DCF 120.05 HistoryHistory: 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; correction in (4) (intro.) made under s. 35.17, Stats., Register September 2024 No. 825. DCF 120.06DCF 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 HistoryHistory: 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 NoteNote: 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 NoteChanges 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 NoteNote: 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 HistoryHistory: 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 120.08DCF 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 HistoryHistory: 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 NoteNote: 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. DCF 120.085 HistoryHistory: CR: 23-073: cr. Register September 2024 No. 825, eff. 10-1-24; correction in (2) (d) 2. made under s. 35.17, Stats., Register September 2024 No. 825. DCF 120.09(1)(1) In determining the emergency assistance group’s total need, the agency shall consider the social service needs of the group and make appropriate referrals to assist the group in meeting those needs. DCF 120.09(2)(2) Social service needs include but are not limited to the need for: DCF 120.09 HistoryHistory: Cr. Register, October, 1999, No. 526, eff. 11-1-99. DCF 120.10(1)(1) An emergency assistance applicant or participant may petition the agency for a review as provided under s. 49.138 (4), Stats., if one of the following occurs or is alleged by the applicant or participant: DCF 120.10(1)(a)(a) The application for emergency assistance was not acted upon promptly after filing. The standard for reasonable promptness shall be the requirements established by s. DCF 120.08 (1). DCF 120.10 NoteNote: Section 49.138 (4), Stats., provides as follows: “(a) Any individual whose application for emergency assistance under this section is not acted upon with reasonable promptness, after the filing of the application, as defined by the department by rule, or is denied in whole or in part, or who believes that the assistance amount was calculated incorrectly, may petition the administering agency for a review of such action. Review is unavailable if the action by the administering agency occurred more than 45 days prior to submission of the petition for review. DCF 120.10 Note(b) Upon a timely petition under par. (a), the administering agency shall give the petitioner reasonable notice and opportunity for a review. The administering agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the petitioner. The administering agency shall deny a petition for review or shall refuse to grant relief if the petitioner does any of the following:
DCF 120.10 Note1. Withdraws the petition in writing.
DCF 120.10 Note2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.
DCF 120.10 Note(c) If the administering agency is a Wisconsin works agency, the department may review the decision of the Wisconsin works agency if, within 14 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.”
DCF 120.10(2)(2) In determining whether a petition for review is abandoned under s. 49.138 (4) (b) 2., Stats., the standard for good cause shall be circumstances beyond the control of the applicant or participant that cannot be remedied by the applicant or participant and which prevent the applicant or participant from attending a scheduled review. DCF 120.10 HistoryHistory: Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
