49.77(2)(a)3.
3. Any needy person or couple residing in this state whose income, after deducting income excludable under federal Title XVI, is less than the combined benefit level available under federal Title XVI and this section, if at least one of the following requirements are met:
49.77(2)(a)3.a.
a. The person or couple was eligible for a state supplement under this section based on the last federal eligibility determination prior to January 1, 1996, but was not eligible to receive a payment under federal Title XVI on that date.
49.77(2m)
(2m) Supplemental payment levels. The department may submit a proposal to change the amount of supplemental payments under this section to the secretary of administration. If the secretary of administration approves the proposal, he or she shall submit it to the joint committee on finance for approval, modification or disapproval. Joint committee on finance approval of a change in the amount of supplemental payments will be considered to be given, if within 14 calendar days after the secretary of administration files a proposal with the joint committee on finance, the committee has not scheduled a public hearing or executive session to review the proposal. Payment changes approved by the joint committee on finance are subject to the approval of the governor. Following action by the joint committee on finance, the governor shall have 10 days, not including Sundays, to communicate approval or disapproval in writing. If no action is taken by the governor within that time, the decision of the joint committee on finance shall take effect. The procedures under
s. 13.10 do not apply to this subsection.
49.77(3)
(3) Minimum supplemental payment in certain cases. The total monthly benefits received under this section and federal Title XVI by a person or couple described in
sub. (2) (a) 1. shall not be less than the total state cash assistance payment amount plus gross earned and unearned income, received by such person or couple for December of 1973.
49.77(3g)
(3g) Federal payments. If federal supplemental security income payments increase, the department may, with approval as provided under
sub. (2m), reduce payments under this section by all or part of the amount of the increase, subject to
42 USC 1382g.
49.77(3s)
(3s) Increased supplemental payment in certain cases. 49.77(3s)(a)(a) The department shall authorize the payment of an increased state supplement to a person receiving payments under this section who resides in a residential setting if the person needs at least 40 hours per month of supportive home care, daily living skills training or community support services.
49.77(3s)(b)1.1. If a person receiving payments under this section is a minor child residing with a parent, only services needed when the parent is away from the residence for purposes of employment count toward the 40-hour requirement in
par. (a).
49.77(3s)(b)2.
2. If a person receiving payments under this section resides with a spouse, only services needed either because the spouse is away from the residence for purposes of employment or because the spouse is physically or mentally unable to provide the care count toward the 40-hour requirement in
par. (a).
49.77(3s)(c)
(c) The department shall establish a uniform assessment process for determining eligibility under this subsection.
49.77(3s)(d)
(d) The amount payable under this subsection equals the amount of the state supplement under
sub. (2) (a) paid to persons living in nonmedical group homes.
49.77(4)
(4) Optional federal administration. 49.77(4)(a)(a) The department may enter into an agreement with the secretary under which the secretary will provide supplemental payments to all eligible persons on behalf of the state or any of its subdivisions. Under the agreement the department shall pay to the secretary an amount specified in accordance with agreed procedures. The department may make advance payments to the secretary if the agreement so provides.
49.77(4)(b)
(b) The department may enter into an agreement with the secretary under which the secretary may determine eligibility for medical assistance in the case of aged, blind or disabled individuals under the state plan approved under Title XIX of the social security act.
49.77(4)(c)
(c) Agreements made under this subsection or modifications to such agreements require prior approval or amendment by the joint committee on finance. Prior approval will be deemed to be given if within 21 calendar days following the department filing a proposed modification with the joint committee on finance, the committee has not scheduled a public hearing or executive session to review the proposed modification. Agreements or modifications to such agreements approved by the joint committee on finance shall be subject to the approval of the governor. Following action by the joint committee on finance, the governor shall have 10 days, not including Sundays, to communicate approval or disapproval in writing. If no action is taken by the governor within that time, the decision of the joint committee on finance shall take effect. The procedures under
s. 13.10 do not apply to this paragraph.
49.77(5)
(5) Income determination. In determining the amount of aid to be granted a person applying for supplemental payments under this section, income shall be disregarded to the extent allowed by federal regulations.
GENERAL PROVISIONS
49.81
49.81
Public assistance recipients' bill of rights. The department of health and family services, the department of industry, labor and job development and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the
U.S. constitution and the constitution of this state, and in addition shall include:
49.81(1)
(1) The right to be treated with respect by state agents.
49.81(2)
(2) The right to confidentiality of agency records and files on the recipient. Nothing in this subsection shall prohibit the use of such records for auditing or accounting purposes.
49.81(3)
(3) The right to access to agency records and files relating to the recipient, except that the agency may withhold information obtained under a promise of confidentiality.
49.81(4)
(4) The right to a speedy determination of the recipient's status or eligibility for public assistance, to notice of any proposed change in such status or eligibility, and, in the case of assistance granted under
s. 49.19,
49.46,
49.468 or
49.47, to a speedy appeals process for resolving contested determinations.
49.82
49.82
Administration of public assistance programs. 49.82(1)(1)
Departments to advise counties. The department of health and family services and the department of industry, labor and job development shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary blanks and reports. The department of health and family services and the department of industry, labor and job development shall also publish such information as it deems advisable to acquaint persons entitled to public assistance and the public generally with the laws governing public assistance under this chapter.
49.82(2)
(2) Eligibility verification. Proof shall be provided for each person included in an application for public assistance under this chapter, except for a child who is eligible for medical assistance under
s. 49.46 or
49.47 because of
42 USC 1396a (e) (4), of his or her social security number or that an application for a social security number has been made.
49.83
49.83
Limitation on giving information. Except as provided under
s. 49.32 (9),
(10) and
(10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin works under
ss. 49.141 to
49.161, social services, child and spousal support and establishment of paternity services under
s. 49.22 or supplemental payments under
s. 49.77 for any purpose not connected with the administration of the programs. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.
49.83 Note
NOTE: This section is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
49.83 History
History: 1995 a. 27 ss.
3142,
3144; Stats. 1995 s. 49.83;
1995 a. 289,
361,
404; s. 13.93 (2) (c).
49.84
49.84
Verification of public assistance applications. 49.84(1)(1) Any person who applies for any public assistance shall execute the application or self-declaration in the presence of the welfare worker or other person processing the application. This subsection does not apply to any superintendent of a mental health institute, director of a center for the developmentally disabled, superintendent of a state treatment facility or superintendent of a state correctional facility who applies for public assistance on behalf of a patient.
49.84(2)
(2) At the time of application, the agency administering the public assistance program shall apply to the department of health and family services for a certified copy of a birth certificate for the applicant if the applicant is required to provide a birth certificate or social security number as part of the application and for any person in the applicant's household who is required to provide a birth certificate or social security number. The department of health and family services shall provide without charge any copy for which application is made under this subsection.
49.84(3)
(3) Notwithstanding
subs. (1) and
(2), personal identification documentation requirements may be waived for 10 days for an applicant for relief funded by a relief block grant, if the applicant agrees to cooperate with the relief agency by providing information necessary to obtain proper identification.
49.84(4)
(4) Notwithstanding
sub. (2), the relief agency receiving an application under
sub. (3) shall pay on behalf of any applicant under
sub. (3) fees required for the applicant to obtain proper identification.
49.84(5)
(5) A person applying for Wisconsin works under
ss. 49.141 to
49.161, aid to families with dependent children under
s. 49.19, medical assistance under
subch. IV or food stamp program benefits under
7 USC 2011 to
2029 shall, as a condition of eligibility, provide a declaration and other verification of citizenship or satisfactory immigration status as required by the department by rule or as required in
42 USC 1320b-7 (d).
49.85
49.85
Certification of certain public assistance overpayments. 49.85(1)(1)
County department notification requirement. If a county department under
s. 46.215,
46.22 or
46.23, a governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency determines that the department of health and family services may recover an amount under
s. 49.497 or that the department of industry, labor and job development may recover an amount under
s. 49.125,
49.161 or
49.195 (3), the county department or governing body shall notify the affected department of the determination.
49.85(2)(a)(a) At least annually, the department of health and family services shall certify to the department of revenue the amounts that, based on the notifications received under
sub. (1) and on other information received by the department of health and family services, the department of health and family services has determined that it may recover under
s. 49.497, except that the department of health and family services may not certify an amount under this subsection unless it has met the notice requirements under
sub. (3) and unless its determination has either not been appealed or is no longer under appeal.
49.85(2)(b)
(b) At least annually, the department of industry, labor and job development shall certify to the department of revenue the amounts that, based on the notifications received under
sub. (1) and on other information received by the department of industry, labor and job development, the department of industry, labor and job development has determined that it may recover under
ss. 49.125,
49.161 and
49.195 (3), except that the department of industry, labor and job development may not certify an amount under this subsection unless it has met the notice requirements under
sub. (3) and unless its determination has either not been appealed or is no longer under appeal.
49.85(3)(a)(a) At least 30 days before certification of an amount, the department of health and family services shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:
49.85(3)(a)1.
1. Inform the person that the department of health and family services intends to certify to the department of revenue an amount that the department of health and family services has determined to be due under
s. 49.497, for setoff from any state tax refund that may be due the person.
49.85(3)(a)2.
2. Inform the person that he or she may appeal the determination of the department of health and family services to certify the amount by requesting a hearing under
sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
49.85(3)(a)3.
3. Inform the person that, if the determination of the department of health and family services is appealed, that department will not certify the amount to the department of revenue while the determination of the department of health and family services is under appeal.
49.85(3)(a)4.
4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of health and family services, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
49.85(3)(a)5.
5. Request that the person inform the department of health and family services if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.
49.85(3)(a)6.
6. Inform the person that the person may need to contact the department of revenue in order to protect the refunds of spouses who are not liable for the claim.
49.85(3)(b)
(b) At least 30 days before certification of an amount, the department of industry, labor and job development shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:
49.85(3)(b)1.
1. Inform the person that the department of industry, labor and job development intends to certify to the department of revenue an amount that the department of industry, labor and job development has determined to be due under
s. 49.125,
49.161 or
49.195 (3), for setoff from any state tax refund that may be due the person.
49.85(3)(b)2.
2. Inform the person that he or she may appeal the determination of the department of industry, labor and job development to certify the amount by requesting a hearing under
sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
49.85(3)(b)3.
3. Inform the person that, if the determination of the department of industry, labor and job development is appealed, that department will not certify the amount to the department of revenue while the determination of the department of industry, labor and job development is under appeal.
49.85(3)(b)4.
4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of industry, labor and job development, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
49.85(3)(b)5.
5. Request that the person inform the department of industry, labor and job development if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.
49.85(3)(b)6.
6. Inform the person that the person may need to contact the department of revenue in order to protect the refunds of spouses who are not liable for the claim.
49.85(4)(a)(a) If a person has requested a hearing under this subsection, the department of health and family services shall hold a contested case hearing under
s. 227.44, except that the department of health and family services may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.
49.85(4)(b)
(b) If a person has requested a hearing under this subsection, the department of industry, labor and job development shall hold a contested case hearing under
s. 227.44, except that the department of industry, labor and job development may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.
49.85(5)
(5) Effect of certification. Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under
s. 71.93. Certification of an amount under this section does not prohibit the department of health and family services or the department of industry, labor and job development from attempting to recover the amount through other legal means. The department of health and family services or the department of industry, labor and job development shall promptly notify the department of revenue upon recovery of any amount previously certified under this section.
49.85 History
History: 1993 a. 437,
1995 a. 27 ss.
2143 to
2157,
3212,
9126 (19),
9130 (4); Stats. 1995 s. 49.85;
1995 a. 289.
49.855
49.855
Certification of delinquent payments. 49.855(1)
(1) If a person obligated to provide child support or maintenance is delinquent in making court-ordered payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses or birth expenses, the clerk of circuit court or county support collection designee under
s. 59.07 (97m) [59.53 (5m)], whichever is appropriate, upon application of the county designee under
s. 59.53 (5) or the department of industry, labor and job development, shall certify the delinquent payment or outstanding amount to the department of industry, labor and job development.
49.855 Note
NOTE: Sub. (1) is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
49.855(2)
(2) At least annually, the department of industry, labor and job development shall provide to the department of revenue the certifications that it receives under
sub. (1) and any certifications of delinquencies or outstanding amounts that it receives from another state because the obligor resides in this state.
49.855(2m)
(2m) At least annually, the department of health and family services shall certify to the department of revenue any obligation owed to the department of health and family services under
s. 46.10 if the obligation is rendered to a judgment.
49.855(3)
(3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under
s. 71.93 (3),
(6) and
(7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under
s. 46.10 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under
s. 59.07 (97m) [59.53 (5m)] is prohibited from disbursing the obligor's state tax refund or credit. The family court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance. An obligor may, within 20 days of receiving notice that the amount certified shall be withheld from his or her federal tax refund or credit, request a hearing under this subsection.
49.855 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
49.855(4)
(4) The department of revenue shall send that portion of any state or federal tax refunds or credits withheld for delinquent child support or maintenance or past support, medical expenses or birth expenses to the department of industry, labor and job development for distribution to the appropriate clerk of circuit court or county support collection designee under
s. 59.07 (97m) [59.53 (5m)]. The department of industry, labor and job development shall make a settlement at least annually with the department of revenue and with each clerk of circuit court or county support collection designee under
s. 59.07 (97m) [59.53 (5m)] who has certified a delinquent obligation or outstanding amount for past support, medical expenses or birth expenses. The settlement shall state the amounts certified, the amounts deducted from tax refunds and credits and returned to the clerk of circuit court or county support collection designee under
s. 59.07 (97m) [59.53 (5m)] and the administrative costs incurred by the department of revenue. The department of industry, labor and job development may charge the county whose clerk of circuit court or [county] support collection designee under
s. 59.07 (97m) [59.53 (5m)] certified the obligation or outstanding amount the related administrative costs incurred by the department of industry, labor and job development and the department of revenue.
49.855 Note
NOTE: The bracketed numbers indicate the correct cross-references. The bracketed "county" was inserted by
1995 Wis. Act 404 without being shown as underscored. The change was intended. Corrective legislation is pending.
49.855(4m)(a)(a) In this subsection, "vendor" means a person providing goods or services to this state under
subch. IV or
V of ch. 16 or under
ch. 84 or any medical assistance provider, as defined under
s. 49.43 (10).
49.855(4m)(b)
(b) The department of revenue may provide a certification that it receives under
sub. (2) or
(2m) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits or assistance under s.
45.352, 1971 stats.,
s. 45.351 (1), this chapter or
ch. 46 or
108.If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits or assistance under s.
45.352, 1971 stats.,
s. 45.351 (1), this chapter or
ch. 46 or
108, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under
s. 46.10 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under
s. 59.07 (97m) [59.53 (5m)] may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.
49.855 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
49.855(4m)(c)
(c) Except as provided by order of the court after hearing under
par. (b), the department of administration shall continue withholding until the amount certified is recovered in full. The department of administration shall transfer the amounts withheld under this paragraph to the department of industry, labor and job development for distribution to the appropriate clerk of court, county support collection designee under
s. 59.07 (97m) [59.53 (5m)] or department of health and family services, whichever is appropriate.
49.855 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
49.855(5)
(5) Certification of an obligation to the department of industry, labor and job development does not deprive any party of the right to collect the obligation or to prosecute the obligor. The clerk of court or county support collection designee under
s. 59.07 (97m) [59.53 (5m)], whichever is appropriate, shall immediately notify the department of industry, labor and job development of any collection of an obligation that has been certified by the clerk of court or county support collection designee under
s. 59.07 (97m) [59.53 (5m)]. The department of industry, labor and job development shall correct the certified obligation according to the amount the county has collected and report the correction to the department of revenue.
49.855 Note
NOTE: The bracketed language indicates the correct cross-references. Corrective legislation is pending.
49.855(6)
(6) If the state implements the child and spousal support and paternity program under
s. 59.53 (5), the state may act under this section in place of the county designee under
s. 59.07 (97) [59.53 (5)].
49.855 Note
NOTE: Sub. (6) is shown as affected by 2 acts of the 1995 legislature. The correct cross-reference is shown in brackets. Correction legislation is pending.
49.855(7)
(7) The department of industry, labor and job development may provide a certification under
sub. (1) to a state agency or authority under
s. 21.49 (2) (e),
36.11 (6) (b),
36.25 (14),
36.34 (1),
39.30 (2) (e),
39.38 (2),
39.435 (6),
39.44 (4),
39.47 (2m),
45.351 (2) (c),
45.356 (6),
45.396 (6),
45.74 (6),
145.245 (5m) (b),
234.04 (2),
234.49 (1) (c),
234.59 (3) (c),
234.65 (3) (f),
234.90 (3) (d) or
(3g) (c),
234.905 (3) (d),
281.65 (8) (L) or
949.08 (2) (g).
49.855 Note
NOTE: Sub. (7) is shown as affected by 2 acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
