1995 WISCONSIN ACT 198
An Act to amend 49.19 (5) (cm) 1., 49.19 (5) (cm) 2., 49.19 (5) (cm) 3. c., 49.19 (5) (cm) 3. d., 49.19 (5) (cm) 4., 49.19 (5) (cm) 5., 49.19 (5) (cm) 6. (intro.), 49.19 (5) (cm) 6. a. and 49.50 (8) (b) 2. (intro.) of the statutes; relating to: the form of certain payments under the aid to families with dependent children program.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
198,1
Section 1
. 49.19 (5) (cm) 1. of the statutes is amended to read:
49.19 (5) (cm) 1. In this paragraph, “2-party direct payment" means a check which is drawn in favor of the landlord of a recipient of aid under this section and the recipient's landlord, jointly.
198,2
Section 2
. 49.19 (5) (cm) 2. of the statutes is amended to read:
49.19 (5) (cm) 2. A 2-party
direct payment shall be made whenever a recipient of aid under this section has failed to pay rent to the landlord for 2 months or more, unless the failure to pay rent is authorized by law.
198,3
Section 3
. 49.19 (5) (cm) 3. c. of the statutes is amended to read:
4949.19 (5) (cm) 3. c. If it determines that the conditions for issuing a 2-party direct payment under subd. 2. are met, inform the recipient of the right to a fair hearing on the issue of whether 2-party direct payment of rent should be made and inform the department of health and social services of its determination.
198,4
Section 4
. 49.19 (5) (cm) 3. d. of the statutes is amended to read:
49.19 (5) (cm) 3. d. If it determines that 2-party direct payments should not be made, inform the recipient and the landlord of that determination.
198,5
Section 5
. 49.19 (5) (cm) 4. of the statutes is amended to read:
49.19 (5) (cm) 4. When it has been determined that a 2-party direct payment of rent should be made, the department of health and social services shall issue the recipient's monthly grant in 2 checks, a 2-party
direct payment for the amount of the rent and a check drawn in favor of the recipient for the balance of the grant amount.
198,6
Section 6
. 49.19 (5) (cm) 5. of the statutes is amended to read:
49.19 (5) (cm) 5. The county department shall review each case in which a 2-party direct payment is being made at least once every 12 months and whenever a recipient reports that a condition under subd. 6. for the cessation of 2-party direct payments exists.
198,7
Section 7
. 49.19 (5) (cm) 6. (intro.) of the statutes is amended to read:
49.19 (5) (cm) 6. (intro.) The county department shall inform the department of health and social services, and the department of health and social services shall cease making a 2-party direct payment, when the county department determines that any of the following conditions exists:
198,8
Section 8
. 49.19 (5) (cm) 6. a. of the statutes is amended to read:
49.19 (5) (cm) 6. a. A 2-party
direct payment has been made for 24 consecutive months.
198,9
Section 9
. 49.50 (8) (b) 2. (intro.) of the statutes is amended to read:
49.50 (8) (b) 2. (intro.) If a recipient requests a hearing within the timely notice period specified in 45 CFR 205.10, aid shall not be suspended, reduced or discontinued until a decision is rendered after the hearing but may be recovered by the department if the contested decision or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides that the recipient has requested a hearing. Until a decision is rendered after the hearing, the manner or form of aid payment to the recipient shall not change to a protective, vendor or 2-party or direct payment. Aid shall be suspended, reduced or discontinued if:
