CR 18-016 Rule Text

State of Wisconsin

Department of Children and Families

Wisconsin Works Time Limits and Extensions

Chapter DCF 101

CR 18-016

The Wisconsin Department of Children and Families proposes to amend s. DCF 101.18 (2) (a); to repeal and recreate ss. DCF 101.09 (2) (n) and 101.18 (2) (b); and to create s. DCF 101.095, relating to Wisconsin works time limits and extensions.

Analysis Prepared by the Department of Children and Families

Statutory authority: Section 49.145 (1) and (2) (n) 3., Stats., as affected by 2015 Wisconsin Act 55; s. 227.11 (2) (a) (intro.), Stats.

Nonstatutory authority: 2015 Wisconsin Act 55, Sec. 9106

Statutes interpreted: Section 49.145 (2) (n), Stats., as affected by 2015 Wisconsin Act 55; s. 49.148 (1m), Stats.; 45 CFR 264.1

Related statute or rule: Sections 49.147 (3) (c), (4) (b), and (5) (b) 2., Stats., and ch. DCF 101

Explanation of Agency Authority

Section 49.145 (1), Stats., provides that the department may promulgate rules establishing additional eligibility criteria and specifying how eligibility criteria are to be administered.

Section 49.145 (2) (n) 3., Stats., as affected by 2015 Wisconsin Act 55, provides that a Wisconsin works agency may extend the time limit only if the Wisconsin works agency determines, in accordance with rules promulgated by the department, that the individual is experiencing hardship or that the individual’s family includes an individual who has been battered or subjected to extreme cruelty.

Section 227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.

Section 9106 of 2015 Wisconsin Act 55 provides that when implementing the 48-month time limit under s. 49.145 (2) (n) 1. (intro.) and a. and 3., Stats., as affected by this act, for an individual participating in Wisconsin works on the effective date of this subsection, the department of children and families may allow the individual to continue to participate in some or all components of Wisconsin works longer than the 48-month time limit for an appropriate amount of time necessary to allow the individual to transition out of Wisconsin works, as determined by the department of children and families.

Summary of the Proposed Rule

The proposed rule applies to the lifetime benefit limit for cash assistance funded by the federal Temporary Assistance for Needy Families program. The limit applies to cash assistance received in a Wisconsin works employment position, a comparable TANF-funded program in another state, and the JOBS program under s. 49.193, 1997 Stats., on or after October 1, 1996.

The proposed rule incorporates the change to s. 49.145 (2) (n), Stats., as affected by 2015 Wisconsin Act 55, that reduced of the total number of months an individual may participate in a program that provides TANF cash assistance from 60 months to 48 months.

Extension Criteria

2015 Wisconsin Act 55 also affected the criteria for granting an extension to the Wisconsin works (W-2) lifetime limit. Prior to the Act 55 change, s. 49.145 (2) (n) 3., Stats., provided that a W-2 agency may extend the 60-month benefit limit only if the W-2 agency determined that “unusual circumstances exist that warrant an extension of the participation period.”

The current rule provides that the “unusual circumstances that may warrant an extension of the 60-month participation period” are any of the following:



The individual is unable to work because of a personal disability, or is needed at home to care for a severely incapacitated member of the Wisconsin works group.



The individual has significant limitations to employment, including the following:

o

Low achievement ability, learning disability, or emotional problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment.

o

Family problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment.



The individual has made all appropriate efforts to find work and is unable to find employment because local labor market conditions preclude a reasonable job opportunity.

With the Act 55 changes, s. 49.145 (2) (n) 3., Stats., provides that a W-2 agency may extend the 48-month lifetime limit if the W-2 agency determines that “the individual is experiencing hardship or the individual’s family includes an individual who has been battered or subjected to extreme cruelty.”

The proposed rule specifies that hardship means any of the following:



The individual is unable to work due to a personal disability or incapacitation.



The individual needs to remain at home to care for a member of the individual’s Wisconsin works group whose incapacity is so severe that without in-home care provided by the individual the health and well-being of the Wisconsin works group member would be significantly affected.



The individual has significant limitations to employment, including the following:

o

Low achievement ability, learning disability, or emotional problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment.

o

Family problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment.



The individual has made all appropriate efforts to find work and is unable to find employment because local labor market conditions preclude a reasonable job opportunity.



The individual is unable to work to due to current participation in a substance abuse treatment program certified to provide treatment for substance abuse under ss. DHS 75.10 to 75.15 or psychosocial rehabilitation services as approved by the department.

These criteria are based on a State option to the federal 60-month limit on TANF cash assistance under 45 CFR 264.1 (c).

The proposed rule specifies that an individual or a member of the individual’s Wisconsin works group has been battered, or subjected to extreme cruelty based on the fact that the individual or member of the Wisconsin works group has been subjected to any of the following:



Physical acts that resulted in, or threatened to result in, physical injury to the individual.