049-1 Wyo. Code R. § 1-8

Current through April 27, 2019
Section 1-8 - Eligibility Requirements

(a) Income eligibility is based on the average monthly income of each individual in the household.

  • (i) Monthly income is calculated using current consecutive verifiable nonexempt gross income. Details for calculations based on various pay periods are outlined in the LIEAP Policies and Procedures Manual.
    • (A) Income received from interest earned on Contracts for Deed, Individual Retirement Accounts, Certificates of Deposits, checking accounts, savings accounts or cashed savings bonds shall be considered when the interest accrued exceeds Thirty Dollars ($30.00) a month.
      • (I) Income produced by real property and operated as a business by the applicant is included under the income limitations for eligibility.
      • (II) Income of an alien/immigrant sponsor and his/her spouse must be deemed available one hundred percent (100%) for determining LIEAP benefits.
  • (ii) The following sources of income are exempt:
    • (A) Earned income of a child(ren) under fourteen (14) years old or of a child(ren) in the household unit who is a full time student and is under the age of eighteen (18);
    • (B) The value of United States Department of Agriculture donated foods or the value of the Supplemental Nutrition Assistance Program benefits. The value of supplemental food assistance received under the Child Nutrition Act of 1966 including the Women, Infants, and Children program and the special food service program for children under the National School Lunch Act;
    • (C) Foster Care payments paid by the State to recipients whose homes have been certified as approved foster homes by DFS;
    • (D) Gifts of Thirty Dollars ($30.00) or less in the payment month;
    • (E) Any wages, allowances or reimbursement for transportation and attendant care costs, when received by a handicapped individual employed in a project under Title VI of the Rehabilitation Act of 1973 as amended by Title II of Public Law 95-602;
    • (F) The value of goods and/or services provided in lieu of or in addition to cash;
    • (G) Per capita payments to Native Americans as covered under Federal law;
    • (H) State or federal payments or benefits, the exclusion of which is required in determining eligibility for other State or federal benefits;
    • (I) Income received infrequently or irregularly of less than Thirty Dollars ($30.00) for the budget month;
    • (J) All payments received under the Workforce Investment Act (WIA);
    • (K) All loans, grants and scholarships;
    • (L) Money received in the form of a lump sum payment, including but not limited to, income tax refunds, rebates or credits; retroactive lump-sum Social Security, and refunds of security deposits on rental property or utilities;
    • (M) Assistance other than wages under the Older American Act (OAA) of 1965, such as Title III, for nutrition and social services projects as administered by Area Agencies on Aging;
    • (N) Exempt reimbursements on specific expenses other than normal living expenses, such as:
      • (I) Reimbursements for job or training related expenses such as: travel, per diem, uniforms, and transportation to and from the job or training site;
      • (II) Reimbursements for out-of-pocket expenses incurred by volunteers in the course of their work; and
      • (III) Medical (Insurance) or dependent care reimbursements.
    • (O) Payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
    • (P) Homestead Exemption Property Tax or Sales and Use Tax refunds by the State of Wyoming;
    • (Q) Payments made on behalf of a household by an individual or company when the payment is made directly to a vendor and the client cannot convert the payment into cash for his/her own use;
    • (R) Payments for services to volunteers serving as foster grandparents, senior health aids, senior companions, and persons serving in the Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) are exempt. This includes compensation under Sections 404(g) and 418 of the Domestic Volunteer Services Act of 1973;
    • (S) Service-connected Veteran's disability benefit - Exempt the amount up to one-hundred percent (100%) federal poverty level, including dependents and spouse benefits. Amounts over the 100% federal poverty level are countable. A table of poverty guidelines is published in the LIEAP State Plan each program year;
    • (T) Payments made to others on the household's behalf, provided that such payments were not directed by the household; and
    • (U) The optional State Medicaid Supplement Benefit and Medicare deducted from SSA.
    • (V) The equity of all personal property such as clothing, household furnishings, and cars for all members of the household is exempt.
  • (iii) Court ordered child support paid on a monthly basis by an individual in the applicant household shall be deducted from earnings when figuring income eligibility.

(b) All households must meet the following vulnerability requirements:

  • (i) Applicants are vulnerable when one (1) of the following conditions exist:
    • (A) Home heating fuel costs are billed directly to applicant by the fuel supplier;
    • (B) Rent includes a prorated home heating fuel cost on a monthly basis and applicant can prove same with rent receipts and or lease agreement;
    • (C) Applicant has paid or incurred heating fuel costs for at least thirty (30) days; or
    • (D) Landlords or co-signers who keep utility bills in their name for individually metered single or multiple-family rentals unit shall furnish a photocopy of their utility bill along with the applicant's application so the utility bill shall be paid on behalf of the applicant to the fuel supplier.
  • (ii) Applicants are not vulnerable when:
    • (A) Applicant resides in a dormitory;
    • (B) Applicant resides in a foster home, public or private institution, rehabilitation facility or group home, when living costs are subsidized in whole or in part by the State, local governments or private organizations;
    • (C) Applicant resides in a nursing home;
    • (D) Employer supplies housing which includes free or in-kind home heating fuel;
    • (E) Housing is furnished or paid for by a member not of the household unit when home heating fuel is included; or when
    • (F) Home heating fuel costs are paid by a person who is not a household unit member.

049-1 Wyo. Code R. § 1-8