Effective date note
NOTE: Sub. (2) is shown as amended eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text
(2) Community service jobs and transitional placements overpayments. Except as provided in sub. (3), the department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) and (c) from an individual who continues to receive benefits under s. 49.148 (1) (b) and (c) by reducing the amount of the individual's benefit payment by no more than 10%.
49.161(3)
(3) Overpayments caused by intentional program violations. If an overpayment under
sub. (1) or
(2) is the result of an intentional violation of
ss. 49.141 to
49.161 or of rules promulgated by the department under those sections, the department shall recover the overpayment by deducting an amount from the benefits received under
s. 49.148 (1) (a),
(b) or
(c), until the overpayment is recovered. The amount to be deducted each month may not exceed the following:
49.161(3)(a)
(a) For intentional program violations resulting in an overpayment that is less than $300, 10% of the amount of the monthly benefit payment.
49.161(3)(b)
(b) For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, $75.
49.161(3)(c)
(c) For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, $100.
49.161(3)(d)
(d) For intentional program violations resulting in an overpayment that is $2,500 or more, $200.
49.161 History
History: 1995 a. 289;
1997 a. 27.
49.175
49.175
Public assistance and local assistance funding. 49.175(1)(1)
Funds distribution. Except as provided in
sub. (2), within the limits of the appropriations under
s. 20.445 (3) (a),
(br),
(cm),
(dc),
(dz),
(e),
(em),
(jg),
(jL),
(k),
(L),
(Lm),
(mc),
(md),
(nL),
(pm) and
(ps), the department shall allocate the following amounts for the following purposes:
Effective date note
NOTE: Sub. (1) (intro.) is shown as amended eff. 1-4-99 by
1997 Wis. Act 27. Prior to 1-4-99 it reads:
Effective date text
49.175 Public assistance and local assistance funding. (1) Funds distribution. Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em), (g), (jg), (jL), (L), (Lm), (mc), (md), (nL), (pm) and (ps), the department shall allocate the following amounts for the following purposes:
49.175(1)(a)
(a)
Aid to families with dependent children. For benefits under
s. 49.19, $28,400,000 in fiscal year 1997-98.
49.175(1)(b)1.1. Except as provided in
subd. 2. for payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $158,678,000 in fiscal year 1998-99.
49.175(1)(b)2.
2. The department of revenue shall determine the amount that is required to pay claims approved under
s. 71.07 (9e) for participants under
s. 49.147 (4) (c). The department of workforce development shall subtract that amount from the allocation in
subd. 1. and transfer the amount to the appropriation under
s. 20.835 (2) (k).
Effective date note
NOTE: Par. (b) is shown as affected eff. 2-1-99 by
1997 Wis. Acts 27 and
252. Prior to 2-1-99 par. (b) reads:
Effective date text
(b) Subsidized employment. For payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $158,678,000 in fiscal year 1998-99.
49.175(1)(bg)
(bg)
Long-term and refugee supplement. For payments to Wisconsin works agencies as a supplement for long-term and refugee cases, $8,200,000 in fiscal year 1997-98 and $9,800,000 in fiscal year 1998-99.
49.175(1)(bm)
(bm)
Wisconsin works agency office costs. For payments to Wisconsin works agencies for office costs, $104,117,000 in fiscal year 1997-98 and $115,293,800 in fiscal year 1998-99.
49.175(1)(c)
(c)
Wisconsin works agency contingency fund. For contingency payments to Wisconsin works agencies for subsidized employment and office costs to be distributed under criteria established by the department, $25,000,000 in the 1997-99 fiscal biennium.
49.175(1)(cr)
(cr)
Credit assistance. For payments to Wisconsin works agencies in 1st class cities for the provision of credit establishment and credit repair assistance to Wisconsin works participants, not more than $3,000,000 in fiscal year 1997-98 and not more than $3,000,000 in fiscal year 1998-99. Notwithstanding
sub. (2), the department may not use any funds allocated under this paragraph for any other purpose under this subsection.
49.175(1)(d)
(d)
Job opportunities and basic skills program. For services provided under
s. 49.193, $15,079,800 in fiscal year 1997-98.
49.175(1)(e)
(e)
County income maintenance administration. For county income maintenance administration, $6,665,600 in fiscal year 1997-98.
49.175(1)(f)
(f)
State administration of public assistance programs. For state administration of public assistance programs, $37,449,500 in fiscal year 1997-98 and $34,338,100 in fiscal year 1998-99.
49.175(1)(fs)
(fs)
Food stamps for legal immigrants. For food stamp benefits provided under
s. 49.124 (8) to qualified aliens, as defined in
8 USC1641 (b), $4,600,000 in fiscal year 1998-99. Notwithstanding
sub. (2), the department may not use any funds allocated under this paragraph for any other purpose under this subsection. This paragraph does not apply to the extent that federally funded food stamp benefits for qualified aliens are restored by the federal government.
49.175(1)(g)
(g)
Emergency assistance. For emergency assistance under
s. 49.138, $3,300,000 in each fiscal year.
49.175(1)(h)
(h)
Funeral expenses. For funeral expenses under
s. 49.30, $3,300,000 in each fiscal year.
49.175(1)(i)
(i)
Learnfare case management. For case management services for learnfare pupils under
s. 49.26 (2), $2,619,100 in each fiscal year.
49.175(1)(j)
(j)
Local learnfare projects. For local projects under the learnfare program under
s. 49.26, $450,000 in fiscal year 1997-98.
49.175(1)(k)
(k)
Children first. For services under the work experience program for noncustodial parents under
s. 49.36, $1,316,400 in each fiscal year.
49.175(1)(L)
(L)
County fraud investigations and error reduction. For county fraud investigations and error reductions under
s. 49.197, $588,000 in each fiscal year.
49.175(1)(m)
(m)
Job access loans. For job access loans under
s. 49.147 (6), $3,645,600 in fiscal year 1997-98 and $866,900 in fiscal year 1998-99.
49.175(1)(n)
(n)
Employment skills advancement grants. For employment skills advancement grants under
s. 49.185, $833,300 in fiscal year 1997-98 and $1,000,000 in fiscal year 1998-99.
49.175(1)(o)
(o)
Direct child care services. For direct child care services under
s. 49.155, $155,547,200 in fiscal year 1997-98 and $177,427,200 in fiscal year 1998-99.
49.175(1)(p)
(p)
Indirect child care services. For indirect child care services under
s. 49.131 (2) (b) [
s. 49.155 (1g)], $6,002,400 in each fiscal year. Notwithstanding
sub. (2), the department may not use any funds allocated under this paragraph for any other purpose under this subsection.
49.175 Note
NOTE: The bracketed language indicates the correct cross-reference. Section 49.131 (2) (b) is renumbered s. 49.155 (1g) by
1997 Wis. Act 27. Corrective legislation is pending.
49.175(1)(q)
(q)
Reserve for benefit payments in a county with a population of 500,000 or more. For a reserve for benefit payments in a county with a population of 500,000 or more, $11,000,000 in fiscal year 1997-98 and $10,000,000 in fiscal year 1998-99.
49.175(1)(r)
(r)
Wisconsin works contracts in certain counties. For contracts with persons for oversight of the administrative structure of Wisconsin works, and of Wisconsin works agencies, in counties having a population of 500,000 or more, $1,000,000 in each fiscal year.
49.175(1)(s)
(s)
New hope project. For the new hope project under
s. 49.37, $1,560,000 in fiscal year 1997-98 and $690,000 in fiscal year 1998-99.
49.175(1)(t)
(t)
Transportation assistance. For transportation assistance under
s. 49.157, $1,000,000 in fiscal year 1997-98 and $2,000,000 in fiscal year 1998-99. The department may not distribute the funds under this paragraph unless the joint committee on finance supplements the appropriate appropriation from the appropriation under
s. 20.865 (4) (m).
49.175(1)(u)
(u)
Hospital paternity incentives. For hospital paternity incentive payments under
s. 69.14 (1) (cm), $54,000 in fiscal year 1997-98 and $144,000 in fiscal year 1998-99.
49.175(1)(v)
(v)
Passports for youth program. For the passports for youth program operated by the YMCA of Metropolitan Milwaukee, $500,000 in each fiscal year. The department may not distribute funds under this paragraph if the passports for youth program does not comply with
P.L. 104-193, section 103.
49.175(1)(w)
(w)
Transfer of federal funds to the department of health and family services. For the transfer of federal funds to the department of health and family services, as provided in
s. 20.445 (3) (md), for the following purposes, the following amounts:
49.175(1)(w)1.
1. `Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under
s. 48.57 (3m),
(3n) and
(3p), $15,720,400 in fiscal year 1997-98 and $22,116,400 in fiscal year 1998-99.
49.175(1)(w)2.
2. `Children of recipients of supplemental security income.' For payments made under
s. 49.775 for the support of the dependent children of recipients of supplemental security income, $5,550,200 in fiscal year 1997-98 and $13,260,000 in fiscal year 1998-99.
49.175(1)(w)3.
3. `Community aids.' For community aids, $31,800,000 in each fiscal year.
49.175(1)(w)4.
4. `Milwaukee County liaison.' For a Milwaukee County child welfare liaison funded from the appropriation under
s. 20.435 (8) (kx), $104,000 in fiscal year 1997-98 and $108,100 in fiscal year 1998-99.
49.175(2)(a)(a) With the approval of the secretary of administration, the department may use not more than 10% of the amounts required to be allocated for a purpose specified in any paragraph under
sub. (1) for any other purpose specified in any other paragraph under
sub. (1) in each fiscal year.
49.175(2)(b)
(b) The department may use more than 10% if all of the following conditions are met:
49.175(2)(b)1.
1. The secretary of administration approves the transfer.
49.175(2)(b)2.
2. The department submits a request for the transfer to the joint committee on finance and the joint committee on finance does not, within 14 days after receiving the request, schedule a meeting to review the transfer. If, within 14 days after receiving the request, the joint committee on finance schedules a meeting to review the transfer, the department may not use for another purpose specified under any paragraph under
sub. (1) more than 10% of the amounts required to allocated for a different purpose specified in any other paragraph under
sub. (1) unless it is approved by the committee, which may modify the proposed transfer.
49.175 History
History: 1997 a. 27,
105,
236,
237,
252,
318.
49.185
49.185
Employment skills advancement program. 49.185(1)(c)
(c) "Family" means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent and all dependent children with respect to whom the individual's dependent child is a custodial parent. "Family" includes any nonmarital coparent, as defined in
s. 49.141 (1) (i), or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent. "Family" does not include any person who is receiving benefits under
s. 49.027 (3) (b).
49.185(2)
(2) Grants. A person contracting with the department under
sub. (4) may make an employment skills advancement grant of up to $500 to an individual eligible under
sub. (3) for tuition, books, transportation or other direct costs of training or education in a vocational training or education program.
49.185(3)
(3) Eligibility. An individual is eligible for an employment skills advancement grant only if all of the following eligibility requirements are met:
49.185(3)(a)
(a) The training or education is approved by the person contracting with the department under
sub. (4) as part of a career training or education plan that will lead to increased income.
49.185(3)(b)
(b) The individual is at least 18 years of age and is a custodial parent of a minor child.
49.185(3)(c)
(c) The individual has been determined eligible for aid under
s. 49.19 or for a Wisconsin works employment position under
s. 49.145 within 5 years before applying for a grant.
49.185(3)(d)
(d) The individual has been employed in an unsubsidized job for at least 9 consecutive months before applying for a grant.
49.185(3)(e)
(e) The individual is working an average of at least 40 hours per week, unless the employer and the person contracting with the department under
sub. (4) agree that the person may work fewer hours.
49.185(3)(f)
(f) The assets of the individual's family do not exceed $2,500 in combined equity value, excluding the equity value of vehicles up to a total equity value of $10,000 and one home in which the family lives.
49.185(3)(g)
(g) The income of the individual's family does not exceed 165% of the poverty line.
49.185(3)(h)
(h) The individual has sought other forms of assistance, as required by the department.
49.185(3)(i)
(i) The individual contributes an amount at least equal to the amount of the grant, and obtains funding from other sources in an amount at least equal to the amount of the grant, for tuition, books, transportation or other direct costs of the training or education.
49.185(3)(j)
(j) The amount of the grant plus the amount of any grant that that individual has previously received under this section does not exceed $500.
49.185(4)
(4) Administration. The department may contract with any person to administer the program under this section. The department shall contract with one person to administer the program in each area of the state, as determined by the department.
49.185(5)
(5) Applicability. This section applies beginning on the date stated in the notice under
s. 49.141 (2) (d), or on November 1, 1997, whichever is later.
49.185 History
History: 1995 a. 289;
1997 a. 27.
49.19
49.19
Aid to families with dependent children. 49.19(1)(a)(a) In this section, "dependent child" means a child under the age of 18 or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19, is under the age of 19, who:
49.19(1)(a)1.
1. Has been deprived of parental support or care by reason of the death, continued absence from the home other than absence occasioned solely by reason of the performance of active duty in the uniformed services of the United States, unemployment or incapacity of a parent; and
49.19(1)(a)2.a.a. Is living with a parent; a blood relative, including those of half-blood, and including first cousins, nephews or nieces and persons of preceding generations as denoted by prefixes of grand, great or great-great; a stepfather, stepmother, stepbrother or stepsister; a person who legally adopts the child or is the adoptive parent of the child's parent, a natural or legally adopted child of such person or a relative of an adoptive parent; or a spouse of any person named in this subparagraph even if the marriage is terminated by death or divorce; and is living in a residence maintained by one or more of these relatives as the child's or their own home, or living in a residence maintained by one or more of these relatives as the child's or their own home because the parents of the child have been found unfit to have care and custody of the child; or
49.19(1)(a)2.b.
b. Is living in a foster home or treatment foster home licensed under
s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under
s. 48.625 or in a child-caring institution licensed under
s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution by a county department under
s. 46.215,
46.22 or
46.23, by the department of health and family services, by the department of corrections or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.
49.19(1)(b)
(b) Any individual may apply for aid to families with dependent children and shall have opportunity to do so. Application for aid shall be made on forms prescribed by the department. Any person having knowledge that any child is dependent upon the public for proper support or that the interest of the public requires that such child be granted aid may bring the facts to the notice of an agency administering such aid in the county in which the child resides.
49.19(1)(c)1.1. "Aid to families with dependent children" means money payments with respect to, or vendor payments as prescribed by the department, or medical care in behalf of or any type of remedial care recognized under
subs. (1) to
(10) or
s. 49.46 or necessary burial expenses as defined in
sub. (5) in behalf of a dependent child or dependent children.
49.19(1)(c)2.
2. "Aid to families with dependent children" also includes such aid to meet the needs of the relative with whom any dependent child is living and the spouse of the relative if:
49.19(1)(c)2.a.
a. The spouse is living with the relative, the relative is the child's parent and the child is a dependent child by reason of the physical or mental incapacity of a parent; or
49.19(1)(c)2.b.
b. The spouse is a convicted offender permitted to live at home but precluded from earning a wage because the spouse is required by a court imposed sentence to perform unpaid public work or unpaid community service.
49.19(1)(c)3.
3. "Aid to families with dependent children" also includes payments made to another individual not a relative enumerated under
par. (a), pursuant to federal regulations, if:
