1701 POWER Five (5) Year Benefit Limit
| POWER – W.S. 42-2-103; ARW, Chapter 1, Section 6 |
A. Determine whether each applicant/recipient is eligible or ineligible for a POWER performance payment based on the five (5) year benefit limit provisions.
B. Time while receiving assistance funded with federal funds or state funds received in another state, as well as cash assistance received in another state or U.S. territory, shall be added together in determining the total time assistance has been received.
C. Count the following towards the five (5) year benefit limit:
1. Time on assistance in another state;
2. The months the individual is disqualified for any reason;
3. The months of assistance received while temporarily incapacitated;
4. Partial month payments received are considered a full month; and
5. A month with non-payment due to non-compliance with performance requirements.
D. Allow an adult who previously received assistance as a dependent child, excluding minor parents, to receive assistance up to the five (5) year benefit limit under their own assistance unit.
E. Do not apply the five (5) year benefit limit to:
1. A non-parent caretaker relative, not included in the grant, when s/he receives assistance for a child(ren) as s/he is not financially responsible for the child(ren);
2. A one (1) parent assistance unit when the parent receives SSI;
F. An assistance unit who has three (3) or more years of cash assistance as of January 1, 1997 may receive an additional two (2) years of cash assistance after January 31, 1997 with the following exceptions:
H. Remove the needs of a non-parent caretaker relative, unless a hardship exemption exists, when s/he has been included in the performance payments and payments have been received for five (5) years.
1. Allow continued POWER payments to the child(ren) as the non-parent caretaker relative is not financially responsible for the child(ren); or
2. Do not allow continued POWER payments for the child(ren) if that child(ren) received five (5) years or more of assistance as part of her/his parent's grant.
I. The DFS-SO may waive five (5) year benefit limit for a period not to exceed one (1) year for an applicant/recipient who claims abandonment by the head of the household.
1. The applicant/recipient shall report the abandonment to law enforcement.
2. If during the one (1) year hardship period any acknowledgment exists of the non-custodial parent assuming the care and control of the child, the assistance unit is no longer eligible for POWER.
3. If the applicant or recipient refuses to notify and cooperate with law enforcement, the assistance unit is not eligible for POWER.
J. The DFS-SO may waive the five (5) year benefit limit for a period not to exceed two (2) years for an applicant/recipient who:
1. Is fleeing because a family member has been battered or subjected to extreme cruelty or domestic violence.
2. Has provided verification to substantiate threats, stalking or actual mental/physical abuse to the caretaker and/or the child(ren).
3. Works with the POWER Work Program Case Manager;
4. Follows through with a plan to correct circumstances which have contributed to the situation as failure to comply shall:
i. Result in the second year being counted toward the five (5) year benefit limit; or
ii. Result in immediate termination when the time limit has been previously exhausted.
K. The DFS-SO may waive the five (5) year benefit limit for a period not to exceed two (2) years for an applicant/recipient who:
1. Claims a total physical or mental disability and is incapable of obtaining and retaining employment, participating in a job skills training program, or maintaining independence in the community; or
2. Is needed in the home full time to care for a totally physically or mentally disabled immediate family member who resides with the caretaker and no other reasonable alternative is available.
a. Has provided verification of the incapacity by a certified primary care provider.
b. Works with the POWER Work Program Case Manager:
c. Follows through with a plan to correct circumstances which have contributed to the situation as failure to comply shall:
i. Result in the second year being counted toward the (5) year benefit limit; or
ii. Result in immediate termination when the time limit has been previously exhausted.
L. Inform the applicant/recipient, failure to report receipt of cash assistance since 7/1/87 shall result in an over payment for benefits incorrectly paid and disqualification due to IPV.
1702 POWER Five (5) Year Hardship Extensions
| POWER - W.S. 42-2-103; ARW, Chapter 1, Section 6 |
A. Assistance units approaching the five (5) year benefit limit, excluding Tribal cases, will be reviewed by DFS-SO at 53 months to determine if a hardship extension should be granted.
B. Notify DFS-SO when an assistance unit is within six (6) months of the five (5) year benefit limit and has received benefits from another state as these will not appear on the computerized list.
C. Make a recommendation to DFS-SO concerning whether a hardship extension should or should not be granted.
D. DFS-SO shall notify the Benefit Specialist of the decision and s/he shall take the appropriate action.
E. Compliance with the work program action center, eligibility and child support continues to be required.
F. Terminate the extension when noncompliance occurs as the extension privilege has been lost.
G. The assistance unit shall reapply for the extension and notify DFS-SO of the re-application so a re-review can be performed and a new determination made.