DCF 120.05(3)(a)2.e.
e. Loss of W-2 benefits due to a sanction that is subsequently overturned through the dispute resolution process under s.
49.152, Stats.
DCF 120.05(3)(a)3.
3. The emergency assistance group has received at least one of the following notices:
DCF 120.05(3)(a)3.a.
a. A notice terminating tenancy for failure to pay rent that meets the minimum requirements of s.
704.17, Stats.
DCF 120.05(3)(a)3.b.
b. A summons and complaint for an eviction action which is based on failure to pay rent.
DCF 120.05(3)(a)3.d.
d. A summons and complaint for a foreclosure action that is based on failure to pay property taxes or a mortgage.
DCF 120.05(3)(a)3.e.
e. A writ of assistance, notice of sale, or other verifiable documentation that a foreclosure judgment has been entered against a member of the emergency assistance group and the group will be required to vacate the premises imminently.
DCF 120.05 Note
Note:
Section
799.40 (4), Stats., provides: “The court shall stay the proceedings in a civil action of eviction if the tenant applies for emergency assistance under s.
49.138, except that no stay may be granted under this paragraph after a writ of restitution has been issued in the proceedings. If a stay is granted, the tenant shall inform the court of the outcome of the determination of eligibility for emergency assistance. The stay remains in effect until the tenant's eligibility for emergency assistance is determined and, if the tenant is determined to be eligible, until the tenant receives the emergency assistance, except that the stay may not remain in effect for more than 10 working days, as defined in s.
227.01 (14).”
DCF 120.05(3)(b)1.1. The emergency assistance group has received written or oral notice that the group will be removed from their rental housing because of a foreclosure action against the owner.
DCF 120.05(3)(b)2.
2. The removal of the group from the rental housing is scheduled to occur within 30 days.
DCF 120.05(3)(b)3.
3. The group needs emergency assistance to obtain a new permanent living accommodation.
DCF 120.05(3)(c)
(c) The group has to leave its current housing because it is uninhabitable as determined by the local building inspector, the local health department, or other appropriate local authority and the group needs emergency assistance to obtain a new permanent living accommodation.
DCF 120.05(3)(d)
(d) A member of the group was subject to domestic abuse as defined under s.
968.075 (1) (a), Stats., and the group needs emergency assistance to obtain a new permanent living accommodation or retain a current permanent living accommodation.
DCF 120.05(4)
(4) Eligibility due to energy crisis. An emergency assistance group is eligible for assistance due to an energy crisis if all of the following apply:
DCF 120.05(4)(a)
(a) The group has exhausted resources available through the Wisconsin Home Energy Assistance Program, assistance available through a local utility company as required by the public service commission, and any other available energy resources. In this paragraph, “exhausted resources" means either that the group has been denied services from the other sources or other funding sources do not cover the full cost of the group's energy crisis.
DCF 120.05(4)(b)
(b) The group needs financial assistance to obtain or maintain heat, electricity, water, or sewer service provided by a utility company.
DCF 120.05(4)(c)
(c) The lack of, or imminent lack of, utility service providing heat, electricity, water, or sewer is or is likely to be an immediate threat to the health or safety of the group.
DCF 120.05(4)(d)
(d) The energy crisis is due to reasons beyond the control of adult members of the group or constitute good cause as determined by the W-2 agency.
DCF 120.05 Note
Note:
For more information on the Wisconsin Home Energy Assistance Program (WHEAP), call 1-866-HEATWIS (1-866-432-8947) or click on “where to apply" at
http://www.homeenergyplus.wi.gov/. For more information on utility assistance required by the Public Service Commission, see PSC 113, PSC 134, and PSC 185. For concerns about utility service, contact the Public Service Commission at 1-800-225-7729 or the “contact us" section of
http://psc.wi.gov.
DCF 120.05 History
History: Cr.
Register, October, 1999, No. 526, eff. 11-1-99; cr. (1) (em), (f) 5., and (3), renum. (1) (f) 5. to be (1) (f) 6.,
Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
EmR0906: emerg. am. (1) (f) 6. and (3), cr. (3) (b) and (4), eff. 4-22-09;
CR 09-059: am. (1) (f) 6., (2) (c) and (3), cr. (3) (b) to (d) and (4)
Register December 2009 No. 648, eff. 1-1-10;
CR 08-068: am. (1) (c)
Register May 2010 No. 653, eff. 6-1-10.
DCF 120.06
DCF 120.06 Financial eligibility. To be eligible for emergency assistance, all of the following conditions shall be met:
DCF 120.06(1)
(1) Income. The gross income of the emergency assistance group may not exceed 115% of the poverty line. The agency shall determine the amount of income available to the group in accordance with s.
DCF 101.09 (4) except any of the following grants received in the month of the emergency is not counted:
DCF 120.06(1)(b)
(b) Foster care payments under s.
48.62, Stats., if the payment is on behalf of a child who is a relative.
DCF 120.06(2)
(2) Assets. The assets of the emergency assistance group may not exceed $2,500 in combined equity value. In determining the combined equity value of assets under this subsection, the agency shall exclude all of the following:
DCF 120.06(2)(a)
(a) The equity value of vehicles up to a total equity value of $10,000. In this paragraph, “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 120.06(2)(b)
(b) One home that serves as the homestead for the emergency assistance group.
DCF 120.06 History
History: Cr.
Register, October, 1999, No. 526, eff. 11-1-99; corrections in (3) (intro.) and (4) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 09-059: r. and recr.
Register December 2009 No. 648, eff. 1-1-10;
CR 21-090: am. (1), renum. (2) to (2) (intro.) and am., cr. (2) (a), (b)
Register July 2022 No. 799, eff. 8-1-22.
DCF 120.07(1)(1)
An emergency assistance payment for impending homelessness, homelessness, fire, flood, or natural disaster, the emergency assistance payment shall be the lowest of the following 2 amounts:
DCF 120.07(1)(a)
(a) The total of the maximum payment amount per group member for that group size multiplied by the number of members in the emergency assistance group.
DCF 120.07 Note
Note:
The maximum payment amount per group member for impending homelessness, homelessness, fire, flood, or natural disaster is the following:
DCF 120.07 Note
$600 per group member when the group is 2 members.
DCF 120.07 Note
$400 per group member when the group is 3 members.
DCF 120.07 Note
$300 per group member when the group is 4 members.
DCF 120.07 Note
$240 per group member when the group is 5 members.
DCF 120.07 Note
$220 per group member when the group is 6 or more members.
DCF 120.07 Note
Changes to the maximum payment amounts will be announced in the Administrative Register.
DCF 120.07(1)(b)1.
1. The financial need due to impending homelessness shall be unpaid rent and related late fees and court costs.
DCF 120.07(1)(b)2.
2. The financial need due to homelessness shall be the first month's rent, security deposit, and necessary household items.
DCF 120.07(1)(b)3.
3. The financial need due to fire, flood, or natural disaster shall be the total need in all of the following:
DCF 120.07(2)
(2) The emergency assistance payment for energy crisis shall be the lowest of the following:
DCF 120.07(2)(b)
(b) The amount needed to obtain or maintain essential utility service.
DCF 120.07 Note
Note:
The maximum payment amount for energy crisis is $750. Changes to the maximum payment amount will be announced in the Administrative Register.
DCF 120.07 History
History: Cr.
Register, October, 1999, No. 526, eff. 11-1-99; correction in (3) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
EmR0906: emerg. am. eff. 4-22-09;
CR 09-059: r. and recr.
Register December 2009 No. 648, eff. 1-1-10.
DCF 120.08
DCF 120.08 Eligibility determination and payment procedures. DCF 120.08(1)(1)
The agency shall determine eligibility for emergency assistance within 10 working days after receiving a completed application. If the group is found eligible, the agency shall issue a payment to the emergency assistance group within the same 10 working days, except as provided in subs.
(4) and
(5). The payment may be made in the form of cash, a voucher, or a vendor payment.
DCF 120.08(2)
(2) The agency shall notify the applicant in writing of the eligibility determination. If the application is denied, the notice shall include reasons for the denial and information about the opportunity to appeal that decision under s.
DCF 120.10.
DCF 120.08(3)
(3) Emergency assistance payments shall not be used for activities related to or the costs of providing temporary or transitional shelter or housing, except if a group is in need of assistance due to a fire, flood, or natural disaster.
DCF 120.08(4)
(4) If the emergency assistance group's eligibility is due to homelessness under s.
DCF 120.05 (2) or impending homelessness under s.
DCF 120.05 (3) (b) or
(c), the agency shall issue a payment, following the eligibility determination, within 5 working days of the date that the group notifies the agency that a permanent living accommodation has been obtained.
DCF 120.08(5)
(5) Emergency assistance payments for impending homelessness under s.
DCF 120.05 (3) (a) or
(d) may be issued to obtain a new permanent living accommodation or retain a current permanent living accommodation.
DCF 120.08(5)(a)
(a) If an emergency assistance group requests that the emergency assistance payment be made to obtain a new permanent living accommodation, the agency shall issue a payment, following the eligibility determination, within 5 working days of the date that the group notifies the agency that a permanent living accommodation has been obtained.
DCF 120.08(5)(b)
(b) If an emergency assistance group requests that the emergency assistance payment be made to retain a current permanent living accommodation, the W-2 agency shall confirm that the landlord, bank, or local government agrees to waive any right to proceed with an eviction or foreclosure action based on the notice served in consideration for receiving the emergency assistance payment on behalf of the group. The agency shall issue a payment, following the eligibility determination, within 5 days of the date that the agency receives this confirmation from the landlord, bank, or local government.
DCF 120.08(6)
(6) Emergency assistance may be provided to an emergency assistance group once in a 12-month period.
DCF 120.08 History
History: Cr.
Register, October, 1999, No. 526, eff. 11-1-99; cr. (6),
Register, January, 2001, No. 541, eff. 2-1-01;
CR 06-044: am. (1), r. (3), renum. (4) to be (3), cr. (4), renum. (5) to be (6) and am., renum. (6) to be (5),
Register November 2006 No. 611, eff. 12-1-06; corrections in (2), (4) and (5) (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
EmR0906: emerg. am. (4) and (5) (intro.), eff. 4-22-09;
CR 09-059: am. (2), (4) and (5) (intro.)
Register December 2009 No. 648, eff. 1-1-10;
CR 23-073: am. (1) Register September 2024 No. 825, eff. 10-1-24.
DCF 120.085(1)(a)(a) The department shall recover an overpayment of emergency assistance from the emergency assistance group that was overpaid if the department determines that the overpayment resulted from a misrepresentation by a group member regarding any fact that had an effect on the group's eligibility for, or the amount of, the emergency assistance granted.
DCF 120.085(1)(b)
(b) The department shall send a notice of the overpayment determination to the emergency assistance group's address as it appears on the records of the department. The notice shall include the amount and reason for the overpayment and the opportunity for a hearing under ch.
227, Stats. A request for a hearing shall be in writing and received at the address provided on the notice within 30 days after the date printed on the notice.
DCF 120.085 Note
Note:
Neither s.
49.138 (4) (a) nor 49.195 (3), Stats., authorize a review by the W-2 agency.
DCF 120.085(1)(c)
(c) The department shall attempt to recover the overpayment by entering a repayment agreement with the emergency assistance group. If the department does not receive the group's payment on the debt by the due date 3 times over the life of the repayment agreement, the debt shall be considered delinquent.
DCF 120.085(1)(d)
(d) If a debt is delinquent under par.
(c), no appeal rights are pending, and the time for requesting a hearing has expired, the department may recover the overpayment in any of the following ways:
DCF 120.085(1)(d)1.
1. Certification of the debt to the department of revenue under s.
49.85, Stats., for setoff against any state tax refunds or credits owed under s.
71.93, Stats.
DCF 120.085(2)(a)(a) The department shall recover an overpayment of emergency assistance from a W-2 agency if the department determines that the overpayment is the result of an error made by the agency.
DCF 120.085(2)(b)
(b) The department shall provide notice of the overpayment determination to the W-2 agency with notice that the department will be offsetting the overpayment amount from any payments otherwise due to the W-2 agency under s.
49.143, Stats. The notice shall be provided at least 30 days prior to the offset.
DCF 120.085(2)(c)
(c) The W-2 agency may request a review of the overpayment determination following the dispute resolution procedures in the agency contract with the department under s.
49.143, Stats.
DCF 120.085(2)(d)
(d) If the department's initial attempt at recovery of the overpayment under par.
(b) is unsuccessful, the department may use any of the following collection methods:
DCF 120.085(2)(d)1.
1. Certification of the debt to the department of revenue under s.
49.85, Stats., for setoff against any state tax refunds or credits owed under s.
71.93, Stats.
DCF 120.085(3)
(3)
Limit on liability. Liability for overpayments shall be limited to the following:
DCF 120.085(3)(a)
(a) One year after the W-2 agency or the department discovers an administrative error.
DCF 120.085(3)(b)
(b) Six years after the W-2 agency or the department discovers a client error.
