CR 18-016 Rule Text

ii. Any month of receipt of assistance by an adult while living in Indian country (as defined in section 1151 of title 18, United States Code) or a Native Alaskan Village where at least 50 percent of the adults were not employed.

iii. Any month for which an individual receives only noncash assistance.

If a state does not comply with the federal 60-month lifetime limit requirements, 45 CFR 264.2 provides that the State Family Assistance Grant (SFAG) will be reduced by 5 percent in the succeeding fiscal year. A state may avoid the penalty by demonstrating reasonable cause or correcting the violation under a corrective compliance plan. 45 CFR 264.3 (b) provides that a state may receive reasonable cause for failing to comply with the five-year limit on Federal assistance because it granted federally recognized good cause domestic violence waivers, within the meaning of 45 CFR 260.52 (c) and 45 CFR 260.55. The lower lifetime limit, maximum of 2 6-month extensions to the lifetime limit, and removal of local labor market conditions as an extension approval reason will each reduce the proportion of families beyond the federal 60-month lifetime limit therefore lowering the risk of a penalty.

Comparison to Rules in Adjacent States

Illinois

Participation in Illinois’ TANF program is limited to a cumulative total of 60 months in a lifetime. The criteria for an exception to the 60-month lifetime limit on the receipt of TANF cash benefits, include any of the following:

• The client has an application for Supplemental Security Income (SSI) pending and the Department determines the client is probably eligible for SSI.

• The client has a medical barrier that prevents the client from obtaining or retaining employment of at least 30 hours per week.

• The client is in an approved education and training program that will be completed in 6 months or less after the client's 60th month.

• The client is in an intensive service program to help overcome a barrier to work and the client's involvement in the program precludes the ability to obtain or retain employment of at least 30 hours per week.

• The client has a severely disabled child approved for a waiver under the Home & Community Based Care Program.

• The client is the only adult in the assistance unit and is the primary caregiver for a child under age 18, or is the primary caregiver for his or her spouse and the demands of caregiving do not allow the caregiver to obtain or retain employment.

Iowa

Participation in Iowa’s TANF program is limited to a cumulative total of 60 months in a lifetime. A family may receive TANF-funded assistance beyond the 60-month lifetime limit if the family qualifies for a hardship exemption. Iowa defines “Hardship” as a circumstance that prevents the family from being self-supporting, including any of the following:

• Domestic violence. “Domestic violence” means that the family includes someone who has been battered or subjected to extreme cruelty.

• Lack of employability.

• Lack of suitable childcare.

• Chronic or recurring medical conditions or mental health issues, or an accident or disease, when verified by a professional. The applicant or recipient must follow a treatment plan to address the condition or issue.

• Housing situations that make it difficult or impossible to work.

• Substance abuse issues. A family requesting a hardship exemption due to substance abuse shall be required to obtain clinical assessment and follow an intensive treatment plan.

• Having a child whose circumstances require the parent to be in the home.

• Other circumstances which prevent the family from being self-supporting.

There is no limit to the number of extensions that may be approved.

Michigan

Participation in Michigan’s TANF program is limited to a cumulative total of 48 months in a lifetime. Michigan does not allow individuals to extend participation beyond the state lifetime benefit limit.

Minnesota

Participation in Minnesota’s TANF program is limited to a cumulative total of 60 months in a lifetime. The criteria for an extension to the 60-month lifetime limit on the receipt of TANF cash benefits, include any of the following:

• Participants who are employed and are participating in work activities at least 30 hours per week or 55 hours per week for a two-parent family.

• Participants who have verification from their health care provider that the number of hours they may work is limited due to illness or disability may qualify for a hardship extension as long as they work at least the number of hours specified by the health care provider.

• Participants who are hard to employ, including all of the following:

• Persons who have conditions that limit their ability to obtain and retain employment, including developmental disability, mentally illness, learning disability, and IQ below 80.

• Persons who are otherwise unemployable.

• Persons who have family violence waiver.

• Participants with an illness, injury, or incapacity that is expected to last more than 30 days that severely limits the participant’s ability to obtain or maintain suitable employment. Also, participants who are needed to care for a person in their family who meets this criteria.

Analysis Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis

The impact of these proposed rules is limited to agencies administering the Wisconsin works program and families and individuals participating in the Wisconsin works program. No current Wisconsin works agency is a small business as defined s. 227.114 (1), Stats.

The primary impact of the proposed rules is on applicants to, and participants in, the Wisconsin works program who are eligible to receive benefits and services. All reporting and compliance requirements apply only to agencies administering these programs and participants in these programs.

Effect on Small Business

The proposed rules do not affect small businesses under s. 227.114 (1), Stats.

Agency Contact Person

Margaret McMahon, Director, Bureau of Working Families, Division of Family and Economic Security, Department of Children and Families, [phone], [e-mail].

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Debra Cronmiller, Bureau of Working Families, Division of Family and Economic Security, Department of Children and Families, 201 E. Washington Avenue, Madison, WI 53708, or [e-mail]. The comment deadline is March 27, 2018.

SECTION 1. DCF 101.09 (2) (n) (intro.) is amended to read:

DCF 101.09 (2) (n) (intro.) Beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual, or any other adult member of the Wisconsin works group, has actively participated in the JOBS program, has participated in a Wisconsin works employment position, or has participated in any TANF-funded program in this state or any other state and has received TANF cash assistance while in that program does not exceed 60 months. The months need not be consecutive. For purposes of determining the number of monthly benefit payments permitted under s. 49.145 (2) (n), Stats., and this section, a JOBS program participant or W-2 participant shall be considered to have received a monthly benefit in a month in which, as a result of a sanction under the JOBS program or s. DCF 101.18 (1) (b) or (c) or 101.21, a reduced monthly AFDC or W-2 benefit or no monthly AFDC or W-2 benefit is paid. Participation in the job opportunities and basic skills program under s. 49.193, 1997 Stats., on or after October 1, 1996, counts toward the 60-month limit. A Wisconsin works agency may extend the time limit only if the Wisconsin works agency determines that unusual circumstances exist that warrant an extension of the participation period. The department may review, approve, or overturn a W-2 agency's decision related to an extension of the 60-month limit. This paragraph applies only to an individual who was first determined eligible for a Wisconsin works employment position before the effective date of this rule [LRB inserts date]. In this paragraph, “unusual circumstances" means any of the following:

SECTION 2. DCF 101.09 (2) (n), as affected by this rule, is repealed.

SECTION 3. DCF 101.09 (2) (nm) is created to read:

DCF 101.09 (2) (nm) The individual, or any other adult member of the Wisconsin works group, has not exceeded the 48-month lifetime limit on program participation established under s. DCF 101.095. This paragraph does not apply to an individual who was first determined eligible for a Wisconsin works employment position before the effective date of this rule [LRB inserts date].

SECTION 4. DCF 101.09 (2) (nm), as created by this rule, is amended to read:

DCF 101.09 (2) (nm) The individual, or any other adult member of the Wisconsin works group, has not exceeded the 48-month lifetime limit on program participation established under s. DCF 101.095. This paragraph does not apply to an individual who was first determined eligible for a Wisconsin works employment position before the effective date of this rule [LRB inserts date].

SECTION 5. DCF 101.095 is created to read:

DCF 101.095 Time limit on program participation. (1) 48-month lifetime limit. Beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual, or any other adult member of the Wisconsin works group, has participated in, or received benefits under, any of the following or any combination of the following does not exceed 48 months, whether or not consecutive:

(a) The JOBS program under s. 49.193, 1997 Stats., on or after October 1, 1996.

(b) A Wisconsin works employment position.

(c) Any TANF-funded program in this state or any other state and the individual received benefits attributable to funds provided by the federal government while in that program.

Note: Sections 49.148 (1m) (c), Stats., and DCF 101.18 specify the criteria for determining whether receipt of a custodial parent of an infant grant in a month is considered participation in a Wisconsin works employment position for that month.

(2) Adult Wisconsin works group members. Except as provided in sub. (4), in calculating the number of months in which the individual participated under sub. (1), the W-2 agency shall include any month in which any adult member of a W-2 group participated in a W-2 employment position, if the individual was a member of that W-2 group during that month.

(3) Months included. For purposes of determining the number of monthly benefit payments permitted under s. 49.145 (2) (n), Stats., or s. 101.09 (2) (n), and this section, a JOBS program participant or W-2 participant shall be considered to have received a monthly benefit in a month in which, as a result of a sanction under the JOBS program or s. DCF 101.18 (1) (b) or (c) or 101.21, a reduced monthly AFDC or W-2 benefit or no monthly AFDC or W-2 benefit is paid.

(4) Months excluded. In calculating the number of months under sub. (1) or s. 101.09 (2) (n), a W-2 agency shall exclude, to the extent permitted under federal law, any month in which any adult in the W-2 group participated in any activity listed under sub. (1) (a) to (c) while living on a federally recognized American Indian reservation, in an Alaskan Native village or, in Indian country, as defined in 18 USC 1151, occupied by an Indian tribe, if during that month, all of the following applied:

(a) At least 1,000 individuals were living on the reservation or in the village or Indian country.

(b) At least 50 percent of the adults living on the reservation or in the village or Indian country were unemployed.

(5) Criteria for extension of the 48-month lifetime limit. A W-2 agency may extend the 48-month lifetime limit under sub. (1) only if the agency determines that the individual meets the conditions in par. (a) or (b) as follows:

(a) Hardship. The individual is experiencing hardship due to any of the following:

1. The individual is unable to work, based on an independent assessment by a medical professional, division of vocational rehabilitation or similar agency or business, due to a temporary physical or mental impairment, short-term illness, short-term recovery period following an accident, or other personal disability anticipated to improve so that the individual is able to attain employment.

2. The individual is unable to work to due to current participation in a substance abuse treatment program certified to provide treatment for substance abuse under ss. DHS 75.10 to 75.15, or psychosocial rehabilitation services as approved by the department.

(b) Battered or subjected to extreme cruelty. The indidividual is temporarily unable to work because the individual or a member of the Wisconsin works group has been battered, or subjected to extreme cruelty based on the fact that the individual or member of the W-2 group has been subjected to any of the following:

1. Physical acts that resulted in, or threatened to result in, physical injury to the individual.

2. Sexual abuse.

3. Threats of, or attempts at, physical or sexual abuse.

(6) Length of the extension period. An extension to the 48-month lifetime limit granted by the Wisconsin works agency under sub. (1) shall be approved for a period of no more than 6 consecutive months.