49.145(2)(f)1.a.
a. Every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at establishing the paternity of any minor child of that parent regardless of whether the parent is the custodial or noncustodial parent of that child. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to paternity establishment and may not be required if the parent has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
49.145(2)(f)1.b.
b. Every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible, regardless of whether the parent is the custodial or noncustodial parent of the minor child. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to collection of support payments and may not be required if the parent has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
49.145(2)(f)2.
2. An individual who is a member of a Wisconsin works group that fails 3 times to meet the requirements under
subd. 1. remains ineligible until all of the members of Wisconsin works group cooperate or for a period of 6 months, whichever is later.
49.145(2)(g)
(g) The individual furnishes the Wisconsin works agency with any relevant information that the Wisconsin works agency determines is necessary, consistent with rules promulgated by the department, within 7 working days after receiving a request for the information from the Wisconsin works agency. The Wisconsin works agency may extend the 7-day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency.
49.145(2)(h)
(h) The individual has made a good faith effort, as determined by the Wisconsin works agency on a case-by-case basis, to obtain employment and has not refused any bona fide offer of employment within the 180 days immediately preceding application.
49.145(2)(hm)
(hm) If the individual has applied for Wisconsin works within the 180 days immediately preceding the current application, the individual has cooperated with the efforts of a Wisconsin works agency to assist the individual in obtaining employment.
49.145(2)(i)
(i) The individual is not receiving supplemental security income under
42 USC 1381 to
1383c or state supplemental payments under
s. 49.77 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under
s. 49.775. The department may require an individual who receives benefits under
s. 49.148 and who has applied for supplemental security income under
42 USC 1381 to
1383c to authorize the federal social security administration to reimburse the department for the benefits paid to the individual under
s. 49.148 during the period that the individual was entitled to supplemental security income benefits to the extent that retroactive supplemental security income benefits are made available to the individual.
49.145(2)(j)
(j) On the last day of the month, the individual is not participating in a strike.
49.145(2)(k)
(k) The individual applies for or provides a social security account number as required by the department.
49.145(2)(L)
(L) The individual satisfies other eligibility criteria established by the department by rule.
49.145(2)(m)
(m) The individual reports any change in circumstances that may affect his or her eligibility to the Wisconsin works agency within 10 days after the change.
49.145(2)(n)1.1. Except as provided in
subd. 4., beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual or any adult member of the individual's Wisconsin works group has participated in, or has received benefits under, any of the following or any combination of the following does not exceed 60 months, whether or not consecutive:
49.145(2)(n)1.a.
a. The job opportunities and basic skills program under
s. 49.193. Active participation in the job opportunities and basic skills program begins to count toward the 60-month limit beginning on October 1, 1996.
49.145(2)(n)1.c.
c. Any program in this state or in any other state funded by a federal block grant for temporary assistance for needy families under title I of
P.L. 104-193, if the individual received benefits under that program that were attributable to funds provided by the federal government.
49.145(2)(n)2.
2. Except as provided in
subd. 4., in calculating the number of months in which the individual participated under
subd. 1., the Wisconsin works agency shall include any month in which any adult member of a Wisconsin works group participated in a Wisconsin works employment position, if the individual was a member of that Wisconsin works group during that month.
49.145(2)(n)3.
3. A Wisconsin works agency may extend the time limit under this paragraph only if the Wisconsin works agency determines, in accordance with rules promulgated by the department, that unusual circumstances exist that warrant an extension of the participation period.
49.145(2)(n)4.
4. In calculating the number of months under
subds. 1. and
2., a Wisconsin works agency shall exclude, to the extent permitted under federal law, any month during which any adult in the Wisconsin works group participated in any activity listed under
subd. 1. a. to
c. while living on a federally recognized American Indian reservation, in an Alaskan Native village or, in Indian country, as defined in
18 USC 1151, occupied by an Indian tribe, if, during that month, all of the following applied:
49.145(2)(n)4.a.
a. At least 1,000 individuals were living on the reservation or in the village or Indian country.
49.145(2)(n)4.b.
b. At least 50% of the adults living on the reservation or in the village or Indian country were unemployed.
49.145(2)(q)
(q) No other individual in the Wisconsin works group is a participant in a Wisconsin works employment position. This paragraph does not apply to an individual applying for a job access loan.
49.145(2)(rm)
(rm) The individual is not violating a condition of probation, extended supervision or parole imposed under federal or state law.
49.145(2)(s)
(s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any Wisconsin works benefit is paid to the individual. If a minor who is a beneficiary of any Wisconsin works benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit under Wisconsin works, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin works benefit in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin works, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits under Wisconsin works may be considered assigned to this state. Except as provided in
s. 49.1455, any money received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin works shall be paid to the individual applying for or participating in Wisconsin works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.
49.145(2)(v)
(v) The individual states in writing whether the individual has been convicted in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance, as defined in
21 USC 802 (6).
49.145(3)
(3) Financial eligibility requirements. An individual is eligible for a Wisconsin works employment position and a job access loan only if all of the following financial eligibility requirements are met:
49.145(3)(a)
(a) Resource limitations. The individual is a member of a Wisconsin works group whose assets do not exceed $2,500 in combined equity value. In determining the combined equity value of assets, the Wisconsin works agency shall exclude the equity value of vehicles up to a total equity value of $10,000, and one home that serves as the homestead for the Wisconsin works group.
49.145(3)(b)
(b) Income limitations. The individual is a member of a Wisconsin works group whose gross income is at or below 115% of the poverty line. In calculating gross income under this paragraph, the Wisconsin works agency shall include all of the following:
49.145(3)(b)1.
1. All earned and unearned income of the individual, except any amount received under section
32 of the internal revenue code, as defined in
s. 71.01 (6), any amount received under
s. 71.07 (9e), any payment made by an employer under section
3507 of the internal revenue code, as defined in
s. 71.01 (6), and any assistance received under
s. 49.148.
49.145(3)(b)2.
2. Child support payments received by the individual on behalf of a child who is a member of the Wisconsin works group. The Wisconsin works agency shall not include child support payments received by the department under an assignment under
sub. (2) (s) unless the department has distributed the money to the individual.
49.145(3)(b)3.
3. The income of a nonmarital coparent or of the individual's spouse, if the spouse resides in the same home as the dependent child.
49.145(4)
(4) Review of eligibility. A Wisconsin works agency shall periodically review an individual's eligibility. The individual remains eligible under
sub. (3) until the Wisconsin works group's assets exceed the asset limits for at least 2 months or until the income of the Wisconsin works group is expected to exceed the income limits for at least 2 consecutive months.
49.145 History
History: 1995 a. 289;
1997 a. 27,
191,
237,
283.
49.1455
49.1455
Child support demonstration project. The department may conduct a demonstration project, pursuant to the terms and conditions of a federal waiver, under which the department may pay to an individual whom the department has selected to be part of a control group a portion of the amount of child support received by the department under an assignment by the individual under
s. 49.145 (2) (s).
49.1455 History
History: 1997 a. 27.
49.146
49.146
Employer criteria. The department shall establish by rule criteria that an employer providing a Wisconsin works employment position must meet in order to employ a participant under
s. 49.147 (3) to
(5). An employer that does not meet the criteria established under this section is ineligible to receive any subsidy for any position provided to a participant.
49.146 History
History: 1995 a. 289.
49.147
49.147
Wisconsin works; work programs and job access loans. 49.147(1)(c)
(c) "Unsubsidized employment" means employment for which the Wisconsin works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities.
49.147(2)(a)(a)
Job search, orientation and training activities. 49.147(2)(a)1.1. An individual who applies for a Wisconsin works employment position may be required by the Wisconsin works agency to search for unsubsidized employment during the period that his or her application is being processed as a condition of eligibility. A participant in a Wisconsin works employment position shall search for unsubsidized employment throughout his or her participation. The department shall define by rule satisfactory search efforts for unsubsidized employment.
49.147(2)(a)2.
2. A Wisconsin works agency may require an applicant for a Wisconsin works employment position to participate in job orientation during the period that his or her application is being processed as a condition of eligibility. A Wisconsin works agency may require a participant in a Wisconsin works employment position to engage in training activities in accordance with rules promulgated by the department as part of the participant's participation requirements.
49.147(2)(b)
(b)
Job search assistance. A Wisconsin works agency shall assist a participant in his or her search for unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement in unsubsidized employment over placements under
subs. (3) to
(5).
49.147(3)(a)(a)
Administration. A Wisconsin works agency shall administer a trial job program as part of its administration of the Wisconsin works program to improve the employability of individuals who are not otherwise able to obtain unsubsidized employment, as determined by the Wisconsin works agency, by providing work experience and training to assist them to move promptly into unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement under this subsection over placements under
subs. (4) and
(5). The Wisconsin works agency shall pay a wage subsidy to an employer that employs a participant under this subsection and agrees to make a good faith effort to retain the participant as a permanent unsubsidized employe after the wage subsidy is terminated. The wage subsidy may not exceed $300 per month for full-time employment of a participant. For less than full-time employment of a participant during a month, the wage subsidy may not exceed a dollar amount determined by multiplying $300 by a fraction, the numerator of which is the number of hours worked by the participant in the month and the denominator of which is the number of hours which would be required for full-time employment in that month.
49.147(3)(am)
(am)
Education or training activities. A trial job includes education and training activities, as prescribed by the employer as an integral part of work performed in the trial job employment.
49.147(3)(b)
(b)
Worker's compensation. The employer shall provide the participant with worker's compensation coverage.
49.147(3)(c)
(c)
Time-limited participation. A participant under this subsection may participate in a trial job for a maximum of 3 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin works agency. A participant may participate in more than one trial job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin works agency may grant an extension of the 24-month limit on a case-by-case basis if the participant has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant, as determined by a Wisconsin works agency and approved by the department.
49.147(4)(a)(a)
Administration. A Wisconsin works agency shall administer a community service job program as part of its administration of Wisconsin works to improve the employability of an individual who is not otherwise able to obtain sufficient employment, as determined by the Wisconsin works agency, by providing work experience and training, if necessary, to assist the individual to move promptly into unsubsidized public or private employment or a trial job. In determining an appropriate placement for a participant, a Wisconsin works agency shall give placement under this subsection priority over a placement under
sub. (5). Community service jobs shall be limited to projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated by the projects. After every 6 months of an individual's participation under this subsection and at the conclusion of each assignment under this subsection, a Wisconsin works agency shall reassess the individual's employability.
49.147(4)(b)1.1. `Required hours.' Except as provided in
subd. 1m., a participant under this paragraph may be required to participate in any of the following:
49.147(4)(b)1.a.
a. Education and training activities for not more than 10 hours per week assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this
subd. 1. a., which shall include a course of study meeting the standards established under
s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses and educational courses that provide an employment skill. Permissible education under this
subd. 1. a. shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.
49.147(4)(b)1.b.
b. A community service job for not more than 30 hours per week.
49.147(4)(b)1.c.
c. For the first 2 weeks of participation under this paragraph, an assessment and motivational training program identified by the community steering committee under
s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than 40 hours of participation per week under this
subd. 1. c. in lieu of the participation requirements under
subd. 1. a. and
b.
49.147(4)(b)1m.
1m. `Education for 18-year-old and 19-year-old students.' A Wisconsin works agency shall permit a participant under this paragraph who has not attained the age of 20 and who has not obtained a high school diploma or a declaration of equivalency of high school graduation to attend high school or enroll in a course of study meeting the standards established under
s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation to satisfy, in whole or in part, the required hours of participation in a community service job under
subd. 1.
49.147(4)(b)2.
2. `Time-limited participation.' An individual may participate under this paragraph in a particular community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job under this paragraph, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin works agency and approved by the department, and if the Wisconsin works agency determines, and the department agrees, that no trial job opportunities are available in the specified local labor market.
49.147(4)(b)3.
3. `Worker's compensation.' A participant under this paragraph is an employe of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation.
49.147(4)(c)1.1. `Definition.' In this paragraph, "employer" means a nonprofit, nonstock corporation organized under
ch. 181 with which the Wisconsin works agency contracts under
subd. 1m. to provide employment to a participant.
49.147(4)(c)1g.
1g. `Limited scope.' The department shall permit this paragraph to be implemented by 2 Wisconsin works agencies in Milwaukee County that are selected by the department based on requests received by the department from those Wisconsin works agencies.
49.147(4)(c)1m.
1m. `Employment arrangement.' A Wisconsin works agency may contract with a nonprofit, nonstock corporation organized under
ch. 181 to provide employment to the participant. The contract shall require the Wisconsin works agency to reimburse the employer for the amounts paid by the employer for the wages and payroll taxes of the participant.
49.147(4)(c)2.
2. `Eligibility.' A Wisconsin works agency may not place an individual under this paragraph unless the individual is working at least 15 hours per week in an unsubsidized job.
49.147(4)(c)3.
3. `Work supplementation.' The Wisconsin works agency may require a participant under this paragraph to work not more than the lesser of the following in a community service job under this paragraph:
49.147(4)(c)3.b.
b. The difference between 40 hours and the number of hours that the participant works in an unsubsidized job.
49.147(4)(c)4.
4. `Time-limited participation.' An individual may participate under this paragraph in a particular community service job for a maximum of 3 months, with an opportunity for a one-month extension under circumstances approved by the department. An individual may participate in more than one community service job under this paragraph, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find adequate unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin works agency and approved by the department, and if the Wisconsin works agency determines, and the department agrees, that no trial job opportunities are available in the specified local labor market.
49.147(4)(c)5.
5. `Worker's compensation.' The Wisconsin works agency shall provide the participant with worker's compensation coverage, except to the extent that the employer for whom the participant is performing work provides worker's compensation.
49.147(4)(c)6.
6. `Sunset.' This paragraph does not apply after September 30, 2001.
Effective date note
NOTE: Sub. (4) is shown as repealed and recreated eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text
(4) Community service job. (a) Administration. A Wisconsin works agency shall administer a community service job program as part of its administration of Wisconsin works to improve the employability of individuals who are not otherwise able to obtain employment, as determined by the Wisconsin works agency, by providing work experience and training to assist them to move promptly into unsubsidized public or private employment or a trial job. In determining an appropriate placement for a participant, a Wisconsin works agency shall give placement under this subsection priority over placements under sub. (5). Community service jobs shall be limited to projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated from such projects. After each 6 months of an individual's participation under this subsection and at the conclusion of each assignment under this subsection, a Wisconsin works agency shall reassess the individual's employability.
Effective date text
(am) Education or training activities. A participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.
Effective date text
(as) Required hours. Except as provided in pars. (at) and (av), a Wisconsin works agency may require a participant placed in a community service job program to work not more than 30 hours per week in a community service job. A Wisconsin works agency may require a participant placed in the community service job program to participate in education or training activities for not more than 10 hours per week.
Effective date text
(at) Motivational training. A Wisconsin works agency may require a participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (as).
Effective date text
(av) Education for 18-year-old and 19-year-old students. A Wisconsin works agency shall permit a participant under this subsection who has not attained the age of 20 and who has not obtained a high school diploma or a declaration of equivalency of high school graduation to attend high school or enroll in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation to satisfy, in whole or in part, the required hours of participation in a community service job under par. (as).
Effective date text
(b) Time-limited participation. An individual may participate in a community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin works agency and approved by the department, and if the Wisconsin works agency determines, and the department agrees, that no trial job opportunities are available in the specified local labor market.
Effective date text
(c) Worker's compensation. A participant under this subsection is an employe of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.
49.147(5)(a)(a)
Additional eligibility criteria. An individual is eligible to participate in a transitional placement under this subsection if, in addition to meeting the eligibility requirements under
s. 49.145, any of the following conditions is met with respect to the individual:
49.147(5)(a)1.
1. The Wisconsin works agency determines, on the basis of an independent assessment by the division of vocational rehabilitation or similar agency or business, that the individual has been incapacitated, or will be incapacitated, for a period of at least 60 days.
49.147(5)(a)2.
2. The Wisconsin works agency determines that the individual is needed in the home because of the illness or incapacity of another member of the Wisconsin works group.
49.147(5)(a)3.
3. The Wisconsin works agency determines that the individual is incapable of performing a trial job or community service job.
49.147(5)(b)1.1. The Wisconsin works agency shall assign a participant under this subsection to work activities such as a community rehabilitation program, as defined by the department, a job similar to a community service job or a volunteer activity. A Wisconsin works agency may require a participant under this subsection to participate in any of the following:
49.147(5)(b)1.a.
a. An alcohol and other drug abuse evaluation, assessment and treatment program.
49.147(5)(b)1.c.
c. Mental health activities, as defined by the department by rule.
