49.77 Cross-reference
Cross-reference: See also ch.
DHS 2, 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),
99-0627.
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 accruing during the time that any payment under this subsection is made to the custodial parent. 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. Seventy-five percent of all money that is received by the department of children and families under an assignment to the state under this paragraph shall be paid to the custodial parent. The department of children and families shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.
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(2m)
(2m) Disregard of support. In determining a custodial parent's eligibility under this section, the department shall, for purposes of determining the custodial parent's income, disregard any court-ordered support that is received by or owed to the custodial parent.
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 Cross-reference
Cross-reference: See also ch.
DHS 2, Wis. adm. code.
49.776
49.776
Payment of support arrears. If a custodial parent who formerly received payments under
s. 49.775 but who is no longer receiving payments under
s. 49.775 assigned to the state under
s. 49.775 (2) (bm) his or her right or the right of the dependent child to support from any other person, the department shall pay to the custodial parent all money in support arrears that is collected by the department after the custodial parent's receipt of payments under
s. 49.775 ceased and that accrued while the custodial parent was receiving those payments.
49.776 History
History: 2009 a. 28.
49.78
49.78
Income maintenance administration. 49.78(1)
(1)
Definitions. In this section:
49.78(1)(b)
(b) "Income maintenance program" means the Medical Assistance program under
subch. IV of ch. 49, the Badger Care health care program under
s. 49.665, the food stamp program under
7 USC 2011 to
2036, or the cemetery, funeral, and burial expenses program under
s. 49.785.
49.78(1)(cr)
(cr) "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.
49.78(2)
(2) Contracts. Annually, for the income maintenance program functions, if any, that the department delegates to a county or tribal governing body, the department and county department under
s. 46.215,
46.22, or
46.23 shall enter into a contract, and the department and tribal governing body may enter into a contract, for reimbursement of the county department or tribal governing body for the reasonable cost of administering income maintenance programs.
49.78(3)
(3) Rules. The department shall promulgate rules establishing standards of competency, including training requirements, for income maintenance workers.
49.78(4)
(4) Rules; merit system. The department of children and families shall promulgate rules for the efficient administration of aid to families with dependent children in agreement with the requirement for federal aid, including the establishment and maintenance of personnel standards on a merit basis. The provisions of this section relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection shall not be construed to invalidate the provisions of
s. 46.22 (1) (d).
49.78(5)
(5) Personnel examinations. Statewide examinations to ascertain qualifications of applicants in any county department administering aid to families with dependent children shall be given by the administrator of the division of merit recruitment and selection in the office of state employment relations. The office of state employment relations shall be reimbursed for actual expenditures incurred in the performance of its functions under this section from the appropriations available to the department of children and families for administrative expenditures.
49.78(6)
(6) Personnel lists. All persons who are qualified as a result of examinations shall be certified to the counties in which they reside at the time of examination; if there are no resident qualified persons for any class of positions on the list certified to the county, appointments shall be made from available lists without regard to residence within the county.
49.78(7)
(7) County personnel systems. Pursuant to rules promulgated under
sub. (4), the department of children and families where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the authority of the department of children and families under
sub. (4) to establish and maintain personnel standards including salary levels.
49.78(8)
(8) Reimbursement for income maintenance administration. 49.78(8)(a)(a) From the appropriation accounts under
s. 20.435 (4) (bn) and
(nn) and subject to
par. (b), the department shall reimburse each county and tribal governing body that contracts with the department under
sub. (2) for reasonable costs of administering the income maintenance programs, including conducting fraud prevention activities. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under
s. 20.435 (4) (bn) and
(nn) by contract under
sub. (2). The amount of reimbursement calculated under this paragraph and
par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under
s. 49.197 or
49.845.
49.78(8)(b)
(b) The department may adjust the amounts determined under
par. (a) for workload changes and computer network activities performed by a county or tribal governing body and may reduce the amount of any reimbursement if federal reimbursement is withheld due to audits, quality control samples, or program reviews.
49.78(8)(c)
(c) From the appropriation under
s. 20.435 (4) (np), the department shall provide supplemental funding to tribal governing bodies and counties for administration of the food stamp program.
49.78(10)(a)(a) Each county treasurer and director of a county department under
s. 46.215,
46.22, or
46.23 that contracts with the department under
sub. (2) and each tribal governing body that contracts with the department under
sub. (2) shall certify monthly under oath to the department in such manner as the department prescribes the claim of the county or tribal governing body for state reimbursement under
sub. (8) (a). The department shall review each claim of reimbursement and, if the department approves the claim, the department shall certify to the department of administration for reimbursement to the county or tribal governing body for amounts due under
sub. (8) (a) and payment claimed to be made to the counties or tribal governing bodies monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.
49.78(10)(b)
(b) To facilitate prompt reimbursement the certificate of the department may be based on the certified statements of the county officers or tribal governing body executives filed under
par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 annually, the department shall submit a report to the appropriate standing committees under
s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.
49.78(11)
(11) Requirement to provide information. 49.78(11)(a)1.1. The department, a county department under
s. 46.215,
46.22, or
46.23, or a tribal governing body may request from any person in this state information it determines appropriate and necessary for determining or verifying eligibility or benefits for a recipient under any income maintenance program. Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide the information within 7 days after receiving a request under this paragraph. The department, county department, or tribal governing body, or employees of any of them, may not disclose information obtained under this subdivision for any purpose not connected with the administration of the income maintenance program for which the information was requested.
49.78(11)(a)2.
2. In conjunction with any request for information under
subd. 1., including a request made by subpoena under
par. (b), the department, county department, or tribal governing body shall advise the person of the time by which the information must be provided.
49.78(11)(b)
(b) The department, a county department, or a tribal governing body may issue a subpoena, in substantially the form authorized under
s. 885.02, to compel the production of financial information or other documentary evidence for determining or verifying eligibility or benefits for a recipient under any income maintenance program.
49.78(11)(c)
(c) A person is not liable to any person for any of the following:
49.78(11)(c)1.
1. Allowing access to financial or other records by the department, a county department, or a tribal governing body in response to a request under
par. (a) or a subpoena described in
par. (b).
49.78(11)(c)2.
2. Disclosing information from financial or other records to the department, a county department, or a tribal governing body in response to a request under
par. (a) or a subpoena described in
par. (b).
49.78(11)(c)3.
3. Any other action taken in good faith to comply with this subsection or a subpoena described in
par. (b) or to comply with a request for information or access to records from the department, a county department, or a tribal governing body for determining or verifying eligibility or benefits for a recipient under any income maintenance program.
49.78 Cross-reference
Cross-reference: See also ch.
DHS 254, Wis. adm. code.
49.785
49.785
Funeral expenses. 49.785(1)(1) Except as provided in
sub. (1m) and subject to
s. 49.825, if any recipient specified in
sub. (1c) dies and the estate of the deceased recipient is insufficient to pay the funeral, burial, and cemetery expenses of the deceased recipient, the department or county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the department or county department under
s. 46.215,
46.22, or
46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:
49.785(1)(a)
(a) The lesser of $1,000 or the cemetery expenses that are not paid by the estate of the deceased and other persons.
49.785(1)(b)
(b) The lesser of $1,500 or the funeral and burial expenses not paid by the estate of the deceased and other persons.
49.785(1c)
(1c) All of the following are eligible recipients under this section:
49.785(1c)(b)1.
1. A pregnant woman or a child under 6 years of age with a family income not exceeding 185 percent of the poverty line at the time of death.
49.785(1c)(b)2.
2. A child at least 6 years of age but less than 19 years of age with a family income not exceeding 100 percent of the poverty line at the time of death.
49.785(1c)(b)3.
3. A parent or caretaker relative with a family income not exceeding 50 percent of the poverty line at the time of death.
49.785(1m)(a)(a) If the total cemetery expenses for the recipient exceed $3,500, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for the cemetery expenses under
sub. (1) (a).
49.785(1m)(b)
(b) If the total funeral and burial expenses for the recipient exceed $4,500, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for funeral and burial expenses under
sub. (1) (b).
49.785 Note
NOTE: Par. (b) is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
49.785(1m)(c)
(c) If a request for payment under
sub. (1) is made more than 12 months after the death of the recipient, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for cemetery, funeral, or burial expenses.
49.785(2)
(2) From the appropriation under
s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under
sub. (1) if the county or applicable tribal governing body or organization complies with
sub. (3). From the appropriation under
s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for a person described under
sub. (1) that the county or applicable tribal governing body or organization is not required to pay under
subs. (1) and
(1m) only if the department approves the reimbursement due to unusual circumstances and if the county or applicable tribal governing body or organization complies with
sub. (3).
49.785(3)
(3) As a condition for reimbursement under
sub. (2) for amounts paid on behalf of a deceased recipient, a county or applicable tribal governing body or organization shall provide to the department all of the following information with respect to the deceased recipient:
49.785(3)(c)
(c) The total amount of each of the expenses under
pars. (a) and
(b) that the county or tribal governing body or organization paid on behalf of the deceased recipient.
49.785 Annotation
A cement grave liner will be considered a funeral and burial expense or a cemetery expense depending on who provides the liner; a liner provided by a funeral home constitutes a funeral and burial expense subject to the statutory payment limit.
79 Atty. Gen. 164.
49.79
49.79
Food stamp administration. 49.79(1)
(1)
Definitions. In this section:
49.79(2)
(2) Denial of eligibility. An individual who fails to comply with the work requirements of the employment and training program under
sub. (9) is ineligible to participate in the food stamp program as specified under
sub. (9) (b).
49.79 Cross-reference
Cross-reference: See also ch.
DHS 252, Wis. adm. code.
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. 49.78 and reimburse the federal government from the funds withheld.
