049-1 Wyo. Code R. § 1-2
(a) "Adverse action" - a decision to decrease, deny or terminate POWER payments.
(b) "Affordable child care arrangements" - an available child care provider in the community whose charges for services does not exceed the local market rate established at the seventy-fifth (75th) percentile.
(c) "Agency error" - an incorrect action or failure to take action by a DFS worker or contract employee.
(d) "Applicant" - all household members included in a completed, signed and filed application for performance payments.
(e) "Application date" - date the signed application is received and date stamped in the DFS-FO and shall be the date compliance with the child support, work and eligibility performance requirements begins.
(f) "Appropriate child care" - child care meeting Wyoming licensing standards or, if legally exempt from child care licensing requirements, meeting minimum health and safety requirements, and received a favorable Central Registry and full fingerprint based national criminal background check.
(g) "Arrearage" - all amounts of past due child support and medical support.
(h) "Assistance unit" - the following individuals who are living in the same household and who are responsible for the support of each other or of dependents:
(i) "Barrier to sale" - a statement in the document of ownership (bill of sale, deed, signature card, or contract) which specifies the sale can be made only under the circumstances given, or there is an inherent legal restriction to the sale.
(j) "Bona fide" -
(k) "Break-in-aid" - a period of one (1) or more months in which an assistance unit is not eligible for POWER and does not receive a performance payment.
(l) "Care and control" - when a parent or caretaker relative can be counted on to function in planning for or is giving the child(ren) physical care, guidance and maintenance as follows:
(m) "Caretaker relative" - a person who meets the definition of a relative and will be exercising the day-to-day care and control of the child(ren).
(n) "Cash value" -
(o) "Commingled" - mixing countable and exempt funds together.
(p) "Compliance" - to comply with Pay-After-Performance requirements including registration for work and compliance with child support, work program and eligibility requirements.
(q) "Contribution" - a voluntary or mandatory monetary or in-kind grant or aid provided another person(s) which:
(r) "Contribution statement" - a written statement verifying a contribution has been made to or on behalf of another person(s).
(s) "Custodian" - an individual who has been appointed by the court to care for a person as reflected in a court order.
(t) "Deeming" - to consider the income and resources of one (1) person as the income and resources of a second person whether or not these are actually available.
(u) "Department of Family Services-Field Office (DFS-FO)" - the DFS staff that determines eligibility for Assistance Division Programs.
(v) "Department of Family Services-State Office (DFS-SO)" - the DFS staff that provides administration for Assistance Division Programs.
(w) "Earned Income Tax Credit (EITC)" - an amount of money either deducted from the taxes owed or paid as a refund resulting from filing a Form 1040 or 1040A tax return for a calendar year.
(x) "Encumbrance" - a claim(s) or legal debt(s) against an asset which shall be paid when the asset is sold and will be supported by a written document.
(y) "Equity value" - the fair market value less any legal debts (i.e. mortgages, loans, penalties, cost of sale) against the property.
(z) "Exempt" - a category of income, asset or circumstances not subject to program policy or limits and shall not be counted for eligibility purposes.
(aa) "Failure to comply" - neglecting to keep the initial interview and other scheduled meetings and to meet any of the child support, work program or eligibility performance standards.
(bb) "Fair market value" - the amount of money the sale of property would currently (or at the time of transfer) bring on the open market in the community where the property is located.
(cc) "Five (5) year limit" - AFDC, POWER, POWER-SASFA and/or Temporary Assistance for Needy Families (TANF) payments are limited to five (5) years (whether or not consecutive) for any assistance unit regardless of location.
(dd) "Foster care provider" - the facility or person(s) licensed or approved by DFS and caring for the child(ren) placed in their care.
(ee) "Foster Care, Title IV-E" - Title IV-E foster care is a financial assistance program under the Social Security Act, as amended.
(ff) "Fraud" - documented deliberate misrepresentation, concealment or nondisclosure of information to remain eligible for the payment or to avoid a decrease in the payment. The fraudulent act pertains to an eligibility factor, a work activity expenditure or a performance requirement.
(gg) "Full-time employment" - 35 or more clock hours per week and earning at least the equivalent of the federal minimum wage including self-employment.
(hh) "Garnishment" - a legal withholding of a specified sum from wages to satisfy a creditor.
(ii) "Guardian" - an individual appointed by the court to care for a person as reflected in a court order specifying the guardianship.
(jj) "Homeless" - the condition or lack of a permanent dwelling or lack of a fixed or home address.
(kk) "Housing subsidy" - any government payment provided to an assistance unit for rent.
(ll) "Immigration and Naturalization Service (INS)" - the U.S. agency responsible for admitting and assigning residence status to people entering the U.S. from other countries.
(mm) "Incapacity" - a physical or mental defect, illness or impairment sufficiently serious to eliminate or substantially reduce the parent's ability to participate in employment, job search, or a training or educational program.
(nn) "Income" - money received from any source, excluding any item specified as a resource.
(oo) "Income producing property" - property essential to the production of goods and services (i.e. stock (merchandise), inventory, tools, equipment, trucks, cars, earth moving equipment). This does not include real property, such as rental property, business property and farm land.
(pp) "Individual Responsibility Certificate of Understanding (IRCU)" - the document which shall be signed by all adult, minor parent and teenage school dropout applicants/recipients and describes the required performance standards which shall be met to receive a performance payment.
(qq) "Individual Responsibility Plan (IRP)" - the document mutually agreed to by the POWER applicant/recipient and the Benefit Specialist and/or Department of Workforce Services (DWS) work program case manager (CM) which is a self-sufficiency plan for the family.
(rr) "Intentional program violation (IPV)" - the action of making a false or misleading statement, a misrepresentation, concealment or withholding of facts.
(ss) "Knowledgeable source" - For evaluation of an asset, a person who is professionally aware of the value of the property in the community.
(tt) "Lump sum" - a payment of earned or unearned money ( i.e. payment of retroactive benefits such as, but not limited to, RSDI, lottery winnings, Unemployment Insurance Benefits, cash inheritances or worker's compensation awards). It is the total amount received minus legal fees required to make the money available and minus the amount designated by the payer or source for medical expenses.
(uu) "Medical professional" - a licensed physician, a licensed psychologist or master's level mental health worker.
(vv) "Minor parent" - an unemancipated mother or father who is under the age of 18.
(ww) "Net profit" - for self-employment, the gross receipts, less the current business expenses.
(xx) "Noncompliance" - the act of refusing or failing to comply with a child support, work program or eligibility performance standard.
(yy) "Noncompliance penalty" - nonpayment of POWER due to not cooperating with the Pay-After-Performance requirements and the month counts toward the five (5) year benefit limit.
(zz) "Noncustodial Parent" - the parent who does not have primary care, custody, or control of the child, and who may have an obligation to pay child support.
(aaa) "Notice of action" - a written statement which informs the applicant/recipient of the intended action.
(bbb) "Overpayment" - performance payment or work activity expenditure received by or for an assistance unit which exceeds the amount for which the family was eligible.
(ccc) "Part-time employment" - less than 35 clock hours per week, or if the hours average more than 35 hours per week, earnings are less than the federal minimum wage.
(ddd) "Pay-After-Performance" - receipt of a performance payment after the mandatory family members have met the child support, work program and eligibility requirements for the corresponding performance period.
(eee) "Performance payment month" - the payment received on the first of the month following the performance period and paid for compliance during that performance period.
(fff) "Performance period" - the 15th of one (1) month through the 14th of the following month.
(ggg) "Periodic review" - an interview held at least every six (6) months to redetermine all eligibility, child support and work program performance requirements and establish a new best estimate of income, when applicable.
(hhh) "Primary caretaker" - the person(s) who provides the care and control of the child(ren) more than 50% of the month or year.
(iii) "Public institution" - a governmental establishment that furnishes (in single or multiple facilities) food, shelter, and some treatment or services to persons unrelated to the proprietor. For the purposes of the POWER program, these include:
(jjj) "Qualifying quarter" - any calendar quarter in which the legal immigrant has qualified work in a job covered by social security and has not received public assistance and includes quarters worked by the immigrant, a parent while the immigrant was under 18 and quarters worked by a spouse while married to the immigrant.
(kkk) "Reasonable appraisal" - a value given by a knowledgeable source.
(lll) "Reasonable distance" - the distance from home to work does not exceed two (2) hours per day not including the transportation of a child to and from a child care facility.
(mmm) "Relative" -
(nnn) "Resident" - a person who lives in Wyoming with the intent to reside permanently in the state.
(ooo) "Shelter costs" - the amount of money required to provide housing (i.e. rent, mortgage payments, motel rates) or utilities (i.e. water, sewer, heat, electricity).
(ppp) "Single custodial parent" - for the work program exemption, the parent is the only adult in the assistance unit.
(qqq) "Single-Parent family" - a family with one (1) custodial parent or, if both parents are in the home, one (1) parent is an SSI recipient.
(rrr) "Sponsor" - any person or any public or private organization that has executed an affidavit of support for an alien as a condition of entry into the United States.
(sss) "Strike" - any concerted slowdown, interruption of operations by employees or any stoppage of work by employees, including a stoppage by reason of the expiration of a collective-bargaining agreement.
(ttt) "Subsidized employment" - employment in which the wages are financed from public funds, including on-the-job-training and work experience through Workforce Investment Act (WIA) and Division of Vocational Rehabilitation (DVR) or work study programs.
(uuu) "Teen parent" - a parent age 18 or 19.
(vvv) "Temporary absence" - the condition of a dependent child(ren) being away from the home when:
(www) "Two-parent family" - a family consisting of both parents (natural or adoptive parent) and their child(ren) living together in a home applying for or receiving a POWER payment. The parents may or may not be married.
(xxx) "Uncompensated value" - the fair market value less the gross sale price.
(yyy) "Underpayment" - a performance payment received by or for an assistance unit which is less than the amount for which the unit was eligible.
(zzz) "Vendor" - a person or business who provides goods or services to a recipient or on behalf of a recipient.
(aaaa) "Vendor payment" - an amount paid on behalf of an assistance unit which the assistance unit cannot convert to cash to meet its needs.
(bbbb) "Vocational training" - a POWER work activity which is an organized educational program of no more than one (1) year duration. The program must be directly related to the preparation of individuals for employment in a nonprofessional career or for additional preparation for a career but may not lead to a degree. Also an approved educational program under POWER-SASFA.
(cccc) "Voluntarily assigned" - a decision freely made by an individual to agree to give money to another person or agency for a specified reason or to purchase something.
(dddd) "Voluntary quit" - an applicant or recipient has refused, terminated or decreased her/his employment or rate of pay without good cause, including being fired due to her/his own fault.
(eeee) "Work activity expenditure" - specifically requested and approved work activity expenditure which assists the applicant/recipient in becoming employed while decreasing dependence on government assistance.
(ffff) "Work experience" - a training and job experience situation with a private business, a nonprofit organization or public agency for which the participant receives no monetary compensation. Work experience includes the assessment, employability plan and activities established and monitored by DVR for the incapacitated applicant/recipient.
(gggg) "Work program action center" - the place where case management services, and job club and job readiness activities are offered and a job network center is maintained.
(hhhh) "Zero money payment" - a month where no performance payment is made either due to the noncompliance penalty or to overpayment recovery. The individuals receiving zero money payments are considered POWER recipients.
049-1 Wyo. Code R. § 1-2
Amended, Eff. 7/27/2016.
Amended, Eff. 1/12/2018.