5500 AFDC-UP

5503.00 Application Effective Date - July 1, 2004

5503.02 Applicant’s Rights

A. Date of Entitlement

Inform the applicant/Recipient that, if eligible, Payment will begin as follows:

1. From the Date of application if the principal wage earner has been totally unemployed or has been employed less than 100 hours at least 30 days prior to the date of application, or

2. On the day when the hours of Employment are under 100 hours.

a. Do not authorize benefits prior to the date of application.

b. Use the HOOW screen to determine the date of entitlement.

c. Deny the application if a date of entitlement cannot be determined within 45 days of the application.

3. Not earlier than 21 days from the date of application to allow time to demonstrate a good faith effort to Cooperate when the case was previously denied/terminated due to noncooperation of the PWE to participate in intensive job search in the first two payment months.

5503.03 Applicant’s Responsibilities
Use the following criteria in addition to that specified in 5005.03 and WOW Manual Section 5604.01:

A. The applicant principal wage earner (PWE) must register with or the application will be denied.

B. The applicant PWE must sign a Work Requirement Agreement (DFS-573) as an eligibility requirement or the application will be denied.

C. The Nonexempt applicant PWE must participate in intensive job search for at least 20 hours per week (35 hours in welfare reform pilot counties) for the first two months of AFDC-UP eligibility.

1. Deny the application when the PWE refuses to cooperate with the requirement at application; or

2. Terminate the case due to noncooperation when a benefit is received as failure to cooperate will cause the case to be Ineligible from the date of entitlement; and

3. Establish an overpayment from the date of entitlement; and

4. Initiate recovery of the overpayment; and

5. Count the Month(s) in which a benefit was received toward the six months of AFDC-UP eligibility.

D. Require an application for AFDC/Incapacitated parent if one of the parents is so incapacitated that s/he is unable to work for at least 30 days.

E. Require one of the nonexempt parents to participate in a federally mandated component after the first two months of AFDC-UP eligibility or be subject to a WOW Sanction for noncooperation.

5504.00 Verification

In addition to the verification specified in 5004, the following must be verified:

A. The principal wage earner (PWE) is determined at the time of application; and

B. The PWE meets the definition of unemployed parent; and

C. The PWE meets the required quarters of employment/training; and

D. The PWE is registered at ; and

E. The PWE has applied for Unemployment Insurance Benefits and accepted these benefits, if eligible, and

F. The PWE is participating during application in intensive job search 20 hours per week (35 hours in welfare reform pilot counties) for the first two payment months when nonexempt.

5504.03 Evidence

FACTOR	PRIMARY EVIDENCE	SECONDARY EVIDENCE

Registration	- Statement -WOW registration	-None

Job search/Job club Requirement	- form or statement -WOW Case manager statement -Monitoring of DFS-566 -Job club instructor’s statement	-None

Paternity	-Marriage certificate -Birth certificate -Paternity Papers -Court Order	-Notarized statement from both parents -Statements from church, School, medical or other community professionals

Principal wage earner (Recorded on DFS 551)	-ESC, Employment Security Commission interface -Tax forms -Wage stubs -Employer’s statement	-None

FACTOR	Primary evidence	Secondary evidence
PWE (cont.)	-Business records

Quarters of employment (Recorded on DFS 552)	-ESC, Employment Security Commission interface -UIB eligibility letters, checks or ESC statement -UIB, Unemployment Insurance Benefits interface -Wage stubs -Employer’s statement specifying amounts and dates -Business records	-None

Unemployed Parent	-Wage stubs -ESC, Employment Security Commission interface -Employer’s statement -Business records -Lay-off slip -UIB, Unemployment Insurance Benefits interface	-None

Unemployment Insurance Application/Benefits	-ESC statement -ESC award letter -UIB, Unemployment Insurance Benefits interface -UIB appointment card	-None

5505.00 Eligibility Factors

In addition to each eligibility factor listed in 5005, each AFDC-Unemployed Parent applicant/recipient is required to meet the eligibility factors listed below. Failure to meet any of these eligibility factors will result in the ineligibility of the entire Household for AFDC-UP. However, the EAS needs to evaluate the family for regular AFDC.

A. The family/Assistance unit may not have received AFDC-UP benefits in Wyoming for a total of six (6) months in a twelve (12) month period.

B. The principal wage earner is the parent who earned the most Gross income in the Family unit as demonstrated by tax and wage information from the previous two years (24 months) starting with the month before application. If both parents earned exactly the same amount of gross Income, the EAS must designate the PWE.

C. The applicant principal wage earner must have been:

1. Unemployed for 30 days prior to the receipt of AFDC-UP, or

2. If employed, have worked less than 100 hours in the 30 day period prior to the receipt of AFDC-UP. The EAS is to use the HOOW screen to determine the date of entitlement; and

D. The recipient principal wage earner:

1. Must be employed less than 100 hours per month, or

2. Exceeds 100 hour standard for a particular month and the excess is of a temporary nature as evidenced by:

a. The fact that s/he was under the 100 hour standard for the prior two months, and

b. Is expected to be under the standard during the following month; and

E. The principal wage earner has not, without good cause within a 30 day period prior to the receipt of such aid, refused a bona fide offer of employment or training for employment. The agency must make a determination that such offer was actually made and the parent given the opportunity to explain why such offer was not accepted (Refer to Section 5006.04).

F. The principal wage earner who is a recipient must not refuse a Bona fide offer of employment without Good cause (Refer to Section 5006.04).

G. The principal wage earner has six or more quarters of employment/training within any 13 Quarter period ending within one year prior to the application for AFDC, or has within such one year period, received unemployment compensation under an unemployment compensation law of any state or was qualified for such compensation under a state's unemployment compensation law; and

H. The principal wage earner has registered and is currently registered with Job Service, and

I. The principal wage earner must file for and, if eligible, accept Unemployment Insurance Benefits; and

J. The nonexempt PWE must participate during application in intensive job search 20 hours per week (35 hours in welfare reform pilot counties) for the first two payment month of AFDC-UP eligibility.

5505.01 Eligible Persons
Determine whether each applicant/recipient is eligible or ineligible for assistance.

A. Potentially Eligible
An Intact family when both parents have a child(ren) in common and the PWE meets the unemployment criteria.

B. Ineligible
Consider the following persons ineligible:

1. A couple with no children in common.

2. An assistance unit/family who has received AFDC-UP for a total of 6 months in a 12 month period.

3. An entire household when the PWE:

a. Who is an applicant has not been unemployed or 30 days or, if employed, has not worked under 100 hours prior to the receipt of AFDC-UP; or

b. Who as a recipient has been employed more than 100 hours in a particular month and the employment is not of an intermittent nature; or

c. Is an Alien legally admitted on a temporary basis unless the PWE has INS authorization to work and meets the quarters of work requirements. In these cases, the PWE's needs are not counted but other members of the family may receive assistance.

d. Is an Illegal alien

e. Without good cause terminated or reduced employment within 30 days of application (see 5006.04), or

f. Refuses a bona fide offer of employment without good cause (see 5006.04), or

g. Refuses to apply for and/or accept Unemployment Insurance Benefits (UIB), or

h. Does not meet the quarters of employment requirement, or

i. Refuses to register and/or maintain current registration with , or

j. Refuses to sign to sign a Work Requirement Agreement (DFS-573) as an Eligibility factor in basic and full service areas; and/or

k. Refuses to participate during application in intensive job search 20 hours per week (35 hours in welfare reform pilot counties) for the first two payment months of AFDC-UP eligibility when nonexempt..

4. The entire household when either parent is unemployed as a result of Participating in a strike as defined by State law and the National Labor Relations Board.

5. The household member who failed to cooperate and had agreed at the end of the first two months of AFDC-UP eligibility to participate at least 20 hours per week (35 hours in welfare reform pilot counties) in a federally required component when the PWE did not become employed in the first two months.

5505.09 Deprivation
In the unemployed parent program, find the deprivation factor met when the principal wage earner has met the following requirements.

A. The applicant PWE must have been unemployed for at least 30 days prior to the receipt of AFDC-UP, or

B. If employed has worked less than 100 hours in a 30 day period prior to the receipt of AFDC-UP, and

C. The recipient PWE must be working less than 100 hours in a month, or

D. If working more than 100 hours, the employment must be of an intermittent nature and the excess is of a temporary nature. The fact that the PWE was under the 100 hour standard for the prior two months and is expected to be under the standard during the next month is considered evidence that the work is of a temporary nature.

5505.13 Child support
In addition to the appropriate child Support criteria listed in 5005.13, request that a DFS-543, Report of Absent parent Form, be completed against the unemployed father if the parents are not married or were not married between the time the child was conceived and the birth of the child in order that CSES can pursue the legal establishment of paternity.

5505.14 WOW

A. Referral, Exempt, Nonexempt and Target Population

Use the criteria specified in 5005.14, 5604.01 and:

1. Nonexempt Parents in an AFDC-UP Case

a. The nonexempt principal wage earner must participate during application in job search at least 20 hours per week (35 in welfare reform pilot counties) for the first two months of AFDC-UP eligibility.

(1) Deny the application when the PWE refuses to cooperate with the requirement at application; or

(2) Terminate the case due to noncooperation when a benefit is received as failure to cooperate will cause the case to be ineligible from the date of entitlement; and

(3) Establish an overpayment; and

(4) Initiate recovery of the overpayment; and

(5) Count the month(s) in which a benefit was received toward the six months of AFDC-UP eligibility.

b. One of the parents must agree, at the end of the first two months of AFDC-UP eligibility, to participate at leas 20 hours per week (35 in welfare reform pilot counties) in a federally required component when the PWE did not become employed in the first two months or be subject to a WOW sanction.

5505.16 Welfare Reform
Apply the policy at 5005.16 for Educational Limitations and Work/Work Experience Requirements, as appropriate.

5509.00 Review of Eligibility
Use the criteria specified in 5009 and:

5509.01 Redetermination/Periodic review
Conduct a redetermination of eligibility whenever a Change in circumstance(s) which may affect the grant is reported. In addition, for AFDC-UP cases, review the following:

A. 100 Hour Standard

Verify monthly that the PWE is unemployed or if employed he/she is:

1. Working less than 100 hours per month, or

2. If working more than 100 hours in one month, the work is intermittent and the excess is of a temporary nature as evidenced by the fact he/she was under the 100 hours the two previous months and is expected to be under the 100 hours in the following month.

B. Division of Workforce Solutions () Registration

In all counties, current registration with must be verified at least once every 60 days (every other month) unless actively participating in WOW.

C. First Two Month of Eligibility

Verify that the principal wage earner is participating in job search for at least 20 hours per week (35 hours per week in welfare reform pilot counties) or the case must be terminated.

D. Third - Sixth Month of Eligibility

Verify the household member who agreed at the end of the first two months of AFDC-UP eligibility is participating at least 20 hours per week (35 hours per week in welfare reform pilot counties) in a federally required component when the PWE did not become employed in the first two months.