Ch. DHS 251 Note Note: Chapter HSS 230 was repealed and recreated as an emergency rule effective January 1, 1996. Chapter 230 as it existed on May 31, 1996 was repealed and a new chapter HSS 230 was created effective June 1, 1996. Chapter HSS 230 was renumbered chapter HFS 251 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565. Chapter HFS 251 was renumbered chapter DHS 251 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

DHS 251.01 DHS 251.01 Authority and purpose. This chapter is adopted under the authority of s. 49.02 (7m), Stats., to provide procedures for a county relief agency to follow to obtain a relief block grant, standards for county relief agencies to follow in making eligibility determinations under s. 49.015, Stats., standards for waiver of an eligibility requirement under s. 49.015 (3) (b), Stats., and procedures for appealing eligibility determinations.

DHS 251.01 History History: Register, May, 1996, No. 485, eff. 6-1-96.

DHS 251.02 DHS 251.02 Applicability. This chapter applies to counties that choose to have a relief block grant program under subch. II of ch. 49, Stats., and therefore are required to determine eligibility for relief and to implement an appeal procedure for applicants who are denied relief or recipients whose relief payment is reduced, suspended or terminated.

DHS 251.02 History History: Register, May, 1996, No. 485, eff. 6-1-96.

DHS 251.03 DHS 251.03 Definitions. In this chapter:

DHS 251.03(1) (1) “AFDC” means aid to families with dependent children, a public assistance program under title IV-A of the Social Security Act of 1935, as amended, and s. 49.19, Stats.

DHS 251.03(2) (2) “Benefits” means payment or services, including health care services and voucher payments made to third parties on behalf of dependent persons or directly to dependent persons.

DHS 251.03(3) (3) “Department” means the Wisconsin department of health services.

DHS 251.03(4) (4) “Dependent person” means an individual who is eligible for relief under s. 49.015, Stats.

DHS 251.03(5) (5) “Failure to comply” means an action or inaction of a relief recipient that violates a relief agency rule without good cause.

DHS 251.03(7) (7) “Health care services” has the meaning given in s. 49.01 (2g), Stats.

DHS 251.03(8) (8) “Medical assistance divestment” means the disposal of an asset for less than its fair market value with the consequence that the individual who does this is ineligible for medical assistance under the provisions of s. 49.453, Stats., and s. DHS 103.065.

DHS 251.03(9) (9) “Recipient” means an individual who is determined eligible for or is receiving benefits from a relief agency.

DHS 251.03(10) (10) “Relief” means assistance that is provided to a dependent person and funded by a relief block grant.

DHS 251.03(11) (11) “Relief agency” means a county department under s. 46.215, 46.22 or 46.23, Stats., that is designated by the county governing body to administer relief, or an agency under contract with a county department to administer relief.

DHS 251.03(12) (12) “Relief agency rules” means the rules adopted by a relief agency for administering the relief agency’s relief block grant program.

DHS 251.03(14) (14) “Sanction” means discontinuation or reduction of medical or nonmedical benefits for failure to comply with a relief agency’s written program requirements under the block grant program.

DHS 251.03(15) (15) “SSI” means supplemental security income, the assistance program under section 1613 of title XVI of the Social Security Act of 1935, as amended and s. 49.77, Stats.

DHS 251.03(16) (16) “Work relief” means a component of the relief program operated by a relief agency in which the relief agency requires recipients, in exchange for their benefits, to do work or training which the recipients are capable of performing on work projects or training authorized and sponsored by the relief agency.

DHS 251.03(17) (17) “Work requirements” means the relief agency’s rules for the work relief and grant diversion components of its relief program.

DHS 251.03 History History: Register, May, 1996, No. 485, eff. 6-1-96; corrections in (1) and (8) were made under s. 13.93 (2m) (b) 7., Stats., Register, February, 2001, No. 542; corrections in (3) and (8) made under s. 13.92 (4) (b) 6. and 7., Stats., Register January 2009 No. 637; CR 20-039: r. (13) Register October 2021 No. 790, eff. 11-1-21; CR 23-046: r. (6) Register April 2024 No. 820, eff. 5-1-24.

DHS 251.04 DHS 251.04 Application for relief block grant.

DHS 251.04(1) (1) Resolution.

DHS 251.04(1)(a) (a) If a county chooses to have a relief block grant program, the county board shall designate a relief agency and shall adopt a resolution directing the relief agency to apply for a relief block grant and provide a copy of the resolution to the department.

DHS 251.04(1)(b) (b) If a county at any time elects not to provide any relief block grant benefits, medical or nonmedical, the county board shall pass a resolution indicating this and shall send a copy of the resolution to the department.

DHS 251.04(2) (2) Plan. The relief agency shall submit to the department for approval a plan for the provision of services to be funded by the relief block grant that includes all of the information specified under s. 49.02 (1) (c), Stats.

DHS 251.04(3) (3) Report. The relief agency shall annually submit to the department on a form prescribed by the department a report detailing the costs incurred for relief provided to dependent persons in the preceding year. The report shall be filed with the department by March 1 of the year immediately following the year in which the costs were incurred.