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 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 state superintendent of public instruction 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.
49.27(5)(e)7.
7. Participation in alcohol and other drug abuse prevention and treatment programs may be required to fulfill employment and training requirements described in this subsection.
49.27(5)(e)8.
8. The employment and training requirements described in this subsection may be satisfied through working the number of hours required under
par. (d) in unsubsidized employment or in a combination of unsubsidized employment and employment and training activities.
49.27(5)(e)9.
9. The subsidized employment components of the employment and training program described in this subsection may not be operated so as to do any of the following:
49.27(5)(e)9.a.
a. Displace any regular employe or reduce the wages, employment benefits or hours of work of any regular employe.
49.27(5)(e)9.b.
b. Impair an existing contract for services or collective bargaining agreement.
49.27(5)(e)9.c.
c. Fill a position when any other person is on layoff from the same or a substantially equivalent job within the same organizational unit.
49.27(5)(e)9.d.
d. Have the effect of filling a vacancy created by an employer terminating a regular employe or otherwise reducing its work force for the purpose of hiring an individual under this subsection.
49.27(5)(e)9.e.
e. Infringe in the promotional opportunities of a regular employe.
49.27(5)(e)10.
10. The department shall establish a grievance procedure for resolving complaints by regular employes or their representatives that the subsidized employment components of the employment and training program under this subsection violate
subd. 9.
49.27(5)(f)
(f)
Sanctions. If, after the first month for which a work-not-welfare group receives cash benefits determined under
sub. (4), a person in the work-not-welfare group fails to meet the employment and training requirements under this subsection in a month, the work-not-welfare group may be sanctioned by reducing, or by not paying, the benefit amount determined under
sub. (4) for that month. For purposes of the maximum number of monthly benefit payments permitted under
sub. (4) (e), a work-not-welfare group shall be considered to have received a monthly benefit in a month in which, as a result of sanctions under this paragraph, a reduced monthly benefit or no monthly benefit is paid. The notice requirement under
s. 49.193 (9) and the fair hearing and review provisions under
s. 49.21 (1) apply to a sanction imposed under this paragraph.
49.27(5)(g)
(g)
Voluntary participation. To the extent that funding permits, persons who are exempt under
par. (c) may participate in the employment and training program under this subsection and, to the extent that funding permits, persons may participate in the employment and training program described in this subsection for more hours than are required under
par. (d).
49.27(6)(a)(a)
Eligibility. Except as provided in
par. (b), a work-not-welfare group is eligible for transitional child care services under
par. (c) in any month in which all of the following conditions are met:
49.27(6)(a)1.
1. The work-not-welfare group has received at least one monthly cash benefit determined under
sub. (4).
49.27(6)(a)3.
3. The work-not-welfare group's benefit period has not yet expired.
49.27(6)(a)4.
4. At least one person in the work-not-welfare group is employed in unsubsidized employment.
49.27(6)(b)
(b)
Time limitations on transitional child care benefits. A work-not-welfare group that is eligible for transitional child care under
par. (a) may receive transitional child care benefits under
par. (c) for a maximum of 12 months during a benefit period. These months need not be consecutive. A work-not-welfare group may not receive transitional child care benefits 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 benefits determined under
sub. (4) or
(11) (a) to
(f).
49.27(6)(c)
(c)
Benefits. A county department under
s. 46.215,
46.22 or
46.23 shall provide assistance in paying the child care costs of a work-not-welfare group that is eligible to receive benefits under this paragraph if the child care is provided by a child care provider, as defined in s.
49.132 (1) (am), 1995 stats. The formula for determining the amount of assistance shall be the same as the formula established by the department under
s. 49.191 (2). The rates for child care services under this paragraph shall be determined under
s. 49.132 (4) (d) [1995 stats.], s.
49.132 (4) (dg), 1995 stats., or s.
49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s.
49.132 (4) (e), 1995 stats., and if the child care services meet the quality standards established under s.
49.132 (4) (e), 1995 stats., the rates for child care services under this paragraph that meet those standards shall be determined under s.
49.132 (4) (e), 1995 stats. The department shall promulgate rules for the disbursement of funds under this paragraph.
49.27 Note
NOTE: The bracketed language was inadvertently omitted by
1997 Wis. Act 252. Corrective legislation is pending.
49.27(7)(a)(a)
Eligibility. A work-not-welfare group is eligible for shelter payment benefits under this subsection if all of the following conditions are met:
49.27(7)(a)2.
2. The period of ineligibility under
sub. (4) (f) and
(g) for the work-not-welfare group has not yet expired.
49.27(7)(a)3.
3. The work-not-welfare group is in danger of becoming homeless, as defined by the department by rule.
49.27(7)(b)
(b)
Benefits. For a work-not-welfare group that is eligible for benefits under this subsection, the department shall pay a shelter benefit equal to the lesser of the work-not-welfare group's shelter expenses or the benefit amount that the work-not-welfare group would have received under
s. 49.19 if a waiver under
sub. (2) were not in effect, based only on the number of children in the work-not-welfare group. The shelter benefit under this subsection shall be paid directly to the provider of the shelter or in the form of a voucher that may be used only for shelter expenses.
49.27(9)
(9) Cooperation requirement. As a condition for continued benefits under this section, a person who is subject to the work-not-welfare pilot program under this section shall comply with reasonable requests for cooperation by work-not-welfare case management workers in applying for programs or resources that these workers believe may be available to the person.
49.27(10)
(10) Administration in pilot counties. 49.27(10)(a)(a)
Contracts. The department shall enter into a contract with the county department under
s. 46.215,
46.22 or
46.23 in each pilot county. The contract shall specify the obligations of the county department in administering the work-not-welfare pilot program in that county and shall require at least the following:
49.27(10)(a)1.
1. The establishment of a community steering committee under
par. (b).
49.27(10)(b)1.1. Each county department under
s. 46.215,
46.22 or
46.23 entering into a contract with the department under
par. (a) shall establish a community steering committee instead of an employment and training council under
s. 49.193 (10). The chairperson and the other members of the community steering committee shall be appointed by the county executive or county administrator in the pilot county or, if the pilot county has no county executive or county administrator, by the chairperson of the county board of supervisors. The appointments shall be made in consultation with the department. The community steering committee shall have at least 12 members but not more than 15 members. The chairperson of the community steering committee shall be a person who represents business interests.
49.27(10)(b)2.
2. The community steering committee shall do all of the following:
