49.26(1)(h)1s.a.a. Except as provided under
subd. 1s. b., an individual who fails to meet the school attendance requirement under
par. (ge) is subject to sanctions determined by the department by rule.
49.26(1)(h)1s.b.
b. An individual who is a dependent child in a Wisconsin works group that includes a participant under
s. 49.147 (3),
(4) or
(5) and who fails to meet the school attendance requirement under
par. (ge) is subject to a monthly sanction.
49.26(1)(h)2.
2. If, as a result of the application of sanctions under this paragraph, no child in a family receives payment under
s. 49.19, the department shall make a payment to meet only the needs of the parent or parents who would otherwise be eligible for aid under
s. 49.19.
49.26(1)(hr)
(hr) If an individual subject to the school attendance requirement under
par. (ge) is enrolled in a public school, communications between the school district and the department, a county department under
s. 46.215,
46.22 or
46.23 or a Wisconsin works agency concerning the individual's school attendance may only be made by a school attendance officer, as defined under
s. 118.16 (1) (a).
49.26(1)(i)
(i) The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of the school attendance requirement under
par. (ge).
Paragraphs (e) and
(g) to
(hr) do not apply unless the federal waiver is in effect. If a waiver is received, the department shall implement
par. (e) beginning with the fall 1987 school term, as defined under
s. 115.001 (12), or on the date the waiver is effective, whichever is later.
49.26(2)
(2) Services for learnfare pupils. 49.26(2)(b)
(b) From the appropriation under
s. 20.445 (3) (dg), the department shall allocate funds to county departments for the provision of case management services to individuals who are subject to the school attendance requirement under the learnfare program under
sub. (1) and their families to improve the school attendance and achievement of those individuals. At least 75% of the funds that the department allocates under this paragraph to provide case management services to individuals who are 13 to 19 years of age shall be allocated to a county department of a county with a population of 500,000 or more. A county department is eligible to receive funds under this subsection to provide case management services to individuals who are 13 to 19 years of age in a year if 35 or more individuals, 13 to 19 years of age, residing in the county were sanctioned under
sub. (1) (h) or were subject to the monthly attendance requirement under
s. HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the previous year.
49.27
49.27
Work-not-welfare pilot program. 49.27(1)
(1)
Definitions. In this section:
49.27(1)(a)
(a) "Benefit period" means, with respect to a work-not-welfare group, a period commencing on the work-not-welfare group's enrollment date and ending 48 months later, except as the benefit period may be extended under
sub. (4) (g).
49.27(1)(b)
(b) "Enrollment date" means the first day of the first month for which a work-not-welfare group receives a benefit payment determined under
sub. (4), unless the work-not-welfare group has not received a benefit payment determined under
sub. (4) within the previous 36 months, in which case the enrollment date means the first day of the first month, after that 36-month period, for which the work-not-welfare group receives a benefit payment determined under
sub. (4).
49.27(1)(c)
(c) "Work-not-welfare group" means all persons in an aid to families with dependent children case, if the head of household of the case is subject, under
sub. (3), to the work-not-welfare pilot program under this section. "Work-not-welfare group" includes a caretaker of dependent children, regardless of whether the needs of the caretaker are not considered in determining the amount of the benefit determined under
sub. (4) or
(11) (a) to
(f).
49.27(2)
(2) Waiver; applicability. The department shall request a waiver from the secretaries of the federal department of health and human services and the federal department of agriculture to conduct a work-not-welfare pilot program as part of the aid to families with dependent children program under
s. 49.19, the food stamp program under
7 USC 2011 to
2029 and the medical assistance program under
subch. IV. If the department receives the federal waivers and if sufficient funds are available, the department shall pilot the program, beginning on January 1, 1995, in one or more pilot counties selected by the department. If a pilot county is a county in which a demonstration project under
s. 49.19 (11m) is being conducted or a county selected for participation in the parental responsibility pilot program under
s. 49.25, the department shall promulgate rules regarding the relationship between the work-not-welfare pilot program and the other demonstration or pilot programs operating in the pilot counties. These rules shall provide that a person may not be required to participate in more than one of these demonstration or pilot programs at a time.
Subsections (3) to
(11) apply only while the waiver is in effect and the department is conducting the program.
49.27(3)
(3) Participation. A person is subject to the work-not-welfare pilot program under this section if at least one of the following conditions is met:
49.27(3)(a)
(a) The person resides in a pilot county; is receiving, or is the caretaker of a child who is receiving, aid to families with dependent children benefits, other than benefits under s.
49.19 (10) or s.
49.19 (11) (b), 1993 stats., on January 1, 1995; and has had a regularly scheduled reinvestigation under
s. 49.19 (5) (e) after January 1, 1995.
49.27(3)(b)
(b) The person resides in a pilot county and applies for aid to families with dependent children benefits, other than benefits under s.
49.19 (10) or s.
49.19 (11) (b), 1993 stats., for himself or herself or for a dependent child, on or after January 1, 1995.
49.27(3)(c)
(c) The person moves to a pilot county on or after January 1, 1995, and, at the time of the move, the person is receiving, or is the caretaker of a child who is receiving, aid to families with dependent children benefits, other than benefits under s.
49.19 (10) or s.
49.19 (11) (b), 1993 stats.
49.27(3)(d)
(d) The person resides in this state in a county other than a pilot county and, within the preceding 36 months, the person had resided in a pilot county, was subject to the work-not-welfare program under
par. (a),
(b) or
(c) and received benefits determined under
sub. (4).
49.27(4)(a)(a)
Relation with other public assistance benefits. Except as determined under this subsection or
sub. (7) or
(11) (a) to
(f), a member of a work-not-welfare group may not receive an aid to families with dependent children benefit, other than aid to families with dependent children benefits under s.
49.19 (10) or s.
49.19 (11) (b), 1993 stats. Except as determined under this subsection or
sub. (11) (a) to
(f), a member of a work-not-welfare group may not receive food stamp benefits under
7 USC 2011 to
2029 for a month unless one of the following conditions is met:
49.27(4)(a)1.
1. The work-not-welfare group has received the maximum number of benefit payments permitted under
pars. (e) and
(g).
49.27(4)(a)2.
2. The portion of the benefit amount calculated under
par. (c) 1. for the work-not-welfare group equals $0 for a reason other than a sanction, an adult caretaker in the work-not-welfare group has earned income and the work-not-welfare group elects to apply for food coupons under
42 USC 2011 to
2029 in lieu of a cash benefit determined under this subsection.
49.27(4)(b)
(b)
Eligibility requirements. A county department under
s. 46.215,
46.22 or
46.23 in a pilot county shall determine the eligibility of a work-not-welfare group for benefits determined under this subsection in the same manner as it determines eligibility for aid to families with dependent children benefits under
s. 49.19, except as follows:
49.27(4)(b)1.
1. Once eligibility for a work-not-welfare group is established, the work-not-welfare group does not lose continued eligibility solely because one or more wage earners in the work-not-welfare group work more than 100 hours in a month.
49.27(4)(b)2.
2. Once eligibility for a work-not-welfare group is established, the work-not-welfare group remains eligible until the next eligibility review, unless the benefit determined under this subsection could be adjusted under
par. (d) prior to the next regularly scheduled reinvestigation under
s. 49.19 (5) (e).
49.27(4)(b)3.
3. Instead of the child support disregard under
s. 49.19 (5) (a) 1m., the department shall disregard $50 of the unearned income received under
par. (h) by a work-not-welfare group in a month.
49.27(4)(c)
(c)
Calculation of benefit amount. Notwithstanding
s. 49.19, subject to the limitations in
pars. (d) to
(g) and except as provided in
subs. (5) (f) and
(9), a county department under
s. 46.215,
46.22 or
46.23 in a pilot county shall pay to a work-not-welfare group that is eligible under
par. (b) a combined monthly aid to families with dependent children benefit under
s. 49.19 and monthly food stamp benefit under
7 USC 2011 to
2029. The combined monthly benefit amount is equal to the sum of the following:
49.27(4)(c)1.
1. An amount equal to the aid to families with dependent children benefit that would be payable under
s. 49.19 if the waiver under
sub. (2) were not in effect, except as follows:
49.27(4)(c)1.b.
b. The amount of the portion of the benefit amount determined under this subdivision is not increased to reflect the birth of a child into the work-not-welfare group, if the birth occurs more than 10 months after the work-not-welfare group's enrollment date, unless the work-not-welfare group did not receive benefits determined under this paragraph for a period of at least 6 months, for a reason other than a sanction under
sub. (5) (f), and the child is born into the work-not-welfare group no more than 10 months after the date on which the work-not-welfare group began receiving benefits determined under this paragraph after that period or unless the child was conceived as a result of incest in violation of
s. 944.06 or
948.06 or a sexual assault in violation of
s. 940.225 (1),
(2) or
(3) in which the mother did not indicate a freely given agreement to have sexual intercourse and that incest or sexual assault has been reported to law enforcement authorities.
49.27(4)(c)1.c.
c. The amount of child support to be disregarded in determining the portion of the benefit amount determined under this subdivision is determined by applying
par. (b) 3. instead of
s. 49.19 (5) (a) 1m.
49.27(4)(c)1.d.
d. Instead of the earned income disregards under
s. 49.19 (5) (a) 2.,
4. and
4m. and
(am), $120 and an amount equal to one-sixth of the remaining monthly income earned from the unsubsidized employment of a person who is a member of a work-not-welfare group is disregarded from the monthly earned income of that person. Notwithstanding
s. 49.19 (5) (a) 4. or
4m. or
(am), the disregard in this
subd. 1. d. shall apply to a person as long as the person is a member of a work-not-welfare group.
49.27(4)(c)1.e.
e. The portion of the benefit amount calculated under this subdivision is based on the average income of the work-not-welfare group, estimated prospectively for a 6-month period, except that for the first 2 months for which benefits calculated under this paragraph are paid the portion of the benefit amount calculated under this subdivision is based on the estimated income for those first 2 months.
49.27(4)(c)1.f.
f. The income received as a result of the application of
subd. 2. is not considered income in determining the portion of the benefit amount calculated under this subdivision.
49.27(4)(c)2.
2. An amount equal to the cash value of the food coupons that the work-not-welfare group would receive under
7 USC 2011 to
2029 if the waiver under
sub. (2) were not in effect, except as follows:
49.27(4)(c)2.b.
b. The portion of the benefit amount calculated under this subdivision is based on the average income of the work-not-welfare group, estimated prospectively for a 6-month period, except that for the first 2 months for which benefits calculated under this paragraph are paid the portion of the benefit amount calculated under this subdivision is based on the estimated average income for those first 2 months.
49.27(4)(d)1.1. Notwithstanding
s. 49.19 (2) (a),
(4) (es) and
(k) and
(11), the benefit amount calculated under
par. (c) may be adjusted, after the first 2 months for which benefits calculated under
par. (c) are paid, only at a regularly scheduled reinvestigation under
s. 49.19 (5) (e), except as follows:
49.27(4)(d)1.a.
a. The benefit amount calculated under
par. (c) may be adjusted to reflect a significant change in circumstances under
subd. 2.
49.27(4)(d)1.b.
b. The benefit amount calculated under
par. (c) may be adjusted to reflect a decrease in earned income if there is good cause, as defined by the department by rule, for the decrease.
49.27(4)(d)1.c.
c. The benefit amount calculated under
par. (c) may be adjusted to reflect an increase in earned income if the head of household of the work-not-welfare group requests a reduction in the benefit amount determined under this subsection.
49.27(4)(d)2.
2. A work-not-welfare group experiences a significant change in circumstances, for purposes of
subd. 1. a., in any month in which at least one of the following occurs:
49.27(4)(d)2.a.
a. The number of persons in the work-not-welfare group changes.
49.27(4)(d)2.c.
c. A person in the work-not-welfare group obtains a new source of unsubsidized employment or experiences an increase or a decrease in unsubsidized employment of 10 or more hours per week.
49.27(4)(d)2.d.
d. A person in the work-not-welfare group receives a new source of unearned income in an amount greater than was estimated and that source of unearned income is expected to continue until the next regularly scheduled reinvestigation under
s. 49.19 (5) (e).
49.27(4)(d)2.e.
e. The work-not-welfare group experiences an increase or decease in the amount of unearned income in a month that differs from the estimated amount of monthly unearned income by more than $50.
49.27(4)(d)2.em.
em. The work-not-welfare group experiences an increase or decrease in child care expenses of more than $50 per month or a change in the maximum allowable child care disregard under
s. 49.19 (5) (a) 4s.
49.27(4)(d)2.g.
g. A person in the work-not-welfare group enters the 7th month of pregnancy.
49.27(4)(d)2.h.
h. A person in the work-not-welfare group experiences a life-threatening emergency, as defined by the department by rule.
49.27(4)(e)
(e)
Maximum number of benefit payments. Except as provided in
par. (g), a work-not-welfare group may not receive more than 24 monthly benefit payments determined under this subsection during the work-not-welfare group's benefit period. The benefit payments need not be for consecutive months.
49.27(4)(f)
(f)
Period of ineligibility. A work-not-welfare group may not receive a benefit payment determined under this subsection after the work-not-welfare group's benefit period has elapsed unless it has been at least 36 months since the work-not-welfare group received a benefit payment determined under this subsection.
49.27(4)(g)
(g)
Additional monthly payments; extension of benefit period. 49.27(4)(g)1.1. A work-not-welfare group shall receive one monthly benefit payment in addition to the 24 monthly benefit payments permitted under
par. (e) and a one-month extension to the work-not-welfare group's benefit period for each month after the work-not-welfare group's enrollment date in which each person in the work-not-welfare group meets at least one of the following conditions:
49.27(4)(g)1.a.
a. The person receives or has been determined to be eligible for a supplemental security income payment under
42 USC 1381 to
1383c or a supplemental payment under
s. 49.77 for the month.
49.27(4)(g)1.b.
b. The person is the head of household of the work-not-welfare group, is a nonlegally responsible relative of a dependent child in the work-not-welfare group and is not included in determining the payment under this subsection.
49.27(4)(g)1.c.
c. The person is required to attend school as part of the learnfare program under
s. 49.26.
49.27(4)(g)1.e.
e. The person is incapacitated or is needed in the home to care for a member of the work-not-welfare group who is incapacitated.
49.27(4)(g)1.f.
f. The person is needed in the home to care for a child who is under one year of age and who was born not more than 10 months after the work-not-welfare group's enrollment date.
49.27(4)(g)1.g.
g. The person requires child care services in order to participate in the employment and training program under
sub. (5), is subject to the employment and training requirements under
sub. (5) (b) and child care services are not available to the person under
sub. (10) (d) 3. for at least the number of hours specified as part of the person's assignment under
sub. (10) (d) 3.
49.27(4)(g)2.
2. A work-not-welfare group may receive monthly benefit payments in addition to the 24 monthly benefit payments permitted under
par. (e) and extensions to the group's benefit period if a county department under
s. 46.215,
46.22 or
46.23 determines, in accordance with rules promulgated by the department, that unusual circumstances exist that warrant an additional benefit payment and an extension of the benefit period.
49.27(4)(h)
(h)
Child support payments. Notwithstanding
s. 49.19 (4) (h) 1. b., the rights of work-not-welfare group members to support or maintenance from other persons, including rights to unpaid amounts accrued on the work-not-welfare group's enrollment date and rights to unpaid amounts accruing during the time that the work-not-welfare group member is subject to the work-not-welfare pilot program under
sub. (3), are not assigned to the state. Work-not-welfare group members shall comply with
s. 49.19 (4) (h) 1. a. and are subject to sanction under
s. 49.19 (4) (h) 2. Child support payments shall be treated as unearned income in determining eligibility for benefits and in determining the amount of a monthly benefit determined under this subsection. If child support payments are being received by the work-not-welfare group regularly, such payments shall be budgeted prospectively in determining the amount of any benefit determined under this subsection. If child support payments are not being received regularly, the payments may not be budgeted prospectively in determining the amount of any benefit determined under this subsection.
49.27(5)
(5) Employment and training requirements. 49.27(5)(a)(a)
Relation with other public assistance employment and training requirements. The department shall conduct the employment and training program described in this subsection as part of the job opportunities and basic skills program under
s. 49.193. Compliance with the employment and training program described in this subsection by a person in a work-not-welfare group satisfies the employment and training requirements of the job opportunities and basic skills program under
s. 49.193 and the food stamps workfare program under
7 CFR 273.22.
49.27(5)(b)
(b)
Persons subject to employment and training requirements. Notwithstanding
s. 49.193 (2) and except as provided in
par. (c), every person in a work-not-welfare group who is over 16 years of age shall comply with the requirements of the employment and training program described in this subsection, as a condition to receiving a benefit determined under
sub. (4).
49.27(5)(c)
(c)
Exemptions. A person is not subject to the requirements of the employment and training program described in this subsection in any month in which at least one of the following conditions is met:
49.27(5)(c)1.
1. The person is ill, incapacitated or of an advanced age within the meaning of
42 USC 602 (a) (19) (C) (i).
49.27(5)(c)2.
2. The person is needed in the home because of the illness or incapacity of another member of the work-not-welfare group.
49.27(5)(c)4.
4. The person is a nonlegally responsible relative of a dependent child in the work-not-welfare group and the person's needs are not considered in calculating the amount of the benefit determined under
sub. (4).
49.27(5)(c)5.
5. The person is required to attend school as part of the learnfare program under
s. 49.26.
49.27(5)(c)6.
6. The person is the head of household of the work-not-welfare group and is under 18 years of age.
49.27(5)(c)7.
7. The person is the caretaker of a child who is under 6 months of age.
49.27(5)(c)8.
8. The person is the caretaker of a child who is under one year of age and who was born no more than 10 months after the work-not-welfare group's enrollment date.
49.27(5)(c)9.
9. The person is pregnant and a physician has indicated that the person is unable to work.
49.27(5)(c)10.
10. The county department under
s. 46.215,
46.22 or
46.23 determines, in accordance with rules promulgated by the department, that the person has good cause for not complying with the employment and training requirements of this subsection.
49.27(5)(d)
(d)
Participation requirements. Within a 2-month period beginning on the work-not-welfare group's enrollment date, each member of the work-not-welfare group who is subject to the employment and training program described in this subsection shall participate in orientation activities under
sub. (10) (d) 2. Beginning on the first day of the month following the completion of the orientation activities under
sub. (10) (d) 2., each member of the work-not-welfare group who is subject to the employment and training program described in this subsection is required to participate in the employment and training program for a specified number of hours each month. The number of hours of participation required shall be based on the amount of the monthly benefit determined under
sub. (4) that is paid to the work-not-welfare group and on the number of persons in the work-not-welfare group who are subject to the the employment and training program described in this subsection. The department shall promulgate a rule specifying the manner in which the number of required hours is to be calculated. No person may be required to spend more than 40 hours per week participating in the employment and training program described under this subsection. The number of hours of participation required under this paragraph may not exceed the number of hours that a person is assigned under
sub. (10) (d) 3. If the person needs child care services, the number of hours of participation required under this paragraph also may not exceed the number of hours for which child care is made available under
sub. (10) (d) 3.
49.27(5)(e)
(e)
Program components and requirements. A county department under
s. 46.215,
46.22 or
46.23 shall operate the employment and training program described in this subsection in a manner designed to provide members of a work-not-welfare group who are over age 16 with the means to achieve long-term independence from public assistance, including, where appropriate, education. The employment and training program described in this subsection shall include all of the same program components and requirements as in
s. 49.193, except that:
49.27(5)(e)1.
1. The services priorities in
s. 49.193 (2) (b) do not apply to persons who are subject to the employment and training program described in this subsection, all of whom shall receive equal priority.
49.27(5)(e)3.
3. Notwithstanding
s. 49.193 (6) (c), a person who is subject to the employment and training program described in this subsection may be required to work more than 32 hours per week and more than 16 weeks in a 12-month period in a community work experience program.
49.27(5)(e)5.
5. A person in need of a high school diploma shall be assigned to a course of study meeting the standards established by the secretary of education for the granting of a declaration of equivalency of high school graduation unless the person demonstrates a basic literacy level or the employability plan for the individual identifies a long-term employment goal that does not require a high school diploma or a declaration of equivalency.
49.27(5)(e)6.
6. In addition to the employment and training activities under
s. 49.193 (4) to
(7), the employment and training program described in this subsection shall include an independence jobs program, providing for subsidized employment in the public sector.
