DCF 101.09(2)(c)1.1. An alien lawfully admitted to the United States for permanent residence under the immigration and nationality act, 8 USC 1101 et seq. DCF 101.09(2)(c)5.5. An alien who is paroled into the United States under section 212(d)(5) of the immigration and nationality act, 8 USC 1182(d)(5), for a period of at least one year. DCF 101.09(2)(c)6.6. An alien whose deportation is being withheld under section 243(h) of the immigration and nationality act, 8 USC 1253 as in effect March 31, 1997, or section 241(b)(3) of the act, 8 USC 1231(b)(3). DCF 101.09(2)(c)7.7. An alien who is granted status as a Cuban and Haitian entrant, as defined in section 501(e) of the refugee education assistance act of 1980, 8 USC 1522(note). DCF 101.09(2)(c)8.8. An American Indian born in Canada who is at least 50% American Indian by blood. DCF 101.09(2)(c)9.9. An American Indian born outside of the United States who is a member of a federally-recognized Indian tribe. DCF 101.09(2)(c)10.10. An alien who has been battered or whose child has been battered, who is no longer residing in the same household with the batterer, and who meets the requirements of 8 USC 1641(c). DCF 101.09(2)(c)11.11. An alien who is granted conditional entry pursuant to section 203(a)(7) of the immigration and nationality act, 8 USC 1153(a)(7), as in effect prior to April 1, 1980. DCF 101.09(2)(c)12.12. An alien who is admitted to the United States as an Amerasian immigrant, as described in section 584 of the foreign operations, export financing, and related programs appropriations act of 1988, 8 USC 1101(note). DCF 101.09(2)(c)13.13. An alien who is lawfully residing in the United States and is one of the following: DCF 101.09(2)(c)13.a.a. An armed forces veteran who received an honorable discharge that was not on account of alienage and who completed either 24 months of continuous active duty or the full period for which the individual was called, unless the individual received a hardship discharge under 10 USC 1173, early discharge under 10 USC 1171, or a discharge due to a disability incurred or aggravated in the line of duty. DCF 101.09(2)(c)13.b.b. On active duty in the armed forces of the United States, other than active duty for training. DCF 101.09(2)(c)13.c.c. The spouse of an individual described in subd. 13. a. or b., or the unremarried surviving spouse of an individual described in subd. 13. a. or b. if the marriage was for one year or more or the individuals had a child in common. DCF 101.09(2)(c)14.14. An alien who is lawfully residing in the United States and authorized to work by the immigration and naturalization service. DCF 101.09(2)(e)1.1. Subject to subd. 2. and ch. DCF 102, every parent in the individual’s Wisconsin works group fully cooperates in good faith with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible unless the W-2 agency determines that the parent has good cause for failing to cooperate pursuant to ch. DCF 102. DCF 101.09(2)(e)2.2. An individual who is a member of a Wisconsin works group that fails 3 times without good cause to meet the requirements in ch. DCF 102 remains ineligible until all the members of the Wisconsin works group cooperate or for a period of 6 months, whichever is later. DCF 101.09(2)(f)(f) The individual furnishes the Wisconsin works agency with any relevant information that the Wisconsin works agency determines is necessary under s. DCF 101.08 within 7 working days after receiving a request for the information from the Wisconsin works agency. The Wisconsin works agency may extend the 7 working day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency. DCF 101.09(2)(g)(g) The individual has made a good faith effort, as determined by the Wisconsin works agency on a case-by-case basis, to obtain unsubsidized employment and has not refused any bona fide offer of employment within the 180 days immediately preceding application for a W-2 employment position. DCF 101.09(2)(h)(h) If the individual has applied for Wisconsin works within the 180 days immediately preceding the current application, the individual has cooperated with the efforts of a Wisconsin works agency to assist the individual in obtaining unsubsidized employment. DCF 101.09(2)(k)(k) On the last day of the month, the individual is not participating in a strike. DCF 101.09(2)(L)(L) The individual applies for or provides a social security account number. DCF 101.09(2)(m)(m) The individual reports any change in circumstances that may affect the individual’s eligibility to the Wisconsin works agency within 10 days after the change. DCF 101.09(2)(n)(n) The individual, or any other adult member of the individual’s Wisconsin works group, has not exceeded the lifetime limit on program participation or receipt of benefits under s. DCF 101.095. DCF 101.09(2)(o)(o) No other individual in the W-2 group is a participant in a W-2 employment position. This paragraph does not apply to an individual applying for a job access loan. DCF 101.09(2)(p)(p) The individual cooperates in providing information needed to verify enrollment information or good cause for the Learnfare program under s. 49.26, Stats., and s. DCF 101.25. DCF 101.09(2)(q)(q) The individual cooperates in the requirement to search for unsubsidized employment throughout the individual’s participation in a Wisconsin works employment position. DCF 101.09(2)(r)(r) The individual cooperates in applying for other public assistance programs or resources that the FEP believes may be available to the individual. DCF 101.09(2)(s)(s) The individual cooperates with providing eligibility information under this chapter for other members of the W-2 group. DCF 101.09(3m)(a)(a) Asset limits. An individual is eligible for a Wisconsin works employment position and job access loan only if the individual is a member of a Wisconsin works group whose assets do not exceed $2,500 in combined equity value. Except as provided in par. (c), in determining the combined equity value of assets under this subsection, the W-2 agency shall exclude all of the following: DCF 101.09(3m)(a)1.1. The equity value of vehicles up to a total equity value of $10,000. In this subdivision, “equity value of vehicles” means the trade-in value of the vehicles as given in a standard guide on motor vehicle values or as estimated by a sales representative at a local car dealership, minus any debts secured by the vehicles. DCF 101.09(3m)(a)2.2. One home that serves as the homestead for the Wisconsin works group that is valued at no more than 200 percent of the statewide median value for homes. In calculating the value of the homestead, the W-2 agency shall exclude the value of agricultural land owned by the Wisconsin works group. In this subdivision, “agricultural land” includes buildings and improvements that are devoted primarily to agricultural use and the land necessary for their location and convenience. DCF 101.09(3m)(b)(b) Sponsored alien. When an individual is a sponsored alien pursuant to 8 USC 1183a, the sponsor’s resources shall be attributed to the sponsored alien as provided under 8 USC 1631. DCF 101.09(3m)(c)(c) Hardship exemption. In determining the combined equity value of an individual’s assets under par. (a), a W-2 agency shall exclude one home, valued at any amount, that serves as the homestead for the Wisconsin works group if the W-2 agency determines that the individual qualifies for a hardship exemption based on any of the following: DCF 101.09(3m)(c)1.1. No member of the Wisconsin works group has the legal right to sell the home. Limitations include any of the following: DCF 101.09(3m)(c)1.b.b. The home is jointly owned with a person who is not in the Wisconsin works group and who refuses to consent to the individual in the Wisconsin works group selling their share. DCF 101.09(3m)(c)2.2. The individual had a recent sudden loss of income due to death, divorce, separation, or nonpayment of child support. DCF 101.09(3m)(c)3.3. The Wisconsin works group includes an incapacitated adult or a disabled child. DCF 101.09(3m)(c)4.4. The individual is or has been a victim of domestic abuse or is at risk of further domestic abuse, the home is jointly owned with the abuser, and the abuser is not a member of the Wisconsin works group. The W-2 agency shall administer the domestic abuse screening under s. DCF 101.15 (3) (b) to determine the individual’s eligibility for this exemption if the individual is otherwise financially eligible under this subsection and sub. (4). DCF 101.09(4)(a)(a) An individual is eligible for a Wisconsin works employment position and job access loan only if the individual is a member of a Wisconsin works group whose gross income is at or below 115% of the poverty line. DCF 101.09(4)(b)(b) Except as provided in par. (c), the W-2 agency shall include all of the following in calculating the gross income of an individual who is a member of a Wisconsin works group: DCF 101.09(4)(b)2.2. The income of the individual’s nonmarital coparent or spouse, if the individual’s nonmarital coparent or spouse resides in the same home as the dependent child. DCF 101.09(4)(c)(c) In calculating the gross income of an individual who is a member of a Wisconsin works group, the W-2 agency shall exclude all of the following: DCF 101.09(4)(c)1.1. Any payments or benefits made under any federal law that specifically exempts such payments or benefits from being considered in determining eligibility for any federal means-tested program. DCF 101.09(4)(c)2.2. Any federal earned income tax credit received under section 32 of the Internal Revenue Code as defined in s. 71.01 (6), Stats. DCF 101.09(4)(c)4.4. Any student financial aid received under any federal or state program. DCF 101.09 HistoryHistory: Cr. Register, October, 1997, No. 502, eff. 11-1-97; r. and recr. (2) (d), am. (2) (n) (intro.) and (3) (b) 2. a., r. (3) (b) 2. b., Register, January, 2001, No. 541, eff. 2-1-01; CR 02-050: r. and recr. (2) (c) and (e) 1., am. (2) (e) 2., (n) (intro.), and (3) (b) 2. a. Register January 2003 No. 565, eff. 2-1-03; corrections in (2) (e), (f), (n) (intro.) and (p) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 18-016: r. and recr. (2) (n) Register October 2021 No. 790, eff. 11-1-21; CR 21-090: am. (1), r. (3), cr. (3m), (4) Register July 2022 No. 799, eff. 8-1-22; correction in (3m) (c) 4., (4) (c) 4. made under s. 35.17, Stats., Register July 2022 No. 799; CR 21-091: am. (2) (c) (intro.), (m), (q) Register July 2022 No. 799, eff. 8-1-22. DCF 101.095DCF 101.095 Lifetime limit on program participation or receipt of benefits. DCF 101.095(1)(1) Lifetime limit of 48 months. Beginning on the date on which an 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 combination of the following may not exceed 48 months, whether or not consecutive, except as otherwise provided in this section: DCF 101.095(1)(c)(c) Any TANF-funded program in this state or any other state, if the individual received benefits attributable to funds provided by the federal government while in that program. DCF 101.095 NoteNote: 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. DCF 101.095(2)(2) Adult Wisconsin works group members. Except as provided in sub. (4), if an individual was an adult member of a Wisconsin works group during a month in which any member of the Wisconsin works group participated in a W-2 employment position, the W-2 agency shall include that month in the calculation of the total number of months of the individual’s participation or receipt of benefits for purposes of this section. DCF 101.095(3)(3) Months included. A W-2 agency shall include a month in which a JOBS program participant or W-2 participant received a reduced monthly AFDC or W-2 benefit or no monthly AFDC or W-2 benefit due to a sanction under the JOBS program or s. DCF 101.18 (1) (b) or (c) or 101.21 in the calculation of the total number of months of the individual’s participation or receipt of benefits for purposes of this section. DCF 101.095(4)(4) Months excluded. When calculating the total number of months of an individual’s participation or receipt of benefits for purposes of this section, a W-2 agency shall exclude, to the extent permitted under federal law, any month in which the individual was 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: DCF 101.095(4)(a)(a) At least 1,000 individuals were living on the reservation or in the village or Indian country. DCF 101.095(4)(b)(b) At least 50 percent of the adults living on the reservation or in the village or Indian country were unemployed. DCF 101.095(5)(5) Criteria for extension of the 48-month lifetime limit. A W-2 agency may, subject to subs. (6) and (7), extend the 48-month lifetime limit under sub. (1) if the agency determines that the individual meets the conditions in par. (a) or (b) as follows: DCF 101.095(5)(a)(a) Hardship. The individual is experiencing hardship due to any of the following: DCF 101.095(5)(a)1.1. The individual is unable to work due to a personal disability or incapacitation. DCF 101.095(5)(a)2.2. The individual needs to remain at home to care for a member of the individual’s Wisconsin works group whose incapacity is so severe that without in-home care provided by the individual the health and well-being of the Wisconsin works group member would be significantly affected. DCF 101.095(5)(a)3.3. The individual has significant limitations to employment such as any of the following: DCF 101.095(5)(a)3.a.a. Low achievement ability, learning disability, or emotional problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment but are not sufficient to meet the criteria for eligibility for supplemental security income under 42 USC 1383c or social security disability insurance under 42 USC 401 to 433. DCF 101.095(5)(a)3.b.b. Family problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment. DCF 101.095(5)(a)4.4. The individual has made all appropriate efforts to find work and is unable to find employment because local labor market conditions preclude a reasonable job opportunity. In this subdivision, “reasonable job opportunity” means a job that pays at least minimum wage and conforms to all applicable federal and state laws. The W-2 agency shall document at least one of the following: DCF 101.095(5)(a)4.a.a. The inability of W-2 participants with similar skills, or engaged in job searches in similar geographic and occupational areas, to find unsubsidized jobs. DCF 101.095(5)(a)4.b.b. The unavailability of jobs in labor market sectors that match the individual’s skills, as supported by specific examples of layoffs in these labor market sectors or by labor market data published by the department of workforce development or the United States department of labor. DCF 101.095(5)(a)4.c.c. The unavailability of jobs in the labor market within a reasonable distance and travel time of the individual’s home, as supported by specific examples of layoffs in this labor market or by labor market data published by the department of workforce development or the United States bureau of labor statistics. DCF 101.095(5)(a)5.5. 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. DCF 101.095(5)(b)(b) Battered or subjected to extreme cruelty. The individual’s Wisconsin works group includes a member who has been battered or subjected to extreme cruelty based on the fact that the member has been subjected to any of the following: DCF 101.095(5)(b)1.1. Physical acts that resulted in, or threatened to result in, physical injury to the individual.
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Chs. DCF 101-199; Family and Economic Security
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