Wisconsin Legislature: DCF 101.095(1)(a)

(3m) Financial eligibility; resource limitations.

(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:

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.

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.

(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.

(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:

1. No member of the Wisconsin works group has the legal right to sell the home. Limitations include any of the following:

a. The home is subject to pending litigation.

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.

2. The individual had a recent sudden loss of income due to death, divorce, separation, or nonpayment of child support.

3. The Wisconsin works group includes an incapacitated adult or a disabled child.

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).

(4) Financial eligibility; income limitations.

(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.

(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:

1. All earned and unearned income of the individual.

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.

3. If the individual is a sponsored alien pursuant to 8 USC 1183a, the income of the sponsor and the sponsor’s spouse as provided under 8 USC 1631.

(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:

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.

2. Any federal earned income tax credit received under section 32 of the Internal Revenue Code as defined in s. 71.01 (6), Stats.

3. Any state earned income tax credit received under s. 71.07 (9e), Stats.

4. Any student financial aid received under any federal or state program.

5. Any scholarship used for tuition and books.

6. Any Wisconsin works employment position wages or benefits under s. 49.148, Stats.

7. Income earned by a dependent child of the individual.

History: 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 101.095 Lifetime limit on program participation or receipt of benefits.

(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:

(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, if 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), 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.

(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.

(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:

(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, 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:

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

1. The individual is unable to work due to a personal disability or incapacitation.

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.

3. The individual has significant limitations to employment such as any of the following:

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.

b. Family problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment.

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:

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.

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.

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.

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.

(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:

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

2. Sexual abuse.

3. Sexual activity involving a dependent child.

4. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities.

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

6. Mental abuse.

7. Neglect or deprivation of medical care.

(6) Length of the extension period. A Wisconsin Works agency may grant an extension to the lifetime limit on program participation or benefit receipt under this section for a time period of no more than 6 consecutive months.

(7) Maximum number of extension periods. A Wisconsin works agency may determine the appropriate number of extensions to the lifetime limit on program participation or benefit receipt under this section.

(8) Department review. The department may review, approve, or overturn a W-2 agency’s determination regarding an extension of the lifetime time limit on program participation or benefit receipt under this section.

History: CR 18-016: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (4) (intro.) made under s. 35.17, Stats., Register October 2021 No. 790.

DCF 101.10 Temporary absence.

(1) Denial of assistance for a dependent child who is absent from the home for a significant period. A dependent child may be absent from the custodial parent’s home but still be considered under the care of the custodial parent if the following conditions are met:

(a) The dependent child will not be or has not been continuously absent for more than 3 months and the child is expected to return to the custodial parent’s home.

(b) The absence is not the result of removal of the child under a dispositional order issued under s. 48.355, Stats., which places custody of a child outside the home for an indefinite period or a period of 3 months or more.

(c) The custodial parent continues to exercise responsibility for the care and control of the child. If an individual is receiving kinship care payments under s. 48.57 (3m), Stats., for the care of the child, the child is not considered to be under the care and control of the custodial parent.

(2) Denial of assistance for custodial parent who fails to notify the w-2 agency of absence of child. A custodial parent of a dependent child who fails to notify the Wisconsin works agency of the absence of the dependent child from the home for the period specified in sub. (1) (a), by the end of the 5-day period that begins with the date that it becomes clear to the custodial parent that the dependent child will be absent for such period so specified or provided for, is not eligible for W-2.

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 21-091: am. (1) (c) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.11 Verification.

(1) The W-2 agency shall verify that an individual meets nonfinancial and financial eligibility criteria under s. DCF 101.09 (2) to (4) prior to placing the individual in a Wisconsin works employment position or other appropriate eligibility criteria prior to providing any other W-2 benefit or service.

(2) If the individual does not have the power to produce verification, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the verification.

(3) No eligibility shall exist when an individual has the power to produce required verification as determined by the W-2 agency but refuses or fails to do so.

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (1), Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-090: am. (1) Register July 2022 No. 799, eff. 8-1-22; CR 21-091: am. (1) Register July 2022 No. 799, eff. 8-1-22; merger of (1) treatments by CR 21-090 and CR 21-091 made under s. 13.92 (4) (bm), Stats., Register July 2022 No. 799.

DCF 101.12 Eligibility date. The eligibility date for a W-2 employment position wage or benefit payment is the date the applicant has met all W-2 eligibility requirements and has begun participating in a W-2 employment position.

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.

DCF 101.13 Review of eligibility. A W-2 agency shall periodically review an individual’s eligibility. A Wisconsin works employment position participant remains eligible under s. DCF 101.09 (3m) and (4) until the W-2 group’s assets or income is expected to exceed the asset or income limits under s. DCF 101.09 (3m) or (4) for at least 2 consecutive months.

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. Register, January, 2001, No. 541, eff. 2-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-090: am. Register July 2022 No. 799, eff. 8-1-22.

DCF 101.14 Employer criteria.

(1) The W-2 agency shall ensure that an employer providing a Wisconsin works employment position meets criteria as specified under subs. (2) to (3) in order to employ a participant in a W-2 employment position. An employer that does not meet the criteria established under this section is ineligible to receive any subsidy for any position provided to a participant.

(2) Trial employment match program job. An employer that employs a participant in the trial employment match program shall agree to do all of the following:

(a) Pay the participant the amount established by contract but not less than minimum wage for every hour actually worked.

(b) Make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated.

(d) Inform the participant of the participant’s possible eligibility for federal and state earned income tax credits.

(e) Provide the same education and training opportunities as that provided to similar, unsubsidized employees of the employer and consider providing or arranging for additional education and training opportunities as appropriate.

(f) Comply with the grievance procedure in s. DCF 101.055 for regular employees of the worksite to resolve complaints of employment displacement by a W-2 participant under s. DCF 101.05 (9).

(3) Community service job and transitional placement employers. A CSJ or transitional placement employer shall agree to do all of the following:

(a) Provide a structured work environment which includes close supervision and a willingness to mentor and coach CSJ and transitional placement employees to succeed in the workplace.