Current through August 26, 2024
(1)
LIFETIME LIMIT OF 48 MONTHS. Beginning on the date on which an individual has
attained the age of 18, the total number of months in which the individual, or
any other adult member of the Wisconsin works group, has participated in or
received benefits under, any combination of the following may not exceed 48
months, whether or not consecutive, except as otherwise provided in this
section:
(a) The JOBS program under s.
49.193, 1997 Stats., on or after October 1, 1996.
(b) A Wisconsin works employment
position.
(c) Any TANF-funded
program in this state or any other state, if the individual received benefits
attributable to funds provided by the federal government while in that program.
Note: Sections
49.148(1m)
(c), Stats., and
DCF 101.18 specify the criteria for determining whether
receipt of a custodial parent of an infant grant in a month is considered
participation in a Wisconsin works employment position for that
month.
(2) ADULT
WISCONSIN WORKS GROUP MEMBERS. Except as provided in sub. (4), if an individual
was an adult member of a Wisconsin works group during a month in which any
member of the Wisconsin works group participated in a W-2 employment position,
the W-2 agency shall include that month in the calculation of the total number
of months of the individual's participation or receipt of benefits for purposes
of this section.
(3) MONTHS
INCLUDED. A W-2 agency shall include a month in which a JOBS program
participant or W-2 participant received a reduced monthly AFDC or W-2 benefit
or no monthly AFDC or W-2 benefit due to a sanction under the JOBS program or
s.
DCF 101.18(1) (b) or (c) or 101.21 in the
calculation of the total number of months of the individual's participation or
receipt of benefits for purposes of this section.
(4) MONTHS EXCLUDED. When calculating the
total number of months of an individual's participation or receipt of benefits
for purposes of this section, a W-2 agency shall exclude, to the extent
permitted under federal law, any month in which the individual was 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:
(a)
At least 1,000 individuals were living on the reservation or in the village or
Indian country.
(b) At least 50
percent of the adults living on the reservation or in the village or Indian
country were unemployed.
(5) CRITERIA FOR EXTENSION OF THE 48-MONTH
LIFETIME LIMIT. A W-2 agency may, subject to subs. (6) and (7), extend the
48-month lifetime limit under sub. (1) if the agency determines that the
individual meets the conditions in par. (a) or (b) as follows:
(a)
Hardship. The individual
is experiencing hardship due to any of the following:
1. The individual is unable to work due to a
personal disability or incapacitation.
2. The individual needs to remain at home to
care for a member of the individual's Wisconsin works group whose incapacity is
so severe that without in-home care provided by the individual the health and
well-being of the Wisconsin works group member would be significantly
affected.
3. The individual has
significant limitations to employment such as any of the following:
a. Low achievement ability, learning
disability, or emotional problems of such severity that they prevent the
individual from obtaining or retaining unsubsidized employment but are not
sufficient to meet the criteria for eligibility for supplemental security
income under
42
USC 1383c or social security disability
insurance under
42
USC 401 to
433.
b. Family problems of such severity that they
prevent the individual from obtaining or retaining unsubsidized
employment.
4. The
individual has made all appropriate efforts to find work and is unable to find
employment because local labor market conditions preclude a reasonable job
opportunity. In this subdivision, "reasonable job opportunity" means a job that
pays at least minimum wage and conforms to all applicable federal and state
laws. The W-2 agency shall document at least one of the following:
a. The inability of W-2 participants with
similar skills, or engaged in job searches in similar geographic and
occupational areas, to find unsubsidized jobs.
b. The unavailability of jobs in labor market
sectors that match the individual's skills, as supported by specific examples
of layoffs in these labor market sectors or by labor market data published by
the department of workforce development or the United States department of
labor.
c. The unavailability of
jobs in the labor market within a reasonable distance and travel time of the
individual's home, as supported by specific examples of layoffs in this labor
market or by labor market data published by the department of workforce
development or the United States bureau of labor statistics.
5. The individual is unable to
work to due to current participation in a substance abuse treatment program
certified to provide treatment for substance abuse under ss.
DHS 75.10 to 75.15 or psychosocial rehabilitation services
as approved by the department.
(b)
Battered or subjected to extreme
cruelty. The individual's Wisconsin works group includes a member who
has been battered or subjected to extreme cruelty based on the fact that the
member has been subjected to any of the following:
1. Physical acts that resulted in, or
threatened to result in, physical injury to the individual.
2. Sexual abuse.
3. Sexual activity involving a dependent
child.
4. Being forced as the
caretaker relative of a dependent child to engage in nonconsensual sexual acts
or activities.
5. Threats of, or
attempts at, physical or sexual abuse.
6. Mental abuse.
7. Neglect or deprivation of medical
care.
(6)
LENGTH OF THE EXTENSION PERIOD. A Wisconsin Works agency may grant an extension
to the lifetime limit on program participation or benefit receipt under this
section for a time period of no more than 6 consecutive months.
(7) MAXIMUM NUMBER OF EXTENSION PERIODS. A
Wisconsin works agency may determine the appropriate number of extensions to
the lifetime limit on program participation or benefit receipt under this
section.
(8) DEPARTMENT REVIEW. The
department may review, approve, or overturn a W-2 agency's determination
regarding an extension of the lifetime time limit on program participation or
benefit receipt under this section.
