49.74 History
History: 1977 c. 29;
1995 a. 27 s.
2850; Stats. 1995 s. 49.74.
49.77
49.77
State supplemental payments. 49.77(1)
(1)
Definition. In this section "secretary" means the secretary of the U.S. department of health and human services or the secretary of any other federal agency subsequently charged with the administration of federal Title XVI.
49.77(2)(a)(a) The following persons who meet the resource limitations and the nonfinancial eligibility requirements of the federal supplemental security income program under
42 USC 1381 to
1383d are entitled to receive supplemental payments under this section:
49.77(2)(a)1.
1. Any needy person or couple residing in this state who, as of December 31, 1973, was receiving benefits under s.
49.18, 1971 stats., s.
49.20, 1971 stats., or s.
49.61, 1971 stats., as affected by
chapter 90, laws of 1973.
49.77(2)(a)2.
2. Any needy person or couple residing in this state and receiving benefits under federal Title XVI.
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.
49.77 Cross-reference
Cross Reference: See also ch.
HFS 79, Wis. adm. code.
49.77 Annotation
Because there is no statutory authority and DHFS had not properly promulgated a rule under ch. 227, administrative recovery of overpayments of benefits under this section was unauthorized. Mack v. DHFS,
231 Wis. 2d 644,
605 N.W.2d 651 (Ct. App. 1999).
49.775
49.775
Payments for the support of children of supplemental security income recipients. 49.775(2)
(2) Supplemental payments. Subject to
sub. (3), the department shall make a monthly payment in the amount specified in
sub. (4) to a custodial parent for the support of each dependent child of the custodial parent if all of the following conditions are met:
49.775(2)(a)
(a) The custodial parent is a recipient of supplemental security income under
42 USC 1381 to
1383c or of state supplemental payments under
s. 49.77, or both.
49.775(2)(b)
(b) If the dependent child has 2 custodial parents, each custodial parent receives supplemental security income under
42 USC 1381 to
1383c or state supplemental payments under
s. 49.77, or both.
49.775(2)(bm)
(bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any money received by the department of workforce development under an assignment to the state under this paragraph shall be paid to the custodial parent.
49.775(2)(c)
(c) The dependent child of the custodian parent meets the eligibility criteria under the aid to families with dependent children program under
s. 49.19 (1) to
(19) or would meet the eligibility criteria under
s. 49.19 but for the application of
s. 49.19 (20).
49.775(2)(e)
(e) The custodial parent meets any of the following conditions:
49.775(2)(e)1.
1. The custodial parent is ineligible for aid under
s. 49.19 solely because he or she receives supplemental security income under
42 USC 1381 to
1383c or state supplemental payments under
s. 49.77.
49.775(3)
(3) Two-parent families. In the case of a dependent child who has 2 custodial parents, the department may not make more than one payment under
sub. (2) per month for the support of that dependent child.
49.775(4)(a)(a) The payment under
sub. (2) is $250 per month for one dependent child and $150 per month for each additional dependent child.
49.775 History
History: 1997 a. 27,
237;
1999 a. 9.
49.775 Cross-reference
Cross Reference: See also ch.
HFS 79, Wis. adm. code.
49.79
49.79
Food stamp administration. 49.79(1)
(1)
Definitions. In this section:
49.79(2)(a)(a) An individual is ineligible to participate in the food stamp program in a month that any of the following is true:
49.79(2)(a)1.
1. The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, establishing or enforcing a support order, if appropriate, or obtaining other payments or property, if any, to which that individual or the child may have rights. This subdivision does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
49.79(2)(a)2.
2. The individual is a man who is alleged to be the father under
s. 767.45 of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.
49.79(2)(a)3.
3. If the individual is a noncustodial mother of a child under the age of 18 and the paternity of the father has not been established, the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.
49.79(2)(a)4.
4. The individual is a noncustodial parent of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in providing or obtaining support for the child.
49.79(2)(a)5.
5. The individual is obligated by court order to provide child support payments and is delinquent in making those court-ordered payments. This subdivision does not apply if any of the following applies:
49.79(2)(a)5.a.
a. The delinquency equals less than 3 months of the court-ordered support payments.
49.79(2)(a)5.b.
b. A court or county child support agency under
s. 59.53 (5) is allowing the individual to delay the child support payments.
49.79(2)(a)5.c.
c. The individual is complying with a payment plan approved by a county child support agency under
s. 59.53 (5) to provide support for the child of the individual.
49.79(2)(b)
(b) An individual who fails to comply with the work requirements of the employment and training program under
s. 49.13 (2) (a) is ineligible to participate in the food stamp program as specified under
s. 49.13 (3).
49.79(3)
(3) Liability for lost food coupons. 49.79(3)(a)(a) A county or federally recognized American Indian tribe is liable for all food stamp coupons lost, misappropriated, or destroyed while under the county's or tribe's direct control, except as provided in
par. (b).
49.79(3)(b)
(b) A county or federally recognized American Indian tribe is not liable for food stamp coupons lost in natural disasters if it provides evidence acceptable to the department that the coupons were destroyed and not redeemed.
49.79(3)(c)
(c) A county or federally recognized American Indian tribe is liable for food stamp coupons mailed to residents of the county or members of the tribe and lost in the mail due to incorrect information submitted to the department by the county or tribe.
49.79(4)
(4) Deductions from county income maintenance payments. The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under
sub. (3) from the payment to the county or tribe under income maintenance contracts under
s. 49.33 and reimburse the federal government from the funds withheld.
49.79(5)(a)(a) The department shall require an applicant for, or recipient under, the food stamp program to state in writing whether the applicant or recipient or any member of the applicant's or recipient's household 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. The department shall require an applicant or recipient, or member of the applicant's or recipient's household to submit to a test for use of a controlled substance as a condition of continued eligibility if, after August 22, 1996, but not more than 5 years prior to the date the written statement is made, the applicant or recipient or the member of the applicant's or recipient's household was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance. If the test results are positive with respect to any individual, the department may not consider the needs of that individual in determining the household's eligibility for the food stamp program for at least 12 months from the date of the test. The department shall, however, consider the income and resources of that individual to be available to the household.
49.79(5)(b)
(b) If an individual whose needs are not considered under
par. (a) submits to a test for use of a controlled substance at least 12 months after the date that the department first disregarded that individual's needs under
par. (a), and if the test results are negative, the department shall consider the individual's needs in determining the eligibility of the individual's household.
49.79(6)
(6) Ineligibility for fugitive felons. No person is eligible for the food stamp program in a month in which that person is a fugitive felon under
7 USC 2015 (k) (1) or is violating a condition of probation, extended supervision or parole imposed by a state or federal court.
49.79(7)
(7) Simplified food stamp program. The department shall develop a simplified food stamp program that meets all of the requirements under
P.L. 104-193, section 854, and shall submit the plan to the secretary of the federal department of agriculture for approval. If the secretary of the federal department of agriculture approves the plan, the department shall submit the plan to the secretary of administration for approval. If the secretary of administration approves the plan, the department may implement the plan.
49.79(8)
(8) Benefits for qualified aliens. The department shall provide benefits under this section to a qualified alien who is ineligible for benefits under this section solely because of the application of
9 USC 1612 or
1613 according to a plan approved by the federal department of agriculture. This subsection does not apply to the extent that federal food stamp benefits for qualified aliens are restored by the federal government.
49.79(9)
(9) Fraud investigations and error reduction activities. If the department does not contract with the department of workforce development under
s. 49.197 (5), the department shall establish and administer a program to investigate fraudulent activity on the part of recipients of food stamps and to reduce errors in the payments of benefits under the food stamp program.
49.79(10)
(10) Contract for employment and training program. The department shall contract with the department of workforce development to administer the employment and training program under
s. 49.13.
49.79 History
History: 2001 a. 16 ss.
1656sy to
1656tjk,
1656tr,
1656ts to
1656tx,
1838sb to
1838td.; Stats 2001 s. 49.79.
49.793
49.793
Recovery of food stamps. 49.793(1)
(1) The department or a county or an elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under
s. 46.215 (1) (k) or
46.22 (1) (b) 2. d. Recovery shall be made in accordance with
7 USC 2022.
49.793(2)
(2) A county or governing body of a federally recognized American Indian tribe may retain a portion of the amount of an overpayment the state is authorized to retain under
7 USC 2025 which is recovered under
sub. (1) due to the efforts of an employee or officer of the county or tribe. The department shall promulgate a rule establishing the portion of the amount of the overpayment that the county or governing body may retain. This subsection does not apply to recovery of an overpayment that was made as a result of state, county or tribal governing body error.
49.793 History
History: 2001 a. 16 ss.
1656ty,
1656tym; Stats. 2001 s. 49.793.
49.795
49.795
Food stamp offenses. 49.795(1)(a)
(a) "Eligible person" means a member of a household certified as eligible for the food stamp program or a person authorized to represent a certified household under
7 USC 2020 (e) (7).
49.795(1)(d)
(d) "Supplier" means a retail grocery store or other person authorized by the federal department of agriculture to accept food coupons in exchange for food under the food stamp program.
