49.145(2)(n)1.a.
a. The job opportunities and basic skills program under s.
49.193, 1997 stats. Active participation on or after October 1, 1996, in the job opportunities and basic skills program counts toward the 60-month limit.
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 accruing during the time that any assistance, as defined in
45 CFR 260.31, under Wisconsin Works is paid to the individual. If a minor who is a beneficiary of any assistance under Wisconsin Works is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving that assistance, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of that assistance in the amount that is the proportionate share of the minor receiving the assistance, 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 assistance under Wisconsin Works may be considered assigned to this state. Except as provided in
s. 49.1455, 75 percent of all money that is 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), any student financial aid received under any federal or state program, any scholarship used for tuition and books, and any assistance received under
s. 49.148. In determining the earned and unearned income of the individual, the Wisconsin works agency may not include income earned by a dependent child of 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 or income is expected to exceed the asset or income limit under
sub. (3) for at least 2 consecutive months.
49.145 Cross-reference
Cross-reference: See also ss.
DCF 101.09 and
101.24, Wis. adm. code.
49.1452
49.1452
Payment of support arrears. If an individual who formerly participated in, but is no longer participating in, Wisconsin Works assigned to the state under
s. 49.145 (2) (s) his or her right or the right of any dependent child of the individual to support or maintenance from any other person, the department shall pay to the individual all money in support or maintenance arrears that is collected by the department after the individual's participation ceased and that accrued while the individual was participating in Wisconsin Works.
49.1452 History
History: 2009 a. 28.
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.
49.146 Cross-reference
Cross-reference: See also s.
DCF 101.14, Wis. adm. code.
49.147
49.147
Wisconsin works; work programs and job access loans. 49.147(1)(1)
Definition. In this section, "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(1m)(a)(a) A Wisconsin Works agency shall conduct an educational needs assessment of each individual who applies for a Wisconsin Works employment position. If the individual and the Wisconsin Works agency determine that the individual needs, or would benefit from, education or training activities, including a course of study meeting the standards established under
s. 115.29 (4) (a) for the granting of a declaration of equivalency of high school graduation, and if the Wisconsin Works agency determines that the individual is eligible for a Wisconsin Works employment position, the Wisconsin Works agency shall include education or training activities in any employability plan developed for the individual.
49.147(1m)(b)
(b) If the Wisconsin Works agency determines that the appropriate placement for an individual is in unsubsidized employment or a trial job and that the individual needs and wishes to pursue basic education, including a course of study meeting the standards established under
s. 115.29 (4) (a) for the granting of a declaration of equivalency of high school graduation, the Wisconsin Works agency shall pay for the basic education services identified in the employability plan developed for the individual.
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 or who is receiving case management services under
par. (am) 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 or who is receiving case management services under
par. (am) to engage in training activities in accordance with rules promulgated by the department as part of the participant's participation requirements.
49.147(2)(am)1.1. In lieu of placing the individual in a Wisconsin Works employment position under
subs. (3) to
(5), a Wisconsin Works agency may provide case management services, which may include those services specified in
s. 49.1475, to an individual who applies for a Wisconsin Works employment position if the Wisconsin Works agency determines all of the following:
49.147(2)(am)1.b.
b. The individual is willing to work and has no barriers to employment that cannot be addressed with Wisconsin Works services.
49.147(2)(am)1.c.
c. The individual is job-ready, based on the individual's employment history or education.
49.147(2)(am)1.d.
d. The most appropriate placement for the individual is in unsubsidized employment.
49.147(2)(am)2.
2. A Wisconsin Works agency shall, every 30 days, review the provision of case management services to an individual under this paragraph, if the individual is not successful in obtaining unsubsidized employment after legitimate efforts to secure employment, to determine whether the individual should be placed in a trial job, community service job, or transitional placement. The department shall promulgate rules that specify the criteria for the review process under this subdivision.
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 and providing case management services under
par. (am) 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 that agrees to make a good faith effort to retain the participant as a permanent unsubsidized employee 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 that 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(3m)
(3m) Real work, real pay pilot project. 49.147(3m)(a)(a)
Administration and evaluation. Except as provided in
par. (d), the department shall conduct and evaluate a real work, real pay pilot project from January 1, 2008, to December 31, 2009.
49.147(3m)(b)1.1. Except as specifically provided in this subsection, all general and nonfinancial eligibility requirements under
s. 49.145 apply to participants under this subsection, and all requirements under
sub. (3), as they apply to Wisconsin Works agencies, employers, and participants, apply to Wisconsin Works agencies, employers, and participants under this subsection.
49.147(3m)(b)2.
2. The project shall be limited to 100 individuals and shall be conducted in at least one of the geographical areas established by the department under
s. 49.143 (6) that is in Milwaukee County and in at least 2 of those geographical areas that are not in Milwaukee County.
49.147(3m)(c)
(c)
Employer subsidies and reimbursements. The Wisconsin Works agency shall pay an employer that employs a participant under this subsection a monthly wage subsidy that does not exceed the federal minimum wage for no more than 30 hours of work per week. Worksite training activities prescribed by the employer that are consistent with training provided to other employees at the worksite are considered work for purposes of calculating the wage subsidy under this paragraph. In addition to the wage subsidy, the Wisconsin Works agency shall reimburse the employer for up to 100 percent of all of the following costs that are attributable to employment of the participant:
49.147(3m)(c)2.
2. State and federal unemployment contributions or taxes, if any.
49.147(3m)(d)
(d)
Time-limited participation and payment extension. An individual may participate in the project under this subsection for a maximum of 6 months, with an opportunity for an extension of up to 3 months. Notwithstanding the ending date for the project, payments under
par. (c) for any participant who is accepted into the project before December 31, 2009, shall be made until the participant completes his or her 6-month participation period or any extension to it already commenced before that date.
49.147(3m)(e)
(e)
Mentors and stipends. The Wisconsin Works agency and employer of a participant under this subsection shall work together to find a mentor for the participant at the participant's work site. The Wisconsin Works agency shall pay each mentor a monthly stipend of $50.
49.147(3m)(f)
(f)
Employer effort to retain, refer, or evaluate participant. An employer that employs a participant under this subsection and receives a wage subsidy shall agree to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy ends if the participant successfully completes participation in the project under this subsection. An employer shall also agree that, if the employer does not retain a participant as a permanent unsubsidized employee, the employer will serve as an employment reference for the participant or provide to the Wisconsin Works agency a written performance evaluation of the participant, including recommendations for improvements.
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 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 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.
49.147(4)(am)
(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, employer-sponsored training, 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.
49.147(4)(as)
(as)
Required hours. Except as provided in
pars. (at) and
(av) and
sub. (5m), a Wisconsin Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin Works agency to be appropriate for the participant at the time of application or review and may require a participant to participate in education or training activities for not more than 10 hours per week, except that the Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.
49.147(4)(at)
(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).
49.147(4)(av)
(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, at the option of the participant, to 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 participation requirement under
par. (as).
49.147(4)(b)
(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.
49.147(4)(c)
(c)
Worker's compensation. A participant under this subsection is an employee 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(4m)
(4m) Subsidized private sector employment. 49.147(4m)(a)(a) Subject to
pars. (b) and
(cm), the department shall establish and administer a subsidized private sector employment program, under which participants shall be paid the benefits under
s. 49.148 (1) (d) for work in 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. An individual may participate in a project under this subsection for a maximum of 6 months, with an opportunity for an extension.
49.147(4m)(b)
(b) Subject to
par. (cm), the department shall begin operating the program under this subsection only if all of the following occur:
49.147(4m)(b)1.
1. The secretary structures the subsidized private sector employment program in such a manner that the total cost for a participant in the program under this subsection does not exceed what the total cost would be for the participant in the community service job program administered under
sub. (4).
49.147(4m)(b)2.
2. The secretary determines that the cash flow to a participant in the subsidized private sector employment program under this subsection, including the advance payment of any tax credit, is not less than what the cash flow would be to the participant in the community service job program administered under
sub. (4).
49.147(4m)(b)3.
3. The secretary determines that administering the subsidized private sector employment program in the manner provided under this subsection is permitted under federal law or under a waiver, or an amendment to a waiver, approved by the federal department of health and human services for the operation of Wisconsin Works.
49.147(4m)(c)1.1. If the secretary of children and families determines that a waiver, or an amendment to a waiver, is necessary to administer the subsidized private sector employment program in the manner provided under this subsection, the secretary of children and families shall no later than September 30, 2009, request the waiver or the amendment to the waiver from the secretary of the federal department of health and human services to permit the secretary of children and families to administer the subsidized private sector employment program in the manner provided under this subsection.
49.147(4m)(c)2.
2. If the secretary determines that administering the subsidized private sector employment program in the manner provided under this subsection would necessitate changes in the federal Temporary Assistance for Needy Families block grant program legislation under
42 USC 601 et seq., the secretary shall pursue the necessary changes to the federal legislation.
49.147(4m)(cm)1.1. Except as provided in
subd. 2., the department may not begin operating the program under this subsection before January 1, 2011.
49.147(4m)(cm)2.
2. If the department determines that a waiver, an amendment to a waiver, or changes in the federal Temporary Assistance for Needy Families block grant program legislation are necessary for administering the subsidized private sector employment program in the manner provided under this section, the department may not begin operating the program under this subsection before the later of the following:
49.147(4m)(cm)2.a.
a. The waiver or waiver amendment is approved and in effect or the federal legislation changes are adopted and in effect, or both, whichever is applicable.
49.147(4m)(d)1.1. The department shall promulgate rules for the establishment and administration of the program under this subsection.
49.147(4m)(d)2.
2. The department may promulgate emergency rules under
s. 227.24 for the establishment and administration of this subsection for the period before the effective date of any permanent rules promulgated under
subd. 1., but not to exceed the period authorized under
s. 227.24 (1) (c) and
(2). Notwithstanding
s. 227.24 (1) (a),
(2) (b), and
(3), the department is not required to provide evidence that promulgating a rule under this subdivision as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subdivision.
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:
