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 is not required to make a payment for cemetery, funeral, or burial expenses.
49.785(1m)(d)(d) If the recipient, or the recipient’s spouse or another person, owns a life insurance policy insuring the recipient’s life and the face value of the policy is more than $3,000, any amount that the department would be obligated to pay under sub. (1) shall be reduced by one dollar for every dollar by which the face value of the policy exceeds $3,000.
49.785(1r)(1r)A funeral home, cemetery, or crematorium that receives payment under sub. (1) shall be exempt from paying any of the following fees:
49.785(1r)(a)(a) Fees for services rendered by a coroner or medical examiner.
49.785(1r)(b)(b) Fees assessed for the signing of a death record by a coroner or medical examiner.
49.785(1r)(c)(c) Fees assessed by a county related to transportation services.
49.785(2)(2)The department shall pursue recovery of any amounts paid under sub. (1) from the estate of the recipient and from the estate of any surviving spouse or former spouse of the recipient as provided in ss. 49.682 and 49.849.
49.785 HistoryHistory: 1973 c. 147, 333; 1975 c. 39, 224; 1979 c. 206; 1981 c. 20; 1985 a. 29, 176, 332; 1989 a. 31, 239; 1995 a. 27, 289; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 33 s. 1302; Stats. 2003 s. 49.785; 2005 a. 25; 2007 a. 20; 2009 a. 15, 393; 2011 a. 32, 260; 2013 a. 20; 2015 a. 55, 336; 2017 a. 334.
49.785 AnnotationA 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.
49.7949.79Food stamp administration.
49.79(1)(1)Definitions. In this section:
49.79(1)(am)(am) “Able-bodied adult” means an individual who is not any of the following:
49.79(1)(am)1.1. Younger than 18 years of age.
49.79(1)(am)2.2. Fifty years of age or older.
49.79(1)(am)3.3. Determined by the department to be medically certified as physically or mentally unfit for employment, as described in 7 CFR 273.24 (c) (2).
49.79(1)(am)6.6. Exempt from the work requirement under the food stamp program, as described in 7 CFR 273.24 (c) (5).
49.79(1)(am)7.7. Pregnant.
49.79(1)(ap)(ap) “Able-bodied adult without dependents” means an able-bodied adult who is not any of the following:
49.79(1)(ap)4.4. A parent of a household member who is younger than 18 years old, even if the household member who is younger than 18 years old is not eligible for food stamps.
49.79(1)(ap)5.5. Residing in a household that includes a household member who is younger than 18 years old, even if the household member who is younger than 18 years old is not eligible for food stamps.
49.79(1)(b)(b) “Controlled substance” has the meaning given in 21 USC 802 (6).
49.79(1)(bg)(bg) “Custodial parent” has the meaning given in s. 49.141 (1) (b).
49.79(1)(c)(c) “Food stamp program” means the federal food stamp program under 7 USC 2011 to 2036.
49.79(1)(e)(e) “Multicounty consortium” has the meaning given in s. 49.78 (1) (br).
49.79(1)(em)(em) “Noncustodial parent” has the meaning given in s. 49.141 (1) (h).
49.79(1)(f)(f) “Qualified alien” has the meaning given in 8 USC 1641 (b).
49.79(1)(g)(g) “Wisconsin Works employment position” has the meaning given in s. 49.141 (1) (r).
49.79(1m)(1m)Welfare recipient. An individual who is a recipient under the food stamp program is considered to be a welfare recipient for purposes of 21 USC 862b.
49.79(1p)(1p)Eligibility; restrictions on certain assets.