Chapter DCF 120

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(1)(d)2. 2. Warrant and execution under s. 49.195 (3m), Stats., if the amount owed is more than $300.

DCF 120.085(1)(d)3. 3. Any other authorized collection method.

DCF 120.085(2) (2) Administrative error.

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(2)(d)2. 2. Warrant and execution under s. 49.195 (3m), Stats.

DCF 120.085(2)(d)3. 3. Any other legal means.

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 History History: 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 DCF 120.09 Social services.

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(2)(a) (a) Information and referral to the appropriate service agency

DCF 120.09(2)(b) (b) Counseling

DCF 120.09(2)(c) (c) Family shelter

DCF 120.09(2)(d) (d) Child care funding.

DCF 120.09 History History: Cr. Register, October, 1999, No. 526, eff. 11-1-99.

DCF 120.10 DCF 120.10 Review of agency decisions.

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(1)(b) (b) The application is denied in whole or in part.

DCF 120.10(1)(c) (c) The emergency assistance award is modified or canceled.

DCF 120.10(1)(d) (d) The award is insufficient.

DCF 120.10 Note Note: 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 Note 1. Withdraws the petition in writing.

DCF 120.10 Note 2. 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 History History: 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.