets which are available but are not easily converted to cash, (i.e. a home, contracts, land, real property, life insurance, camper).
3. VEHI - Vehicles (i.e. automobile, motorcycle).

807 - EPICS Asset Codes

Enter the asset codes for SNAP and POWER in EPICS on the screen indicated in the following table:

808 Substantial Lottery or Gambling Winnings

1. Households are required to report substantial lottery or gambling winnings within 10 days of the end of the month in which the household received the winnings.
   1. Substantial winnings is defined as a cash prize equal to or greater than the maximum allowable financial asset limit for elderly or disabled households. (See Policy 800 - Asset Limits)
   2. Receipt of substantial winnings is a separate reporting requirement from a change in income or assets.
   3. The SNAP recipient shall report the total gross substantial winnings. If multiple individuals shared in the purchase of a ticket, hand, or similar bet, then only the portion of the winnings allocated to the member of the SNAP household will be counted toward eligibility determination.
   4. Bingo winnings are considered gambling winnings.
   5. Verification of winnings are necessary in order to being case closure procedures.
   6. This is not an unclear change (see 1501 (D)(1)(a) for Simplified Reporting requirements)
2. Households with substantial lottery or gambling winnings immediately lose eligibility for SNAP benefits; still allowing 10 days for notice of adverse action.
   1. Close the SNAP case for the entire household based on verification of receipt of the winnings.
      1. Use the closure code 'GL'; and
      2. Send the F409 Notice.
3. A SNAP household with substantial winnings remains ineligible until they meet statutory income and asset standards.
   1. The household may re-apply at any time for SNAP benefits.
   2. the next time a household reapplies and is certified for SNAP after losing eligibility under the substantial lottery or gambling rule, are not considered categorically eligible. If eligible, the household would need to be certified under the regular SNAP rules.
      1. this requirement is not permanent; it applies only to the first time a household is certified following the loss of eligibility for substantial lottery and gambling winnings.
4. If the winnings happen in the month prior to application or recertification, the household is subject to the asset limit at time of interview. 

Example 1: Jon, household of 5, wins $5,000.00 from a State scratch-off lottery ticket on January 5, 2020. Jon spends $3,000.00 after 7 days and now has $2,000.00 remaining from his winnings. Jon must report his total winnings of $5,000.00 to his worker by February 10, 2020. The worker then must verify and close Jon's SNAP case for his entire household for March 2020, allowing the 10 days for notice of adverse action.

The household may choose to reapply for SNAP at any time and the worker would determine the household's eligibility under regular SNAP income and asset limit.

Jon's household could apply on February 23, 2020 and if his household meets the regular SNAP income and asset limit the household would have no lapse in benefits.

Example 2: Jane, household of 1, wins $4,000.00 gambling at a casino on February 14, 2020. Jane spends all her winnings buying a new vehicle on February 17, 2020. Jane is also on an SSI recipient. Jane must report her total winnings of $4,000.00 to her worker by March 10, 2020. Then the worker must verify and close Jane's case for April 2020, allowing 10 days for notice of adverse action. Jane can reapply any time and the worker would determine the household's eligibility under regular SNAP income and asset limits.

This means the worker does have to verify Jane's assets and income for Jane's first application after the closure for substantial lottery or gambling winnings.

Example 3: Jake, household of 4, wins $10,000.00 from the lottery on March 6, 2020. Jake leaves the household on March 17, 2020. The household is still required to report the $10,000.00 winnings by April 10, 2020. The worker must verify and close the case for the whole household even though Jake left the household. The case would be closed for May 2020 allowing the 10 days for notice of adverse action. The remaining household members can reapply for SNAP at any time. This is the case if Jake is the PI or not for the household.

Example 4: Joseph, household of 2 wins $7,500.00 form the lottery on May 7th, 2024. He provides a new application for benefits on June 10th. Joseph must be under the asset limit in order to qualify for SNAP at this time.

Click here for Q&A for Final Rule Implementation Memo for Lottery & Gambling Provisions 11012019

1.  For POWER lottery and gambling winnings are considered a lump sum. See Policy 1205 - Lump Sums.

901       Countable/Available Income

A. Determine the total income available, each source of income and whether the income is earned, unearned, exempt or nonexempt.

B. Consider income available the date it was posted (i.e. the date on the check or date posted on the interface).

C. Prorate or average income from self-employment, employment on a contractual basis, or income received
intermittently on a quarterly, semi-annual or yearly basis over the period covered by the income unless not
indicative of future months. (see Section 903)

D. Consider income as an asset when still available on the first of the month following the month received.

E. Consider the garnishment of income as voluntarily assigned to pay a debt and as countable income.

F. See Section 606 for treatment of income of a sponsor of an immigrant

G. Consider contributions by non-assistance unit members based on the contributors written statement. The only exception to this
would be panhandling, where you would take the client statement on what the client thinks they are going to continue to make panhandling.

H. Use the following in determining income available to the assistance unit.

1. Income anticipated during the certification period shall be counted only in the month it is expected to be received, unless the income is averaged.

Example: A household usually gets paid once per month. However, in the month of January, the household receives two pay checks, one for the previous month and one for the current month, due to a holiday. The additional payment should be counted for the month it was expected to be received (December) and not when it was actually received (January). Likewise, if a payment is received early, such as if two payments are received in May for the months of May and June, then the additional payment should be counted for the month it was expected to be received (June), and not when it was actually received (May).

2. See Section 507 for treatment of all nonexempt income of disqualified, sanctioned or excluded
assistance unit members.

3. Use the prior income from POWER or Tribal TANF when the income/benefit is being
reduced/lost due to an IPV decision or failure to meet a program requirement (see Section 1101);

4. Use the net income from all other programs (i.e. SSDS, VA, UIB, Worker’s Comp, etc.) when the
income/benefit is being reduced/lost to repay an overpayment with the same agency; or

5. Use the gross income from all other programs (i.e. SSDS, VA, UIB, Workers’ Comp, etc.) when the
income/benefit is being reduced/lost to repay an overpayment from another agency.

6. Consider for family groups living together in the same household the income of:

a. A spouse is available to the other spouse;

b. A parent is available to a dependent child through age 18, or up to age 19 if expected to graduate,
except when the minor is emancipated;
c. A parent is available to a minor parent to age 18 and to the grandchild;

d. A stepparent is deemed to the assistance unit;

e. A caretaker relative when included in the POWER performance payment; and/or

f. A sponsor of an immigrant and the sponsor's spouse is 100% available to the immigrant unless the requirements in Section 606 are met.

7. See Section 507 for treatment of income for excluded or disqualified individuals.

8. Exempt the income of an ineligible immigrant sibling in determining the need of an otherwise eligible
dependent.

I. Require POWER applicants/recipients to apply for and accept income for which they would be eligible if they applied, (i.e. SSI, RSDI, Unemployment Insurance, Workers' Compensation, veteran or disability benefits, child support, annuities, pensions, retirement), or POWER will be denied or terminated due to noncooperation.

1. 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.

J. Use the following chart to determine the type of income and how it is used in the calculation of the benefit. (See Section 1000 for information concerning exempt income under Public Laws.)

1. Enter unearned income on the Unearned Income screen;

2. Enter earned income on the Earned Income screen;

3. Enter self-employment on the Self-employment Income screen.

Example #1: Client claims mineral rights income. Verification shows the mineral rights income is considered royalty income (aka royalties). Client earns $200/month in royalty income, $10 per month is taken out for taxes attached to the mineral rights (such as a severance tax). The worker should allow either the actual amount or a 25% deduction, whichever is greater.

*The deduction would not be allowable if the tax deducted is based on the income received (such as federal withholding).

Example #2: An SSI client paying a payee fee to a qualified organization. Client receives $794.00/month. The Wyoming  Guardianship Corporation charges the client client $45.00/month to act as the client's payee. The worker would deduct the monthly guardianship fee from the client's monthly income to determine the client's countable SSI income. 794.00 (total SSI the client receives) - 45.00 (the fee) = $749.00. The client's total countable income is $749.00. 

902      EPICS/JAS Income Codes (No legal cite)

A. Enter the income codes for SNAP and POWER on the EPICS screen indicated in the following table:

903   Treatment of Self-Employment Income

Generally, a person is self-employed if the following applies to them:

• They carry on a trade or business as a sole proprietor or an independent contractor.
• They are a member of a partnership that carries on a trade or business.
• They are otherwise in business for themselves (including part-time business).Some of the common self employment structures are:

Sole Proprietorship: A self-employment business that is not incorporated and has one owner. The business income and liabilities are the responsibility of a single owner.

Partnership: A self-employment business set up with two or more partners. In addition to personal income tax forms, partnerships are also required to file 1065 and K-1 forms. The business income and liabilities are the responsibility of all the partners with the partnership defining shares of ownership and responsibility. Partnership income is determined in the same way as other self-employment.

Independent Contractor: An individual who pays their own employment taxes and does not have an employee/employer relationship is considered self-employed.

Sharecropper: If the sharecropper pays the costs of doing business and receives a portion of the net income in exchange for labor, the sharecropper is considered self-employed. The sharecropper is not considered self-employed if the sharecropper is not responsible for paying the costs of doing business.

Corporations (including LLCs and S-Corps): Can be considered self-employment enterprises; however, the income individuals receive is not considered self-employment income. Any wages received by an individual from the corporation are countable earned income (not self-employment) when received. Resources of corporations are not counted as a resource of an individual household. Bank accounts which a corporation owns must be in the corporation's name.

Additional information for Corporations: As income from a Corporation is considered earned income it will be coded on EAIN in EPICS. Also as income from Corporations is earned income, no deductions are given for business expenses.

If a client says they do not pay themselves a regular salary we need to see if they are taking draws out of the business account. If they client is drawing money out of the business account we would then create a best estimate of income from these draws.

Click the following link to verify corporations listed as LLC: https://wyobiz.wyo.gov/Business/FilingSearch.aspx

Verification
The self-employed individual's most recent tax forms and schedules are normally good sources of verification for self-employment income and expenses. However, other sources may be used. Please note that the IRS net income from self-employment cannot be used because the IRS computes income differently and allows different expenses such as depreciation on a yearly basis. Only certain information from the tax forms and schedules may be used for verification purposes. It is imperative to obtain the entire tax return and schedules in order determine which expenses are allowable for SNAP and POWER vs the ones the IRS allowed.

Other sources of verification may include, but are not limited to, ledgers, charge account statements, sales slips, canceled checks, invoices, purchase orders and cash receipts. In documenting this verification, the eligibility worker shall record the date, identify the other party or company, describe the expense or income, and record the amount, taxes and discounts, if any.

If the above sources of verification are not available, the DFS108b Self Employment Verification Form shall be used as verification.

A. Allow the following deductions as business expenses from self-employment income:

1. Rent and utilities (see B10);
2. Storage and warehousing charges;
3. Upkeep of premises/machinery repairs;
4. Wages and salaries paid to employees other than the individual herself/himself or other assistance unit
members;
5. Feed, stock, raw material, seed, plants and fertilizer;
6. Transportation costs required to perform the service or deliver the goods should be calculated by using the current “state” rate;
7. Taxes and insurance premiums paid on income-producing property;
8. Privilege taxes such as licensing fees and gross receipts and general excise taxes;
9. Rental payments on income-producing equipment;
10. Cost of merchandise and supplies; or
11. Out-of-pocket expenses of meals, toys and materials for child care providers:

a. Consider the USDA food reimbursement exempt for SNAP unless the provider states the payment was for more than the cost of doing business;
b. Document how the income was considered.

12. Other expenses connected solely with the function of the business.

13. The interest portion of payments on business or operating loans.
14. Payments on the principal and interest of the purchase price of income-producing real estate and capital assets such as equipment, machinery and other durable goods.

15. Use a 25% business expense deduction from the assistance unit’s gross self-employment income, excluding farm losses:

a. When at least one expense, relevant to the self-employment business, has been verified;
b. The expense does not have to be equal to 25% of the self-employment gross income.

16. Use actual business expenses as listed in 1 – 14 when a receipt of the expense or a tax return exists and is greater than 25%. Use whichever is  most beneficial to the client, 25% or actuals.
17. Do not allow any business expense deductions when the client states they do not have any business expenses.

B. Do not allow the following as business expenses:

1. Expenses and net losses from previous periods;
2. Federal, state and local income taxes;
3. Money set aside for retirement purposes;
4. Other work-related personal expenses such as transportation to and from work;
5. Entertainment expenses;
6. Repayment on the principal of a bank loan;
7. Depreciation;
8. Penalties and fines;
9. Charitable contributions.
10. Rent and utilities (including phone) when the business is run in the home except in room and board situations.

C. Allow costs when they are billed or otherwise become due but not overdue.
D. Annualize self-employment income when:

1. Received over a short period of time, meant to support the assistance unit for one (1) year and is indicative of the future;
2. Received on a monthly basis but represents the annual income and is reflective of the assistance unit’s circumstances;
3. Received from an enterprise in business for less than one (1) year but long enough for sufficient information to be available to average income and the average is indicative of future months.

E. Average self-employment income when:

1. Intended to meet the needs of the assistance unit for only a portion of the year and is indicative of the future;
2. Received from an enterprise not in existence long enough to provide sufficient information for annualizing and is indicative of future circumstances;
3. Substantial increases or decreases exist.

F. Use the total capital gains as income as calculated on the federal tax forms.
G. Determine the net profit of the business by:

1. Adding all gross self-employment income;
2. Adding any capital gains;
3. Subtracting allowable costs of producing the income (aka deductions);
4. Dividing the result by the number of months the income is to cover.

H. Allow farm losses to be offset against other countable income when the costs of producing the farm income exceeds the gross farm income:

1. Require the farmer to receive or anticipate receiving annual gross proceeds of $1,000 or more from the farming enterprise;
2. Follow the steps in G. to compute the monthly net income;
3. Use actual expenses;
4. Offset in the following order when there is a monthly net farm loss:

a. Against the total amount of other monthly net self-employment income;
b. Any remaining farm loss against other earned income (after the earned income deduction only) and unearned monthly income if other monthly net self-employment income is not enough to cover the farm loss.
c. Certify the assistance unit based on zero net income when a net farm loss exists after applying a. and b.

5. Do not carry forward the monthly excess farm loss to subsequent months.

I. Use the following Table to determine treatment of self-employment income:

904 Determining the Best Estimate

Click here to see 904 prior to 01/20/2017.

Determine eligibility prospectively for the certification period using the best estimate of income anticipated to be received during the benefit month.

Reminders/Helpful Hints:

• Income received during the past 30 days will be used as an indicator of income that is and will be available to the household during the certification period.
  • If a past 30-day history is unavailable or not reflective of what is anticipated to be received, a longer period of time may be used, such as 60 days. Only use income verification that provides an accurate indication of anticipated income.
  • If income fluctuates to the extent that a 30-day period alone is not reflective of what can be anticipated during the certification period, use a longer period of past time if it will provide a more accurate indication of anticipated fluctuations in future income.
  • The case narrative needs to document the rationale for arriving at a best estimate.
• It is advisable to obtain wage stubs or wage history whenever possible.
• During the interview, the type of verification the client wishes to provide should be discussed and that is what should be requested. Example, client doesn't have wage stubs, an Employer's Statement should be requested; dates for the appropriate timeframes should be completed on page two in order for the employer to verify the past wages.
• For both earned and unearned income use the date posted when calculating Best Estimate.  Use the date on the check or date shown on the interface. Do not add any days for mailing.  

A. Best Estimate For Cases With An Income History

1. Review the income documents and information obtained. Ask the appropriate questions during the interview to determine what income is best reflective of future circumstances.
2. Base the best estimate for earned income (i.e. wages) upon the verified income when it is reflective and no changes are expected. To anticipate income for the benefit month(s).

a. Add verified gross income from each pay period;
b. Divide the total by the number of pay periods considered; and
c. Multiply gross income by:

• • • 4.3 for weekly amounts
    • 2.15 for bi-weekly amounts
    • 2 for semi-monthly amounts
    • 1 for monthly amounts.

3. Document in the case record the type of verification and the rationale actually used in the determination of the best estimate. Also, document clearly the rationale of any income verification received and not used in the best estimate.

Example 1:

• Application received for re-certification
• An individual works 40 hours per week and the regularly scheduled pay dates are on a weekly basis.
• The individual receives pay on the 1st and 2nd pay dates of the month earning $320.00 at $8.00 per hour for each pay date.
• The individual receives an hourly rate increase to $8.25 per hour and is reflected on the 3rd and 4th paychecks:
• Best estimate is calculated using wages from the 3rd and 4th paychecks as they are the only wages reflective of future income. The case narrative includes an explanation on why the 1st & 2nd paychecks were not included.
  • $330 x 4.3 = $1419

Example 2:

• Using the same information from Example 1 for an initial application
• Best Estimate for Month of Application
  

  Check 1	$320
  Check 2	$320
  Check 3	$330
  Check 4	$330
  Total	$1300
  Average (by 4 checks)	$325
  Convert (by 4.3)	$1397.50

• Best Estimate for Ongoing Months
• $330 x 4.3 = $1419

4. Calculate income for the certification period using income that is best reflective of future circumstances, average and convert.

Example 3:

• An individual's regularly scheduled pay dates are on a bi-weekly basis.
• The individual reports he/she typically works an average of 75-80 hours per pay period.
• The individual received a check on the 1st of the month for 77 hours at $9.00 per hour for a total of $693.
• The individual provided wage stubs from the prior month which reflected 76 hours at $9.00 per hour for a total of $684 and 79 hours at $9.00 per hour for a total of $711.
• Best estimate:

5. If the amount of income that will be received, or when it will be received, is uncertain, that portion of the household’s income that is uncertain shall not be counted; and document clearly in the case record to explain why all checks were not counted; or

6. Anticipate income for the benefit month in which it is available.

7. Use the income of a minor parent if they are the head of the assistant unit and the income of her/his child(ren). For example, child support, social security benefits, etc.

8. Review the best estimate each time a change in circumstances is reported or becomes known and at the time of a periodic review/recertification.

9. Use the following as the basis for estimating gross countable earned income for the benefit month(s):

a. Verify previous income by pay stubs or an employer’s statement and document the case record indicating how the best estimate was calculated when a change in circumstances is not expected. (Both earned and unearned income must be included in the estimate.)

b. An employer’s statement or other verification should be used as the basis for the best estimate when an applicant/recipient does not have a 30 day history or the history is not reflective of the future. (Both earned and unearned income must be included in the estimate.)

c. Estimate tips, commissions, bonuses, overtime, differential pay and holiday pay, when the employment is of such a nature one or more of these are likely.

d. Use the midpoint (i.e. 25 to 30 hours = 27.50 hours) when the hourly schedule is fluctuating unless the schedule is not reflective of future circumstances.

e. Use income and business expenses (see Section 903) that fairly represent the prospective benefit month(s) for a self-employed applicant or recipient whose income is irregular.

f. Annualize or average income from self-employment.

g. Allow SNAP assistance units to elect, in writing, to have the income averaged over the certification period when income can be reasonably anticipated but the monthly amount may fluctuate.

h. Count monthly or semi-monthly income as follows when a problem with the payroll (i.e. mail or computer problems) causes additional checks in one month. Discuss with the client which check(s) should be used and document why other the other check(s) was excluded:

1 If payment is regularly received semi-monthly but a problem causes three checks to be received in one month, count only two checks;
2  If payment is regularly received monthly but a problem causes two checks to be received one month, count only one check.

i. The method(s) used to anticipate gross countable income during the benefit month will vary according to the circumstances in each case.

1 Come to an agreement with the client when deciding the best approach to determine the best estimate.
2 Document clearly and thoroughly in the case record the method used and the rationale for the best estimate.

B. Best Estimate of Income from a Terminated Source

1. Calculate income in the benefit month as follows when the income is from a terminated source. Income is not considered to be from a terminated source until (1) a paycheck is not received for each scheduled pay period in any given month; or (2) verification of employment ending and final wages paid are received.

a. Use the actual income received, do not average the total or convert the income.

Example 4:

• An individual’s regularly scheduled pay dates are on a weekly basis.
• The individual receives a final paycheck on the 1st pay date of the month (did not receive a paycheck for each scheduled pay period) in the gross amount of $700.00.
• The actual amount of income for the benefit month is $700.00.

Example 5:

• An individual’s regularly scheduled pay dates are biweekly.
• The individual receives a paycheck on the 1st pay date of the month in the gross amount of $700.00 and a paycheck on the last pay date of the month in the gross amount of $235.00.
• The individual provides verification from his/her employer that employment is terminated and no further wages will be paid.
• Best Estimate: $700 + $235 = $935.00

b. Vacation/sick pay paid with regular wages count as earned income. Vacation/sick pay paid later or separate and not part of wages count as unearned income (see CM 901 and 902 for EPICS coding).

Example 6:

• An individual’s regularly scheduled pay dates are biweekly.
• The individual receives a paycheck on the 1st pay date of the month in the gross amount of $700.00 and a paycheck on the last pay date of the month in the gross amount of $235.00 for hours worked and $150.00 for accumulated vacation time.
• The individual provides verification from his/her employer that employment is terminated and no further wages will be paid.
• Best Estimate: $700 + $235+150.00=$1,085.00 (all earned income)

Example 7:

• An individual’s regularly scheduled pay dates are biweekly.
• The individual receives a paycheck on the 1st pay date of the month in the gross amount of $700.00 and a paycheck on the last pay date of the month in the gross amount of $235.00 for house worked. Then receives on additional check separate from his regular paychecks for $150.00 for accumulated vacation time.
• The individual provides verification from his/her employer that employment is terminated and no further wages will be paid.
• Best Estimate: $700 + $235 = $935.00 (earned income) and $150.00 (unearned income). 

c. Zero income should be used for remaining months of the certification period unless otherwise reported.

C. Best Estimate For Cases Anticipating a Change(s) or With No Income History

1. Obtain an employer’s statement when the income history is not representative of current or future benefit months or is not available, (i.e. beginning a new job, increase/decrease in hours worked or rate of pay).

2. Use the client's and your own reasonable expectations of future circumstances to arrive at a best estimate;

3. Document the type of verification and the computation of the amount of anticipated income in the case record.

D. Changes Reported After the Interview in the Initial Month, But Before the Notice of Eligibility

If a household voluntarily reports a change in income, (i.e. beginning a new job) before the case has been authorized in the initial month, it is required of the worker to determine if the reported change affects eligibility.

1. The household must be given 10 days to provide the income verification;

2. If the 10 day verification time frame expires within the 30 day application time frame and the verification is provided timely, benefits would be paid back to the date of the application;

3. If the 10 day verification time frame will cause the application to go past the 30 day application time frame and the client returns the verification within the 10 day time frame, benefits would be paid back to the application date;

4. If the household does not provide the verification within 10 days from the request for verification and the 30 day processing time frame has expired, the delay in processing would be the fault of the household and the household would lose its entitlement to benefits for the month of application; or

5. If the income verification is received at any time in the second 30 days, the second month’s benefits would be prorated from the date the household provided the verification. A new application is not required as long as the verification is received between the 30th and 60th day of the date of application.

Child Support Income: When determining child support income, it is important to review all information available in order to determine an estimate of the amount that will be received in the future.

Examples for Establishing a Best Estimate:

Example 8:

Scenario - Employer, TrailSide Diner, states Dodie Goodie is beginning employment on 2/1. She will be working 30-40 hours per week (fluctuating) and will be paid $4 per hour. The employees are paid on a bi-weekly basis. Since Dodie is a waitress, the employer states she will be making about $50 per week in tips.

Best Estimate:

• Use the midpoint (35 hours in this case) when the hourly schedule is fluctuating.
• Multiply 35 hours by the hourly rate of $4 for a weekly total of $140.
• Multiply the weekly total of $140 by 4.3 weeks to convert the income to a monthly total of $602.
• Multiply the expected tips of $50 per week by 4.3 weeks to convert the income to a monthly total of $215.
• Add the monthly wages of $602 and the tips of $215 for a best estimate of $817 per month.

Example 9:

Scenario - Employer, Bette’s Dairy Farm, states Dave Donut is beginning employment on 3/1. He will be paid $800 on the 1st of each month and $800 on the 15th of each month. This is a stable source of semi-monthly income with no fluctuation.

Best Estimate:

• Multiply $800 by two for a monthly best estimate of $1600.

Example 10:

Scenario - Employer, Shacks Radio Store, states Hamm Michaels will begin working for them on 5/1. He will earn a stable income of $150 per week and will be paid every other Friday (bi-weekly).

Best Estimate:

• Multiply $150 by 4.3 for a monthly total of $645

Example 11:

Scenario - An ongoing client reports she recently received a reduction in hours at her employment. The reduction is effective on the 15th as she is paid semi-monthly. The employer’s statement indicates her hours have changed from 20-25 per week to 15-20 per week. Her hourly rate is $4.25. Due to the reduction, she has applied for unemployment benefits. Her award letter states she will receive $50 per week.

Best Estimate:

• Hours: Use the midpoint number of weekly hours of 17.5 and multiply this by 4.3 (2.15 weeks per each pay period) 75.25 hours/month.
• Wages: Multiply the monthly total of 75.25 hours by $4.25 per hour for a total of $319.81.
• UIB: Multiply the average weekly unemployment benefits by 4.3 for an average monthly total of $215.00.

Example 12:

Scenario - An application is received on July 17th. The applicant provides wage stubs for verification of income and has worked at the same job for some time and does not expect any changes. The wages are as follows:

Best Estimate:

Example 13:
Application date March 17. Client has an ongoing job and is paid bi-weekly. Client states the three wage stubs provided are reflective of what he expects to earn in the future.

Best Estimate:

905    Benefit Levels

A. Use the SNAP Income, Allotments and Deductions Table I to determine the appropriate SNAP maximum benefit level.

• SNAP Income Allotments and Deductions October 1, 2018 - September 30, 2019
• SNAP Income Allotments and Deductions October 1, 2017 – September 30, 2018

B. Determine whether the assistance unit is eligible for the shelter disqualified (supplied) benefit or the shelter qualified benefit. Put the appropriate shelter code next to "Shelter Supplied?" on the Dependent/Medical/Household Expenses (DEMH) screen in EPICS to calculate the correct benefit amount.

1. The shelter disqualified benefit level from Table II is appropriate when:

a. The assistance unit has no obligation to pay any portion of the shelter costs and/or the costs are completely furnished as a contribution. Use the shelter code "Y";
b. The assistance unit is living in a government housing subsidy. Use the shelter code "R";
c. The assistance unit is a minor parent and the dependent child(ren) living in the household of a parent(s), in a supervised setting with an adult relative, or court appointed guardian or custodian. Use the shelter code "M"; or
d. The assistance unit that excludes an individual due to receiving SSI (CM 507 C and coded SS in SEPA) use shelter code "S". (see glossary for definition Receiving Social Security Benefits)

2. The shelter qualified benefit level from Table II is appropriate when the assistance unit does not meet the criteria for the shelter disqualified benefit level above and is responsible for paying all or a portion of the shelter costs. Use the shelter code "N".

3. Use the shelter qualified benefit level and the in-kind income when shelter is provided as earnings. Use the shelter code "N".

• Table II: POWER Income July 1, 2019 - June 30, 2020
• Table II: POWER INCOME GUIDELINES JULY 1, 2018-JUNE 30, 2019

906   Income Disregards/Deductions

A. Net earned income is calculated by combining regular earned and nonexempt self-employment income as follows:

1. EPICS automatically deducts 20% of:

a. Nonexempt gross earned income of the assistance unit; and
b. Nonexempt self-employment income (see Section 903).

B. Apply the following earned income disregards when determining the benefit level for the POWER program:

1. Disregard a flat amount of $600 from the gross earned income of a stepparent, each eligible working applicant or recipient in a two (2) parent assistance unit, single parent assistance unit or caretaker relative included in the performance payment;

2. Disregard a flat amount of $1200 from the gross earned income of an eligible married couple applying for or receiving POWER with a child in common regardless of the number of employed individuals; and

3. Disallow any earned income disregards when establishing an overpayment due to a client error or IPV relating to earned income and the overpayment occurred prior to 8/1/97.

907    Allowable Expenses/Deductions for SNAP

*See Appendix 1 for instructions on determining shelter expenses for disabled residents of group homes who pay room and board.

A. The standard SNAP deduction is based on Table I.

B. Advise the assistance unit the eligibility level will be determined without deducting unverified expenses and without the appropriate utility standard when verifications are not provided within the requested time frame.

C. Increase the benefit level, when appropriate, by the first allotment after the verification of any expenses(s) is provided.

D. Restore any disallowed benefits when the expenses could not be verified in time due to delays caused by DFS.

E. Calculate expenses of the assistance unit based on the expenses the assistance unit will be billed for during the certification period:

1. Base the anticipation, except utility, on the following:

a. The most recent month's bill(s) unless the assistance unit is reasonably certain a change will occur; or
b. A rental verification form showing the amount of rent, what the heating and/or cooling utility is and who is responsible to pay the expense.

2. Allow expenses only in the month the expense is billed or is otherwise due regardless of when the assistance unit intends to pay the bill.

3. Disallow amounts carried forward from past billing periods even if:

a. Included with the most recent billings; and
b. Actually paid by the assistance unit.

4. Allow all assistance units to elect to have fluctuating expenses averaged, excluding utility.

5. Allow assistance units who have expenses billed less often than monthly to average the expense over the period it is intended to cover.

6. Allow one-time expenses to be averaged over the entire certification period, or as a one-time deduction at the option of the assistance unit.

7. Convert expenses to a monthly amount whenever a full month's expense is anticipated but is billed on a weekly, biweekly or semimonthly basis as follows:

a. Weekly - Multiply by 4.3;
b. Bi-weekly - Multiply by 2.15; or
c. Semi-monthly - Multiply by 2.

F. Disallow an expense covered by an exempt reimbursement or vendor payment except LIEAP.

G. See Section 507 for deductions for excluded, disqualified or sanctioned individuals.

H. Document why a deduction was not used when the assistance unit is entitled to a deduction.

a. If the assistance unit reports on the application they have an expense and report during the interview they do not want to claim the deduction, the worker needs to pend the case and allow the 10 day pend period to lapse prior to taking action on the case.
b. If the assistance unit does not want to wait for the pend period to lapse, the worker should explain the assistance unit needs to complete and provide a written statement wishing not to claim the deduction.
c. If the assistant unit marked on the application they have the expense and do not want to claim the deduction, no further action is necessary.
d. If the assistance unit left the expense section of the application blank, the worker should narrate the interview thoroughly and apply subsection (a) and (b) of this section if the assistance unit reports any expense and is entitled to the deduction.

I. Allow monthly shelter costs as follows:

1. EPICS allows an excess shelter deduction for the projected monthly shelter cost that exceeds 50% of the assistance unit's monthly income after all other applicable deductions when there is an elderly or disabled assistance unit member.

2. Limit the maximum excess shelter deduction as provided in Table I for non-elderly/non-disabled assistance units.

3. Include the following when calculating the shelter deduction:

a. Rent or mortgage (including second mortgages), excluding deposits;
b. Other continuing charges leading to the ownership of a shelter such as repayments for a trailer or mobile home;
c. Interest on loans or mortgage payments;
d. Property taxes, state and local assessments, mortgage insurance, and insurance on the structure itself:

(1) Exclude insurance for furniture and personal belongings if these costs can be separated (i.e. renter’s insurance);
(2) Prorate the property taxes and homeowner’s insurance over the period it is intended to cover; and
(3) Exclude life insurance.

e. Shelter costs for the home if temporarily not occupied by the assistance unit because of employment or training away from home, illness or abandonment caused by a natural disaster or casualty when:

(1) The assistance unit intends to return;
(2) The current occupants of the home, if any, are not claiming the shelter’s costs; and
(3) The home is not leased or rented during the absence of the assistance unit.

f. Charges for the repair of the home that was substantially damaged or destroyed due to a natural disaster (i.e. fire or flood) unless reimbursed from another source;

g. Condominium and Home Owner Association fees;

h. Service fees (not a late charge fee); and

i. Mortgage insurance.

J. The Standard Utility Allowance (SUA) expense must be entered next to an eligible assistance unit member to not have the SUA pro-rated.

K. When it has been determined that an ineligible assistance unit member is billed and pays a shelter expense, other than the SUA, the expense must be pro-rated.

1. The expense must be entered next to the ineligible assistance unit member for the expense to be pro- rated.

L. When it has been determined that an eligible assistance unit member is billed and pays a shelter expense, the expense must not be pro-rated.

1. The expense must be entered next to the eligible assistance unit member for the expense to not be pro- rated.

M. Allow the SUA, Utility Only Allowance (UOA), Telephone Only Allowance (TOA), actual cost for one (1) utility expense, or Homeless Shelter Deduction per the SNAP Utility Deductions Chart below.

** Click here for additional information on pass-through expenses and purchasing and preparing food separately.

SNAP Utility Deductions Chart
Each Assistance Unit (AU) is allowed only one (1) of the following utility standard/deductions:

Examples of Appropriate Utility Standards

* Benefit Specialist enters $00 and the eligibility computer system automatically uses the correct standard.

Medical Deductions: Click here for the Medical Handbook

N. Allow a medical deduction on current, not past due, medical expenses as follows:

1. Deduct the portion of non-reimbursable medical expenses (not to include the costs of special diets), that are in excess of $35 per month, for an assistance unit member who is:

a. Elderly; or
b. Disabled. (See Glossary)

2. Assistance units entitled to a medical deduction shall have the non-reimbursable portion considered at the time the reimbursement is received or verified.

3. Allow a deduction for medical expense based on a best estimate at the time of certification or re-certification as follows:

a. Use a history of expenses paid to determine average monthly medical expenses providing the history is reflective of future expenses;
b. Use expenses reasonably expected to occur during the certification period if no history exists or the history is not reflective of the future;
c. Allow expenses reasonably expected to occur during the certification period based upon available information about the recipient’s medical condition; or
d. Allow one-time medical expenses to be averaged over the remainder of the certification period or a one-time deduction at the option of the assistance unit.
e. Assure the applicant/recipient understands the deduction will not change during the certification period unless a change is reported and verification of the change is provided; and
f. Document your best estimate rationale in the case record.

Allowable Medical Expenses

4. Allow the following medical costs when non-reimbursable:

a. Medical and dental care including psychotherapy and rehabilitation services provided by a licensed practitioner authorized by state law;
b. Hospitalization or out-patient treatment, nursing care and home nursing care to include payments by the assistance unit for an individual who was a household member immediately prior to entering a hospital or nursing home licensed by the state;
c. Medication, supplies and equipment when prescribed by a licensed practitioner or other qualified health professional, including:

(1) Prescription drugs and other over-the-counter medication (including insulin);
(2) Costs of medical supplies; and
(3) Sickroom equipment (including rentals) or other prescribed equipment.

d. Health and hospitalization insurance policy premiums, except health and accident policies, such as those payable in lump sum settlements for death or dismemberment, or income maintenance policies;

e. Medicare premiums related to coverage under Title XVIII of the Social Security Act: TPQY: Medicare Premium

(1) Allow any cost sharing or spend-down expenses incurred by a Medicaid and/or Prescription Drug Assistance recipient.
(2) Do not allow the Medicare premium when the client is not responsible for payment of the premium, such as when the state pays the premium through the "Buy-In" agreement.  Click here to see TPQY Example

f. The costs of dentures, hearing aids and prosthetics;

g. Costs of securing and maintaining service animals specially trained to assist handicapped individuals (i.e. a seeing guide dog or a hearing guide dog, including the cost of dog food and veterinarian bills) See Question 1 below for further guidance on service animals;

h. The cost of eyeglasses prescribed by a qualified health practitioner;

i. The reasonable cost of transportation and lodging to obtain medical treatment or services (i.e. public transportation: bus, taxi, train, airplane);

j. The mileage reimbursement for medical treatment or services, when using a privately owned vehicle, shall be calculated by using the current “state” rate (i.e. any privately owned vehicle, personal vehicle or rides from friends/family);

k. The postage/shipping charges for mail-order prescription drugs; and

l. The costs of maintaining an attendant, homemaker, home health aide, child care or housekeeper, necessary due to age, infirmity, illness or disability and in addition:

(1) Deduct an amount equal to the one (1) person benefit allotment, if the assistance unit furnishes over 50% of the attendant's meals; and
(2) Treat the cost as a medical expense when the assistance unit has attendant care costs that could qualify under both the medical and dependent care deductions.

Standard Medical Deduction (SMD) and Actual Medical Deduction

O. Standard Medical Deduction Demonstration Project.

1. Each eligible elderly and/or disabled individual with medical expenses greater than $175.00 has the option to verify and claim all actual medical expenses or take the standard deduction.

2. The standard medical deduction is not mandatory.

3. To be eligible for the standard medical deduction of $140.00 ($175.00 - $35.00 = $140.00) the following two (2) stipulations must be met:

a. A client must verify, at each initial application, that s/he has incurred more than $35.00 (i.e. $35.01) a month in qualifying medical expenses.
b. A client must declare at each re-certification that s/he still has medical expenses in excess of $35.00.

(1) Declaration is a verbal statement, no further verification is required.

4. Enter ME of $175 next to each eligible individual on DEMH as EPICS is programmed to take out the $35. If a client is claiming actual medical expenses in excess of $175.00, the actual amount shall be entered on DEMH.

5. If the household elects to claim actual medical expenses, s/he must verify the expense(s) at each certification.

Dependent Care Expense

P. Allow the monthly best estimate of out-of-pocket expenses for dependent care for children under the age of 18 and for people with disabilities of any age, as follows:

1. When necessary for an assistance unit member to:

a. Accept or continue employment;
b. Searching for employment (should be reasonably verified if questionable); or
c. Attend training or pursue education preparatory to employment.

*DFS Child Care Authorizations are not acceptable verification to confirm out-of-pocket expenses.

2. Do not allow a deduction for children enrolled in alternative arrangements (not provided as part of the child care facility) such as summer camp or sport academies.

3. Do not allow any amount allowed as a deduction from educational income.

4. Do not allow a deduction for an amount previously exempted.

Example: If $60 per month was exempted and the cost is $100, $40 could still be used as a deduction.

5. Document in the case narrative the dependent care deduction was offered and the client chose to use or not use the deduction.

6. Enter the correct coding on the DEMH screen next to the child the deduction is for:

a. Use “CF” for a child under two (2) years of age; and/or
b. Use “AC” for an individual age two (2) and over.

Q. Allow the best estimate of mileage for out-of-pocket costs for transporting a child to and from child care to be reimbursed at the current state rate, as follows:

1. When necessary for an assistance unit member to:

a. Accept or continue employment;
b. Searching for employment (should be reasonably verified if questionable); or
c. Attend training or pursue education preparatory to employment.

2. Document in the case narrative the mileage deduction was offered and the client chose to use or not use the deduction.

3. Client statement will be taken for the mileage from her/his home to the child care facility and back home. If mileage does not look to be reasonable you may use Mapquest.com or Google Maps to determine the mileage.

4. If a household has more than one (1) child that go to the same child care facility, only one (1) deduction can be given.

5. If a household has two (2) children that attend different child care facilities, a deduction can be given from home to the child care facility farthest from home.

6. If the parent works at the child care facility in which their child attends, the mileage deduction is not allowed.

7. Enter the correct coding of CT on the DEMH screen next to the child the transportation deduction is for.

Child Support Payment Deduction

R. Allow the legally obligated (court ordered) child support actually paid by an assistance unit member on behalf of a child to a non-assistance unit member.

1. Code the amount as “CH” on the DEMH screen;

2. Allow child support which may include:

a. Legally obligated monetary payment;
b. Legally obligated payments to a third party such as rent and/or medical expenses; and
c. Legally obligated arrearages being paid.

3. Use a history of at least three (3) months and:

a. Average the payments to arrive at the child support deduction;
b. Adjust for any anticipated changes which would affect the payment (i.e. a child becoming of age whereby the legal obligation would cease); and
c. Act on changes reported by the client during the certification period.

4. Establish a best estimate of anticipated payments when there is not a record of at least three (3) months of legally obligated child support paid.

5. Any amount the client pays more than legally obligated or arrears is not eligible to used as a deduction.

Question 1: What does special training for service animals (i.e. dog, cat) mean?
Answer 1: It is best to concentrate on what the animal is trained to do. The issue is not whether the animal’s presence is therapeutic; the issue is whether the animal has received special training to do something.
A previous question discussed a case of a client who had trained her dog to bark. It was felt the animal did not appear to have special training and an expense should not be allowed. The National Office agreed, stating, “Fido is just doing what any other pet dog would do. Since caveman times, canines have raised an alarm when strangers approach. It’s the nature of the beast, not special training.” The point being that at a minimum, the client has to demonstrate that the animal is trained to do something special. The client in this case also had a letter from her psychiatrist; the letter stated that she needed the dog.
Therefore, if a client can demonstrate the animal is trained to do something special (i.e., not something the dog would normally do) that helps the client’s condition (other than being a companion or pet), the dog could be allowed as a medical expense. The case file must be documented to support any decision to allow or not allow the deduction.

1100   SNAP Income Eligibility Tests/Computations

A. Gross and Net Income Tests

1. Exempt the categorically eligible assistance unit from the gross and net income tests (see Section 502).

2. Require an assistance unit with an elderly or disabled member, including those who turn age 60 during the month of certification, to meet the net income test for the applicable assistance unit size.

3. Require assistance units without an elderly or disabled member to meet the gross and net monthly
income tests for the applicable assistance unit size.

4. See Section 507 for treatment of income of excluded, disqualified or sanctioned individuals.

5. Do not anticipate the amount of the initial POWER payment if:

a. The amount or the date of receipt cannot be reasonably anticipated; or
b. The payment will not be received in the month it is intended to cover.

6. Prorate the income of a sponsor of an alien among the aliens s/he is sponsoring.

a. Deem the prorated amount to the alien’s assistance unit; and
b. See Section 606 for treatment of sponsor’s assets.

B. SNAP Gross Income Test

1. Require the gross income test be met by the assistance unit prospectively when the assistance unit is not categorically eligible or does not include an elderly and/or disabled member.

2. Use the anticipated gross earned income or net profit from self-employment (see Section 903).

3. Add nonexempt unearned income.

4. Compare the result to the maximum allowable gross income from Table I: SNAP Income Limits FFY 2019 for the applicable assistance unit size.

5. Deny or terminate benefits when the income exceeds the maximum allowable gross income.

C. SNAP Net Income Test

1. Proceed with the net income test when the maximum gross income test has been met and the
assistance unit is not categorically eligible (see Section 502).

2. EPICS will do the following:

a. Multiply the nonexempt earned income by 20% when:

i. The income is reported timely; and
ii. There is income remaining after a farm loss offset.

b. Subtract the result from the total gross income.

c. Subtract the standard deduction.

d. Subtract medical costs in excess of $35 when the assistance unit includes a member(s) who is elderly and/or disabled.

e. Subtract allowable dependent care costs and legally obligated child support.

f. Divide the result by two (2), rounding up or down as appropriate.

g. Determine the allowable shelter costs using the appropriate deduction (see Section 907).

h. Subtract from the shelter costs: the result in (C)(2)(f) and compare that amount to the limit on shelter deduction from Table I: SNAP Income Limits FFY 2019 and use whichever amount is less except for assistance units with a member(s) age 60 or older or a disabled person(s) which are allowed the full amount of the difference.

3. Subtract the appropriate amount from h from the result from e to arrive at the net monthly income.

4. Compare the result to the net allowable income from Table I: SNAP Income Limits FFY 2019 for the assistance unit size.

5. Deny or terminate benefits when the income exceeds the maximum allowable net income.

6. Proceed, when eligible, by multiplying the result from C(3) by 30%, rounding up.

7. Subtract the result from C(6) from the Thrifty Food Plan for the assistance unit size found in
Table I: SNAP Income Limits FFY 2019.

8. Prorate benefits as appropriate (see Section 1301).

9. An assistance unit of one (1) person or two (2) persons will receive $16 when the result is $16 or less.

D. Computation for Failure to Comply with Needs Based Programs

1. POWER or Tribal TANF:

a. Do not increase the benefit when the income of the assistance unit is decreased because a penalty is imposed under any needs based program, including POWER and Tribal TANF for
failure to perform a required action.
b. Enter the appropriate “X” code (see Section 1204) on the UNIN screen in EPICS to determine the benefit amount when the penalty is for POWER or Tribal TANF.
c. Continue the POWER or Tribal TANF related penalty for the minimum penalty period (see Section 713).
d. Require the individual to meet the SNAP work requirements if the assistance unit chooses to receive SNAP only.

1101    POWER Payment Tests/Computations