1702 POWER Five Year Benefit Limit
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POWER – W.S. 42-2-103 |
A. Determine whether each applicant or recipient is eligible or ineligible for a POWER performance payment based on the five year benefit limit provisions.
B. Realize time while receiving assistance funded with federal funds and time while receiving assistance funded with state funds will be added together, as well as assistance received elsewhere in the U.S. or its Territories, in determining the total time assistance has been received.
C. Realize individuals who have received assistance for 36 or more months prior to 1/31/97 will be eligible for 24 additional months of assistance after 2/1/97; and
D. Realize the first drop off date will be 1/31/99 if 60 or more months of cash assistance (AFDC/TANF/ POWER) has been received as described in C., regardless of location.
E. Count the following towards the five-year benefit limit:
1. time on assistance in another state;
2. time on assistance in Wyoming as of July 1, 1987;
3. a minor parent who has received or is currently receiving assistance as “head of household”, for one year only;
4. the months the individual is disqualified ($1.00 status);
5. the months of assistance received while temporarily incapacitated;
6. partial month payments received are considered a full month; and
7. a month with non-payment due to noncompliance with Pay-After-Performance.
F. Allow an adult, who previously received assistance as a dependent child, excluding minor parents, to receive assistance up to the five year benefit limit under their own assistance unit.
G. DO NOT apply the five 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 parent assistance unit when the parent receives SSI;
3. A POWER-SASFA student while s/he meets the attendance requirements of her/his education institution and does not receive an “incomplete” or an “F” in any class during any semester or summer school session:
a. Realize this provision begins April 1, 2001 and is not retroactive;
b. Count all previously excluded months and future months when the student loses the exclusion because s/he received an ‘F’ or incomplete, but continues to meet the POWER-SAFSA criteria; or
c. Count all previously excluded months and future months when the student loses her/his POWER-SASFA status; or
d. Begin to count the months toward the five year benefit limit when the student graduates or completes the approved vocational training program; and
e. DO NOT allow eligibility for the disregarded months again as this is a one-time only privilege and the student who fails to meet the requirements at anytime loses the privilege regardless if non-attendance reasons, “incomplete” or “F” is later changed;
f. Generate the A751 notice when the student is no longer eligible for the exclusion;
g. DOCUMENT the file concerning the excluded months as EPICS will not track these months.
H. DO NOT count any month when an adult Tribal member, and the spouse when applicable, was living on any reservation if, during the month, at least 50 percent of the adults living on the reservation were unemployed.
I. 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 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 years or more of assistance as part of her/his parent's grant.
J. Count the following toward the five year benefit limit:
1. All months AFDC/POWER was received beginning with 7/1/87 and begin termination due to 60 months effective 1/31/99 if 24 months has been received after 1/31/97;
2. A month with non-payment due to noncompliance with Pay-After-Performance;
3. A month in which an assistance unit member is disqualified or the family penalty is applied for any reason.
K. Reinstate or extend POWER performance payments for up to one year beyond the five year benefit limit when the applicant or recipient claims abandonment.
1. The applicant or recipient must report the abandonment to and cooperate with law enforcement; and
2. If, during the one year hardship period, any acknowledgment exists of the non-custodial parent assuming the care and control of the child, i.e., child support is paid, visitation, etc., the assistance unit is no longer eligible for POWER; or
3. If the applicant or recipient refuses to notify and cooperate with law enforcement, the assistance unit is not eligible for POWER.
L. Allow one additional year immediately upon completion of the five year benefit limit for continuation of education leading toward a postsecondary degree under the following conditions:
1. The recipient must be within one year or less of completion of a postsecondary education degree; and
2. The recipient must enroll in and attend classes for the number of hours needed for graduation:
a. If 12 or less hours are required and the course(s) is offered, the recipient must complete the course work in one semester;
b. If more than 12 hours are required or the course(s) is not offered, the recipient must complete the course work within the regular academic year.
3. The recipient is to be terminated upon completion of the postsecondary education requirements whether or not the year has expired.
M. Waive the five year benefit limit for a period not to exceed two years for an applicant or 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. Complies with the policy in Attachment E.
4. Follows through with a plan to correct circumstances which have contributed to the situation as failure to comply will:
a. Result in the second year being counted toward the five year benefit limit; or
b. Result in immediate termination when the time limit has been previously exhausted.
N Inform the applicant or recipient failure to report receipt of cash assistance since 7/1/87 will result in an overpayment for benefits incorrectly paid and disqualification due to IPV.