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.
Sexual activity involving a dependent child.
Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities.
Threats of, or attempts at, physical or sexual abuse.
Neglect or deprivation of medical care.The proposed rule also provides that an extension to the lifetime limit shall be approved for a period of no more than 6 consecutive months. A Wisconsin works agency may determine the appropriate number of extensions to the 48-month limit.
Statutory Update
In addition, the proposed rule incorporates a statutory update to s. 49.148 (1m) (a) 1., Stats., as affected by 2011 Wisconsin Act 32, that reduced the eligibility period for benefits for the custodial parent of an infant from the first 12 weeks to the first 8 weeks after the infant is born. Summary of Factual Data and Analytical Methodologies
When drafting the proposed rule, the department considered extension criteria most commonly available in other states and data on Wisconsin works participants that have received more than 48 months of assistance.
Summary of Related Federal Requirements
Existing federal regulations establish a time limit for receiving TANF benefits but also grant states significant flexibility in creating time limit policies. 45 CFR 264.1 (a) prohibits states from using federal TANF funds to provide assistance to most families beyond 60 cumulative months. This federal regulation also allows states to set a time limit of less than 60 months. 45 C.F.R. 260.31 defines ‘assistance’ as cash payments, vouchers, and other forms of benefits designed to meet a family’s ongoing basic needs (i.e., food, clothing, shelter, utilities, household goods, personal care items, and other general incidental expenses). Under 45 CFR 264.1 (c), states may extend assistance to a limited number of families beyond the 60-month time limit, but this number cannot exceed 20 percent of the State's average monthly caseload. States may only extend assistance if families have experienced hardship, as defined by the State, or if the family includes someone who has been battered or subjected to extreme cruelty based on the fact that the individual has been subjected to any of the following: i.
Physical acts that resulted in, or threatened to result in, physical injury to the individual.iii.
Sexual activity involving a dependent child. iv.
Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities. v.
Threats of, or attempts at, physical or sexual abuse. vii.
Neglect or deprivation of medical care.45 CFR 264.1 (b), provides that only months of assistance that are paid (in whole or in part) with Federal TANF funds count towards the federal 60-month lifetime limit. In addition, States may not count toward the five-year federal limit any of the following: i.
Any month of receipt of assistance by an individual who is not the head-of-household or married to the head-of-household.ii.
Any month of receipt of assistance by an adult while living in Indian country (as defined in section 1151 of title 18, United States Code) or a Native Alaskan Village where at least 50 percent of the adults were not employed.iii.
Any month for which an individual receives only noncash assistance. If a state does not comply with the federal 60-month lifetime limit requirements, 45 CFR 264.2 provides that the State Family Assistance Grant (SFAG) will be reduced by 5 percent in the succeeding fiscal year. A state may avoid the penalty by demonstrating reasonable cause or correcting the violation under a corrective compliance plan. 45 CFR 264.3 (b) provides that a state may receive reasonable cause for failing to comply with the five-year limit on Federal assistance because it granted federally recognized good cause domestic violence waivers, within the meaning of 45 CFR 260.52 (c) and 45 CFR 260.55. Comparison to Rules in Adjacent States
Illinois
Participation in Illinois’ TANF program is limited to a cumulative total of 60 months in a lifetime. The criteria for an exception to the 60-month lifetime limit on the receipt of TANF cash benefits, include any of the following:
The client has an application for Supplemental Security Income (SSI) pending and the Department determines the client is probably eligible for SSI.
The client has a medical barrier that prevents the client from obtaining or retaining employment of at least 30 hours per week.
The client is in an approved education and training program that will be completed in 6 months or less after the client's 60th month.
The client is in an intensive service program to help overcome a barrier to work and the client's involvement in the program precludes the ability to obtain or retain employment of at least 30 hours per week.
The client has a severely disabled child approved for a waiver under the Home & Community Based Care Program.
The client is the only adult in the assistance unit and is the primary caregiver for a child under age 18, or is the primary caregiver for his or her spouse and the demands of caregiving do not allow the caregiver to obtain or retain employment.Iowa
Participation in Iowa’s TANF program is limited to a cumulative total of 60 months in a lifetime. A family may receive TANF-funded assistance beyond the 60-month lifetime limit if the family qualifies for a hardship exemption. Iowa defines “Hardship” as a circumstance that prevents the family from being self-supporting, including any of the following:
Domestic violence. “Domestic violence” means that the family includes someone who has been battered or subjected to extreme cruelty.
Lack of suitable childcare.
Chronic or recurring medical conditions or mental health issues, or an accident or disease, when verified by a professional. The applicant or recipient must follow a treatment plan to address the condition or issue.
Housing situations that make it difficult or impossible to work.
Substance abuse issues. A family requesting a hardship exemption due to substance abuse shall be required to obtain clinical assessment and follow an intensive treatment plan.
Having a child whose circumstances require the parent to be in the home.
Other circumstances which prevent the family from being self-supporting.There is no limit to the number of extensions that may be approved.
