DCF 101.18
DCF 101.18
W-2 employment position wages and benefits. DCF 101.18(1)(1)
Benefit levels for participants in employment positions. A participant in a Wisconsin works employment position shall receive the following wages or benefits:
DCF 101.18(1)(a)
(a) Trial jobs. For a participant in a trial job, the amount established in the contract between the Wisconsin works agency and the trial job employer, but not less than minimum wage for every hour actually worked in the trial job, not to exceed 40 hours per week paid by the employer. Hours spent participating in education and training activities under
s. DCF 101.16 (2) (c) shall be included in determining the number of hours actually worked.
DCF 101.18(1)(b)
(b) Community service jobs. For a participant in a community service job, a monthly grant in the amount provided under s.
49.148 (1) (b), Stats. For every hour that the participant misses work or education or training activities without good cause including any activity under
s. DCF 101.16 (3) (c) 2., the Wisconsin works agency shall reduce the grant amount by the amount provided under s.
49.148 (1) (b), Stats. Good cause shall be determined by the financial and employment planner as provided under
s. DCF 101.20.
DCF 101.18(1)(c)
(c) Transitional placements. For a participant in a transitional placement, a monthly grant in the amount provided under s.
49.148 (1) (c), Stats. For every hour that the participant fails to participate in any required activity without good cause, including any activity under
s. DCF 101.16 (4) (b) 2., the Wisconsin works agency shall reduce the grant amount by the amount provided under s.
49.148 (1) (c), Stats. Good cause shall be determined by the financial and employment planner as provided under
s. DCF 101.20.
DCF 101.18(2)(a)(a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under
s. DCF 101.09 (2) and
(3) may receive a monthly grant in the amount provided under s.
49.148 (1m), Stats. A Wisconsin works agency may not require a participant under this subsection to participate in a trial job, CSJ or transitional placement. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the 60-month time limit under
s. DCF 101.09 (2) (n) and time limits for participation in a particular W-2 employment position under
s. DCF 101.16 (2) (e),
(3) (e) or
(4) (c), if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for AFDC or for a Wisconsin works employment position.
DCF 101.18(2)(b)
(b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works employment position for purposes of the 60-month time limit under
s. DCF 101.09 (2) (n) and time limits for participation in a particular W-2 employment position under
s. DCF 101.16 (2) (e),
(3) (e) or
(4) (c), if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for AFDC or for a Wisconsin works employment position unless the child was conceived as a result of a sexual assault in violation of s.
940.225 (1),
(2) or
(3), Stats., in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of s.
944.06 or
948.06, Stats., and that incest or sexual assault has been reported to a physician and to law enforcement authorities.
DCF 101.18 History
History: Cr.
Register, October, 1997, No. 502, eff. 11-1-97; correction made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DCF 101.19(1)(1)
Designation of payee. CSJ or transitional placement benefits shall be made payable as appropriate to:
DCF 101.19(1)(b)
(b) Spouse of the participant. The spouse shall be living in the home unless designated as protective payee or appointed by a court to be the legal representative.
DCF 101.19(2)(a)(a) If continued mismanagement of funds is a threat to the health and safety of the child as determined by the FEP, all or part of the CSJ or transitional placement benefit may be a protective payment or part of the CSJ or W-2 T benefit may be a direct payment and part a protective or vendor payment or both. The W-2 agency shall investigate reports of mismanagement before instituting protective or vendor payments.
DCF 101.19(2)(b)
(b) The W-2 agency shall document in the case record the reason for the authorization of protective or vendor payment and shall show the name of the eligible participant, the name of the protective or vendor payee, and the amount and form of payment authorized.
DCF 101.19 History
History: Cr.
Register, October, 1997, No. 502, eff. 11-1-97.
DCF 101.20
DCF 101.20
Determination of good cause. DCF 101.20(1)
(1)
Good cause circumstances. The FEP shall determine if a W-2 employment participant had good cause for not complying with the W-2 participation requirements. No good cause shall exist unless the participant provides timely notification of the good cause reason to the FEP. Good cause for failing to comply with the W-2 participation requirements shall be any of the following circumstances:
DCF 101.20(1)(a)
(a) A required court appearance, including a required court appearance for a victim of domestic abuse.
DCF 101.20(1)(b)
(b) Necessary child care is unavailable and the W-2 agency is unable to provide child care or refer the participant to alternate child care arrangements.
DCF 101.20(1)(c)
(c) Lack of transportation with no reasonable alternative, as determined by the FEP. In determining the reasonableness of transportation alternatives, the FEP shall consider the length of the participant's commute, participant safety, the cost of the transportation relative to the participant's income, and other relevant factors.
DCF 101.20(1)(d)
(d) Participant or W-2 group member's illness, injury, disability, or incapacity.
DCF 101.20(1)(e)
(e) Accommodations that have been determined necessary in a formal assessment are not available to allow the participant to complete the assigned activity.
DCF 101.20(1)(f)
(f) Conflict with another assigned W-2 activity or job search attempts.
DCF 101.20(1)(k)
(k) Routine medical or school appointments that cannot be scheduled at times other than during assigned activities.
DCF 101.20(1)(m)
(m) Any day that the worksite or training site is closed due to a site-specific holiday.
DCF 101.20(1)(n)
(n) Death in the participant's immediate family. For purposes of this paragraph:
DCF 101.20(1)(n)1.
1. "Immediate family" means a participant's spouse, nonmarital co-parent, step-parent, grandparent, foster parent, child, step-child, grandchild, foster child, brother and his spouse, sister and her spouse, aunt, uncle, son-in-law, daughter-in-law, cousin, niece and nephew of the participant or the participant's spouse or nonmarital co-parent, and other relatives of the participant or the participant's spouse or nonmarital co-parent if these other relatives reside in the same household as the participant.
DCF 101.20(1)(n)2.
2. A participant may be granted good cause for no more than 3 business days if only local travel is necessary to attend the funeral services. A participant may be granted good cause for no more than 7 business days if long-distance travel is required to attend the funeral services. In general, the good cause period may not exceed the week following the death of a member of the participant's immediate family, but the FEP may lengthen the timeframe for good cause depending upon individual circumstances.
DCF 101.20(1)(o)
(o) Other circumstances beyond the control of the participant, but only as determined by the FEP. The FEP shall consider what a reasonable employer may allow under its absence policy and hardships that make completing activities and notifying the agency of missed activities more difficult for W-2 participants.
DCF 101.20(2)
(2) Timely notification. The participant shall notify the FEP of the good cause reason within 7 business days after an absence from a required activity to prevent a payment reduction under s.
49.148 (1) (b) 1.,
(b) 3., or
(c), Stats.
DCF 101.20(3)
(3) Written documentation. In making a good cause determination, the FEP may require that the W-2 employment position participant provide written documentation that good cause existed before accepting a good cause reason for a participant's absence from required activities if both of the following apply:
DCF 101.20(3)(a)
(a) The participant has a pattern of absences of more than 3 consecutive days or more than 5 days in a rolling 30-day period. An absence means being absent from any one required activity. A pattern of absences may include past absences for which a good cause reason was accepted.
DCF 101.20(3)(b)
(b) The FEP has reason to believe that the participant is misusing the good cause policy.
DCF 101.20 History
History: 1997, No. 502, eff. 11-1-97; am. (2),
Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 08-034: r. and recr.
Register December 2010 No. 660, eff. 1-1-11.
DCF 101.21(1)(a)(a) A participant who refuses without good cause to participate 3 times in any Wisconsin works employment position component is ineligible to participate in that component. A participant is also ineligible to participate in that Wisconsin works employment position component if the second parent in the Wisconsin works group is subject to the work requirement under
s. DCF 101.27 and refuses 3 times to participate as required. A participant whom the Wisconsin works agency has determined is ineligible under this section for a particular Wisconsin works employment position component may be eligible to participate in any other Wisconsin works employment position component in which the participant has not refused to participate 3 times.
DCF 101.21(1)(b)
(b) A participant or a second parent who is subject to the work requirement under
s. DCF 101.27 refuses to participate in a Wisconsin works employment position component if the participant or the second parent who is subject to the work requirement under
s. DCF 101.27 does any of the following:
DCF 101.21(1)(b)1.
1. Expresses verbally or in writing to a Wisconsin works agency that he or she refuses to participate.
DCF 101.21(1)(b)2.
2. Fails to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works transitional placement, fails to appear for an assigned activity, including an activity under
s. DCF 101.16 (4) (b) 2., without good cause under
s. DCF 101.20, as determined by the Wisconsin works agency.
DCF 101.21(1)(b)3.
3. Voluntarily leaves appropriate employment or training without good cause under
s. DCF 101.20, as determined by the Wisconsin works agency.
DCF 101.21(1)(b)6.
6. Demonstrates through other behavior or action, as determined by the FEP, that he or she refuses to participate in a Wisconsin works employment position.
DCF 101.21(2)
(2) Intentional program violations. If a court finds or it is determined after an administrative hearing that an individual who is a member of a Wisconsin works group applying for or receiving benefits under ss.
49.141 to
49.161, Stats., for the purpose of establishing or maintaining eligibility for those benefits or for the purpose of increasing the value of those benefits, has intentionally violated, on 3 separate occasions, any provision in ss.
49.141 to
49.161, Stats., or this chapter, the Wisconsin works agency may permanently deny benefits under ss.
49.141 to
49.161, Stats., to the individual.
DCF 101.21 History
History: Cr.
Register, October, 1997, No. 502, eff. 11-1-97; am. (1) (a) and (b) (intro.),
Register, July, 2000, No. 535, eff. 8-1-00; corrections in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DCF 101.22(1)
(1)
Petition for review. Any individual whose application for Wisconsin works under s.
49.147 (1) to
(5), Stats., and
s. DCF 101.06 is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly, may petition the Wisconsin works agency for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.
DCF 101.22(2)(a)(a) Upon a timely petition under
sub. (1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send a certified copy of its decision to the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:
DCF 101.22(2)(a)2.
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause under
s. DCF 101.20.
DCF 101.22(2)(b)
(b) The department may review a decision of a Wisconsin works agency under
par. (a) if any of the following occurs:
DCF 101.22(2)(b)1.
1. Within 15 days of receiving the decision of the Wisconsin works agency, the applicant or participant petitions the department for a review of that decision.
DCF 101.22(2)(b)2.
2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
DCF 101.22(2)(c)
(c) The department shall review a Wisconsin work's agency decision to deny an application based solely on the determination of financial ineligibility if any of the following occurs:
DCF 101.22(2)(c)1.
1. Within 15 days after receiving the decision of the Wisconsin works agency, the applicant petitions the department for a review of the decision.
DCF 101.22(2)(c)2.
2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
DCF 101.22 History
History: Cr.
Register, October, 1997, No. 502, eff. 11-1-97;
CR 02-050: r. (3)
Register January 2003 No. 565, eff. 2-1-03; corrections in (1) and (2) (a) 2. made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DCF 101.23(1)(a)
(a) "Administrative error" means an error committed by an agency or the department in determining benefits given under s.
49.148,
49.155,
49.157, or
49.19, Stats., that results in an overpayment.
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)(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)(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)(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.
