SNAP and POWER Policy Manual – 500 – Extended Menu

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.

NOTE: Individuals enrolled less than half-time at any type of school are NOT considered to be enrolled in an institution of higher education, please consult this flowchart to determine whether an individual is enrolled in an institution of higher education for SNAP eligibility purposes.

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, or if they are a DVR participant.

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.
5. 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.
6. 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:
   2. Ensuring the amount paid for meals is distinguishable from the amount paid for lodging;
   3. 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.
   4. 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.
7. See Section 507 for treatment of excluded, disqualified or sanctioned                      individuals.

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

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.