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.
DCF 101.23(5)(a)1.1. If any overpayment of benefits paid under
s. DCF 101.18 (1) (b) or
(c) is due to administrative error or client error, the W-2 agency or the department shall recoup the overpayment from a debtor who continues to receive benefits under
s. DCF 101.18 (1) (b) or
(c) by reducing the amount of the benefits amount by no more than 10%.
DCF 101.23(5)(a)2.
2. The debtor may make a voluntary repayment in addition to the amount withheld from the benefit under
subd. 1.
DCF 101.23(5)(a)3.
3. The county, tribal governing body, or W–2 agency shall ask a debtor who has received an overpayment to voluntarily repay the overpayment. If the debtor fails to pay voluntarily, the county, tribal governing body, or W–2 agency shall refer the debt to the department for further collection efforts.
DCF 101.23(5)(b)
(b) Overpayments caused by intentional program violations. If an overpayment of benefits under
s. DCF 101.18 (1) (a),
(b), or
(c), is the result of an intentional violation of ss.
49.141 to
49.161, Stats., or this chapter, the W–2 agency or the department shall recoup the overpayment from the debtor by deducting an amount from the debtor's benefits received under
s. DCF 101.18 (1) (a),
(b), or
(c) until the overpayment is recovered. The amount to be deducted each month may not exceed the following:
DCF 101.23(5)(b)1.
1. For intentional program violations resulting in an overpayment that is less than $300, the amount to be deducted may not exceed 10% of the monthly benefit payment.
DCF 101.23(5)(b)2.
2. For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, the amount to be deducted may not exceed $75.
DCF 101.23(5)(b)3.
3. For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, the amount to be deducted may not exceed $100.
DCF 101.23(5)(b)4.
4. For intentional program violations resulting in an overpayment that is $2,500 or more, the amount to be deducted may not exceed $200.
DCF 101.23(6)
(6) Trial job overpayments. The W–2 agency shall recover any overpayment of benefits paid under
s. DCF 101.18 (1) (a) from the debtor. The W-2 agency may not recover more than the amount that the W-2 agency or the department paid in wage subsidies for the debtor while the debtor was ineligible to participate under
s. DCF 101.16 (2). The W–2 agency shall ask a former participant in a trial job who received overpayments to voluntarily repay the overpayment. If a former participant does not voluntarily repay the overpayment, the W–2 agency shall refer the debt to the department for further collection action.
DCF 101.23(7)
(7) Effect of restitution payments. A debtor's payments to the department as part of a restitution agreement under s.
973.20, Stats., arising out of the facts or events that are the basis for the overpayment owed to the department shall be applied to the liability owed to the department, but a debtor's completion of probation or fulfillment of the restitution agreement shall not limit or impair the ability of the department to collect any remaining balance on the debt.
DCF 101.23(8)
(8) Delinquency. A debt shall be considered delinquent if the department does not receive a debtor's payment by the due date 3 times over the life of the debt. A delinquent debt may be subject to warrant and execution under s.
49.195 (3m), Stats.; levy under s.
49.195 (3n), Stats.; setoff against a refund under ss.
49.85 and
71.93, Stats.; and other authorized collection methods. The department may recover a delinquent debt by more than one means of collection at the same time. A delinquent debt retains delinquent status regardless of any future payment on the debt.
DCF 101.23 Note
Note: The limitation on using warrant and execution and levy only when a debtor has not complied with the payment schedule 3 times is not required by statute. Because the department is limiting the use of warrant and execution and levy to debtors who have not complied with a payment schedule, the withdrawal of a warrant when the debtor does comply with the payment schedule under s.
49.195 (3m) (h), Stats., will not occur.
DCF 101.23(9)
(9) Warrant and execution under section 49.195 (3m), stats.
