Appendix B - PERSONAL OPPORTUNITIES WITH EMPLOYMENT OPPORTUNITIES (POWER)
Chapter 1
Types of Resources and Treatment
| TYPE OF RESOURCE | TREATMENT |
| Advanced Earned Income Tax Credit (AEITC) | Exempt in the month of receipt and the following month. Any remaining is nonexempt in third month. |
| Burial funds < fifteen hundred dollars ($1,500) | Exempt fifteen hundred dollars ($1,500) for each person in the family unit when funds are in a bona fide burial agreement, burial trust or contract (does not apply to bank accounts, savings, etc.). The funds are no longer exempt if withdrawn for a purpose other than burial. |
| Burial plot | Exempt one (1) for each person in the family unit. |
| Cash gifts | Exempt up to fifty dollars ($50) per recipient per quarter. |
| Commingled funds | Do not exempt funds when previously exempt funds are commingled with nonexempt funds. |
| Earned Income Tax Credit (EITC) | Exempt the EITC in the month received and the following month. Any remaining portion is to be considered nonexempt in the third (3rd) month. |
| Educational funds | Exempt educational loans, grants and scholarships which are designated for educational purposes only and not commingled with other nonexempt funds. |
| Home (Also see Land, buildings and other real property) | Exempt the home which is the current place of residence including the building and land upon which it is located, the land that appertains the home and all the buildings and/or mobile homes located thereon. |
| Household furnishings/ goods and personal effects | Exempt those items determined to be essential for day-to-day living. |
| HUD escrow account | Exempt a HUD escrow account which was established under the Family Self-Sufficiency Program for participants receiving housing assistance and the funds remain in the account. |
| IIM account (restricted) (See Appendix D) | Exempt IIM's when only moneys listed under P.L. are deposited and BIA authorization is required to withdraw or use the deposited funds. |
| Income producing property | Exempt income producing property of a self-employed client, excluding real property. If unemployed, s/he must be reasonably expected to return to that line of work for the exemption. |
| Indian judgment funds | Exempt funds appropriated in satisfaction of judgments of the Indian Claims Commission or Claims Court in favor of any Indian tribe, band, etc., (see Appendix D) to include: 1. Cash retained after the month of receipt to the extent it does not exceed two thousand dollars ($2,000) per individual in total; and 2. Stock (including stock issued or distributed by a Native Corporation as a dividend or distribution on stock); and 3. A partnership interest; and 4. Land or an interest in land (including that received from a Native Corporation as a dividend or distribution on stock); and 5. An interest in a settlement trust. |
| Insurance settlement for damaged property | 1. Exempt money received from an insurance settlement for the repair or replacement of property which is lost, damaged or stolen for ninety (90) days or until the client makes a decision not to repair or replace the property, whichever happens first. 2. Require the funds to be maintained separately from other funds and not commingled. 3. Exempt the interest earned on this money. 4. Consider the entire amount or the excess a lump sum payment (income) when the insurance settlement is not used for or exceeds the cost of the replacement or repair. |
| Joint bank account | Exempt for the month following the month of deposit when the applicant or recipient cannot legally withdraw the funds from the account. |
| Livestock, Farm Machinery, Tools | Count the average of two (2) appraisals/estimates of the fair market value and subtract any legal encumbrances when not used for self-support. Exempt if used for self-employment or there is a reasonable expectation the self-employment will resume within twelve (12) months of last use. |
| Loans | When the household is the lender: 1. Exempt the unpaid loan balance if the note cannot readily be liquidated or if the note has no FMV because it cannot be sold. 2. The principal amount on the loan payment is considered a nonexempt asset. When the client is the borrower: 1. Exempt the loan proceeds unless the funds are placed/transferred to an accessible asset. |
| Lump sum (See Section 9(a)(viii) for further information) | A lump sum is exempt unearned income and a nonexempt asset in the month of receipt. The balance is an asset in the month(s) following the month of receipt. |
| PASS account | Exempt income and resources of an SSI recipient. |
| Property | Exempt property: 1. That is used for self-employment, excluding real property; 2. That is unavailable or has a barrier to sale; 3. Belonging to an SSI recipient, an ineligible stepparent, ineligible parent(s) of a minor parent or ineligible caretaker relative (other than a parent). |
| Resource replacement (See Insurance settlement also) | Exempt any governmental payments which are designated for restoration of a home damaged in a disaster when the family unit must legally use the funds for that purpose. |
| Retirement/ Pension plans/ funds - not available | Exempt pension/retirement funds not available or belonging to an ineligible individual/spouse. |
| Retroactive RSDI and SSI payments | Exempt income and resources of an SSI recipient. (RSDI is nonexempt and considered a lump sum payment (income) when retroactive.) |
| Savings of a dependent child W.S. 42-2-202 | Exempt savings of a dependent child who is a full time secondary student under the age of eighteen (18) when deposited from the child's earned income and designated for future educational purposes and not commingled with nonexempt funds. |
| Vehicles - Leased | Exempt during the contract or agreement period. If purchased, treat as a licensed/unlicensed vehicle, as appropriate. |
| Vehicles - Unlicensed | Count the equity value of the unlicensed vehicle unless used in self-employment and does not require licensing, i.e., farming. |
| Vehicles - W.S. 42-2-109 (See leased and unlicensed vehicles also) This category includes: cars, motorcycles, vans, trucks, other vehicles used for transportation | Allow the exclusion of two (2) duly registered and licensed motor vehicles from personal resources in determining eligibility for any household under POWER. |
| Victims Compensation payments | Exempt payments until the total amount paid is sufficient to fully compensate the individual for losses suffered as a result of the crime. |
Amended, Eff. 7/27/2016.