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DCF 101.23(1)(b) (b) “Client error" means an error caused by an individual who is a member of a W-2 or AFDC group reporting incorrect information or failing to report information due to misunderstanding or mistake that results in an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats.
DCF 101.23(1)(c) (c) “Complies with the payment schedule" as used in s. 49.195 (3m) (h), Stats., means the debtor submits each payment due on an overpayment so that it is received by the department by the due date every month over the life of the debt.
DCF 101.23(1)(d) (d) “Debtor" means a liable person who received an overpayment of benefits under s. 49.148, 49.155, 49.157, or 49.19, Stats., and has not repaid it in full.
DCF 101.23(1)(e) (e) “Disposable earnings" means that part of the earnings of any debtor after the deduction from those earnings of any amounts required by law to be withheld, any life, health, dental or similar type of insurance premiums, union dues, any amount necessary to comply with a court order to contribute to the support of minor children, and any levy, wage assignment, or garnishment executed prior to the date of a levy under this section.
DCF 101.23(1)(f) (f) “Intentional program violation" means an individual who is a member of a W-2 or AFDC group intentionally made a false or misleading statement or misrepresented, concealed, or withheld facts that resulted in an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats. An intentional program violation may be determined based on an administrative hearing, a court finding, a signed waiver of an administrative hearing for an alleged intentional program violation, or a consent agreement in lieu of prosecution based on the same facts or events as the intentional program violation.
DCF 101.23(1)(g) (g) “Overpayment" or “debt" means any benefit or payment received under s. 49.148, 49.155, 49.157, or 49.19, Stats., in an amount greater than the amount that the individual, AFDC assistance group, or W-2 group was eligible to receive under applicable statutes and rules, regardless of the reason for the overpayment. An overpayment may be the result of client error, administrative error, or intentional program violation.
DCF 101.23(1)(h) (h) “Recoupment" means the process of repayment of an overpayment by the department withholding a portion of a W-2 participant's grant under s. 49.148, Stats.
DCF 101.23(2) (2) Overpayment determination and notice.
DCF 101.23(2)(a) (a) A county, tribal governing body, W-2 agency, or the department shall determine whether an overpayment has been made under s. 49.148, 49.155, 49.157, or 49.19, Stats., and if so, the amount of the overpayment.
DCF 101.23(2)(b) (b) The county, tribal governing body, W-2 agency, or department shall send notice of the overpayment at the address of a debtor as it appears on the records of the department. Documentation that a county, tribal governing body, W-2 agency, or the department properly mailed the notice to the address of the debtor as it appears on the records of the department and that it was not returned as undeliverable shall be prima facie evidence that notice was delivered and received.
DCF 101.23(2)(c) (c) The notice shall include the reason for the overpayment, the time period in which the overpayment occurred, the amount of the overpayment, and notice of the right to appeal the overpayment determination.
DCF 101.23(2)(d) (d) The department shall give the debtor an opportunity for review following the procedure specified under s. 49.152 (2), Stats., if the debtor received the overpayment under s. 49.148 or 49.157, Stats., or for a hearing under ch. 227, Stats., if the debtor received an overpayment under s. 49.155 or 49.19, Stats.
DCF 101.23(3) (3) Liability.
DCF 101.23(3)(a)(a) Liability shall extend to any parent, nonmarital coparent, or stepparent whose family receives benefits under s. 49.148, 49.155, 49.157, or 49.19, Stats., during the period that he or she is an adult member of the same household, but his or her liability is limited to such period. For the purpose of determining liability for an overpayment of a child care subsidy under s. 49.155, Stats., “parent" has the meaning given in s. 49.155 (1) (c), Stats.
DCF 101.23(3)(b) (b) Liability for repayment of an overpayment shall be joint and several.
DCF 101.23(3)(c) (c) Liability for overpayments caused by administrative error shall be limited to one year prior to the date that the agency or department discovers the error for overpayments determined on or after August 1, 2005.
DCF 101.23(4) (4) Simultaneous collection. A county, tribal governing body, W-2 agency, or the department may recover an overpayment by more than one method of collection at the same time.
DCF 101.23(5) (5) Recoupment from current w-2 participants.
DCF 101.23(5)(a) (a) Administrative error and client error.
DCF 101.23(5)(a)1. 1. If any overpayment of benefits paid under s. DCF 101.18 (1) (b) or (c) is due to administrative error or client error, the W-2 agency or the department shall recoup the overpayment from a debtor who continues to receive benefits under s. DCF 101.18 (1) (b) or (c) by reducing the amount of the benefits amount by no more than 10%.
DCF 101.23(5)(a)2. 2. The debtor may make a voluntary repayment in addition to the amount withheld from the benefit under subd. 1.
DCF 101.23(5)(a)3. 3. The county, tribal governing body, or W–2 agency shall ask a debtor who has received an overpayment to voluntarily repay the overpayment. If the debtor fails to pay voluntarily, the county, tribal governing body, or W–2 agency shall refer the debt to the department for further collection efforts.
DCF 101.23(5)(b) (b) Overpayments caused by intentional program violations. If an overpayment of benefits under s. DCF 101.18 (1) (a), (b), or (c), is the result of an intentional violation of ss. 49.141 to 49.161, Stats., or this chapter, the W–2 agency or the department shall recoup the overpayment from the debtor by deducting an amount from the debtor's benefits received under s. DCF 101.18 (1) (a), (b), or (c) until the overpayment is recovered. The amount to be deducted each month may not exceed the following:
DCF 101.23(5)(b)1. 1. For intentional program violations resulting in an overpayment that is less than $300, the amount to be deducted may not exceed 10% of the monthly benefit payment.
DCF 101.23(5)(b)2. 2. For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, the amount to be deducted may not exceed $75.
DCF 101.23(5)(b)3. 3. For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, the amount to be deducted may not exceed $100.
DCF 101.23(5)(b)4. 4. For intentional program violations resulting in an overpayment that is $2,500 or more, the amount to be deducted may not exceed $200.
DCF 101.23(6) (6) Trial job overpayments. The W–2 agency shall recover any overpayment of benefits paid under s. DCF 101.18 (1) (a) from the debtor. The W-2 agency may not recover more than the amount that the W-2 agency or the department paid in wage subsidies for the debtor while the debtor was ineligible to participate under s. DCF 101.16 (2). The W–2 agency shall ask a former participant in a trial job who received overpayments to voluntarily repay the overpayment. If a former participant does not voluntarily repay the overpayment, the W–2 agency shall refer the debt to the department for further collection action.
DCF 101.23(7) (7) Effect of restitution payments. A debtor's payments to the department as part of a restitution agreement under s. 973.20, Stats., arising out of the facts or events that are the basis for the overpayment owed to the department shall be applied to the liability owed to the department, but a debtor's completion of probation or fulfillment of the restitution agreement shall not limit or impair the ability of the department to collect any remaining balance on the debt.
DCF 101.23(8) (8) Delinquency. A debt shall be considered delinquent if the department does not receive a debtor's payment by the due date 3 times over the life of the debt. A delinquent debt may be subject to warrant and execution under s. 49.195 (3m), Stats.; levy under s. 49.195 (3n), Stats.; setoff against a refund under ss. 49.85 and 71.93, Stats.; and other authorized collection methods. The department may recover a delinquent debt by more than one means of collection at the same time. A delinquent debt retains delinquent status regardless of any future payment on the debt.
DCF 101.23 Note Note: The limitation on using warrant and execution and levy only when a debtor has not complied with the payment schedule 3 times is not required by statute. Because the department is limiting the use of warrant and execution and levy to debtors who have not complied with a payment schedule, the withdrawal of a warrant when the debtor does comply with the payment schedule under s. 49.195 (3m) (h), Stats., will not occur.
DCF 101.23(9) (9) Warrant and execution under section 49.195 (3m), stats.
DCF 101.23(9)(a)(a) Creation of lien.
DCF 101.23(9)(a)1.1. If a debt for repayment of an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats., is delinquent under sub. (8) and no review or appeal rights under sub. (2) are pending and the time for requesting a review has expired, the department may issue a warrant directed to the clerk of circuit court of any county.
DCF 101.23(9)(a)2. 2. The clerk of circuit court shall enter in the judgment and lien docket the name of the debtor named in the warrant, the amount for which the warrant is issued, and the date on which the clerk entered the information.
DCF 101.23(9)(a)3. 3. The department shall pay the fees required under s. 814.61 (5), Stats., for entering the warrant and shall collect the fees from the debtor named in the warrant when satisfaction or release is presented for entry.
DCF 101.23(9)(a)4. 4. A warrant issued under subd. 2. shall be considered in all respects a final judgment constituting a perfected lien upon the debtor's right, title, and interest in all real and personal property located in the county in which the warrant is entered.
DCF 101.23(9)(a)5. 5. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., when a warrant has been issued. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not withdraw a warrant based on a request for hearing.
DCF 101.23(9)(b) (b) Execution of the warrant.
DCF 101.23(9)(b)1.1. After the warrant is issued and no review or appeal rights under par. (a) 4. are pending and the time for requesting a review has expired, the department may file an execution with the clerk of circuit court for filing with the sheriff of the county, commanding the sheriff to execute the warrant and sell sufficient real and personal property of the debtor to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 90 days after receipt of the warrant. The execution may not command the sheriff to levy upon or sell any property that is exempt from execution under ss. 815.18 (3) and 815.20, Stats.
DCF 101.23(9)(b)2. 2. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before property is seized. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not cease enforcement or seizure based on a request for hearing.
DCF 101.23(9)(b)3. 3. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before seized property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, the department shall notify the sheriff that seized property may not be sold before the hearing decision is issued or the hearing request is withdrawn.
DCF 101.23(9)(c) (c) Satisfaction of the warrant. When the amount set forth in the warrant and all costs due the department have been paid to it, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately enter a satisfaction of the judgment on the judgment and lien docket. The department shall send a copy of the satisfaction to the person named in the warrant.
DCF 101.23(10) (10) Levy under section 49.195 (3n), stats.
DCF 101.23(10)(a)(a) Definition. In this subsection, “personal property" means all tangible and intangible property and rights to such property that is not real estate, including compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise; periodic payments received pursuant to a pension or retirement program; rents; proceeds of insurance; contract payments; stock and bonds; and accounts in financial institutions.
DCF 101.23(10)(b) (b) Notice prior to levy.
DCF 101.23(10)(b)1.1. If a debt for repayment of an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats., is delinquent under sub. (8) and no review or appeal rights under sub. (2) are pending and the time for requesting a review has expired, the department shall give notice to the debtor that the department may pursue legal action for collection of the debt.
DCF 101.23(10)(b)2. 2. The department shall make the demand for payment and give notice to the debtor at least 10 days prior to the levy, personally or by any type of mail service that requires a signature of acceptance, at the address of the debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including interest and penalties, and the name of the debtor who is liable for the debt.
DCF 101.23(10)(b)3. 3. The debtor's refusal or failure to accept or receive the notice does not prevent the department from making the levy.
DCF 101.23(10)(b)4. 4. Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year of the date of service of the original levy.
DCF 101.23(10)(c) (c) Service of levy and review when property levied.
DCF 101.23(10)(c)1.1. The department may collect the debt and the expenses of the levy by levy upon any personal property belonging to the debtor.
DCF 101.23(10)(c)2. 2. The department shall serve the levy upon the debtor and any 3rd party in possession of or obligated with respect to property or rights to property that is subject to levy by personal service or by any type of mail service that requires a signature of acceptance as provided in s. 49.195 (3n) (m), Stats. The debtor or 3rd party's failure to accept or receive service of the levy does not invalidate the levy.
DCF 101.23(10)(c)3. 3. Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under ch. 227, Stats., within 20 days from the date on the service of levy. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The levy is not stayed pending an appeal where property is secured through the levy.
DCF 101.23(10)(d) (d) Third-party response.
DCF 101.23(10)(d)1.1. Within 20 days from the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation.
DCF 101.23(10)(d)2. 2. Any person in possession of or obligated with respect to personal property or rights to personal property that is subject to levy and upon which a levy has been made shall, upon demand of the department, surrender the personal property or rights or discharge the obligation to the department, except that part of the personal property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.
DCF 101.23(10)(e) (e) Appeal rights before surrendered property is sold. If levied personal property that has been surrendered to the department is not a liquid asset in the form of cash, check, or an equivalent that can be applied to the debt without a sale of the asset, the department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before surrendered property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, surrendered property may not be sold before the hearing decision is issued or the hearing request is withdrawn.
DCF 101.23(10)(f) (f) Exemption rights.
DCF 101.23(10)(f)1.1. The debtor is entitled to an exemption from levy of the greater of the following:
DCF 101.23(10)(f)1.a. a. A subsistence allowance of 75% of the debtor's disposable earnings then due and owing.
DCF 101.23(10)(f)1.b. b. An amount equal to 30 times the federal minimum hourly wage for each full week of the debtor's pay period.
DCF 101.23(10)(f)1.c. c. An amount equal to 60 times the federal minimum hourly wage for a two-week pay period.
DCF 101.23(10)(f)1.d. d. An amount equal to 130 times the federal minimum hourly wage for a monthly pay period.
DCF 101.23(10)(f)2. 2. The first $1,000 of an account in a depository institution is exempt from any levy to recover a benefit overpayment.
DCF 101.23(10)(g) (g) Proceeds.
DCF 101.23(10)(g)1.1. The department shall apply all money obtained under this subsection first against the expenses of the proceedings and then against the liability for which the levy was made and any other liability owed to the department by the debtor.
DCF 101.23(10)(g)2. 2. Whenever the value of any personal property that has been levied upon under this subsection is not sufficient to satisfy the claim of the department, the department may levy upon any additional personal property of the debtor until the debt and expenses of the levy are fully paid.
DCF 101.23(10)(g)3. 3. The department may refund or credit any amount left after the applications under subd. 1., upon submission of a claim for that amount and satisfactory proof of the claim, to the person entitled to that amount.
DCF 101.23(11) (11) Warrant and execution, levy, and tax intercept appeal issues. Any appeal based on a notice in subs. (9) and (10) or a notice of intent to certify a debt for set-off against a state tax refund under s. 49.85, Stats., shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor.
DCF 101.23(12) (12) Threshold for warrant and execution and levy. The minimum amount that must be due before collection proceedings under subs. (9) and (10) may be commenced is $300.
DCF 101.23(13) (13) Waiver. The department may waive recovery of an overpayment under this section if the department has made reasonable efforts to recover the overpayment from the debtor and determines it is no longer cost effective to continue overpayment recovery efforts.
DCF 101.23 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 04-123: r. and recr. Register July 2005 No. 595, eff. 8-1-05; corrections in (5) (a) 1., (b) (intro.) and (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 101.24 DCF 101.24Noncustodial, minor and other custodial parents.
DCF 101.24(1)(1)Noncustodial parents. An individual who would be eligible for W-2 under s. 49.145, Stats., and this chapter except that the individual is the noncustodial parent of a dependent child, is eligible for services provided by the W-2 agency if the dependent child's custodial parent is a participant and if the individual is subject to a child support order. The Wisconsin works agency may provide job search assistance and case management designed to enable eligible noncustodial parents to obtain and retain employment.
DCF 101.24(2) (2) Minor custodial parents. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, community resources, eligibility for food stamps and other food and nutrition programs.
DCF 101.24(3) (3) Other custodial parents. A custodial parent in a Wisconsin works group in which the other custodial parent is a participant in a Wisconsin works employment position is eligible for employment training and job search assistance services provided by the Wisconsin works agency.
DCF 101.24(4) (4) Pregnant women. A pregnant woman whose pregnancy is medically verified who would be eligible under s. 49.145, Stats., and this chapter except that she is not a custodial parent of a dependent child, is eligible for employment training and job search assistance services provided by the Wisconsin works agency.
DCF 101.24 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.
DCF 101.25 DCF 101.25Learnfare.
DCF 101.25(1)(1)Authority and purpose. This section is adopted under the authority of ss. 49.26 (1) (gm) 2. and (h) 1., Stats., to provide rules for the administration of learnfare, a program that requires that all children ages 6 to 17 whose custodial parent is a participant in a W-2 employment position, who are parents or who are residing with a natural or adoptive parent and who have not graduated from high school or received a high school equivalency diploma meet the school attendance requirements and that minor parents, dropouts, returning dropouts and habitual truants participate in case management to meet Wisconsin works participation requirements.
DCF 101.25(2) (2) Applicability. This section applies to:
DCF 101.25(2)(a) (a) All school districts and all W-2 agencies.
DCF 101.25(2)(b) (b) All children ages 6 to 17 included in a W-2 group who are parents or who are residing with a natural or adoptive parent and all W-2 groups which include a child who is a parent or who is residing with a natural or adoptive parent.
DCF 101.25(3) (3) Definitions. In this section:
DCF 101.25(3)(a) (a) “Ceased to attend" means that the child has 20 consecutive full school days of unexcused absences.
DCF 101.25(3)(b) (b) “Child" means a person who is 6 to 17 years old.
DCF 101.25(3)(c) (c) “Dropout" means a child who has ceased to attend school, has not graduated from high school or received a high school equivalency diploma and does not have an acceptable excuse under s. 118.15 (1) (b) to (d) or (3), Stats.
DCF 101.25(3)(d) (d) “Enrolled" means a child is officially registered to attend school.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.