Section 101.09. Eligibility for Wisconsin works.

 

(1)   General eligibility. In order to be eligible for Wisconsin works employment positions and job access loans for any month, an individual shall meet the eligibility requirements under subs. (2) and (3) .

(2)   Nonfinancial eligibility requirements. An individual is eligible for a Wisconsin works employment position and a job access loan in a month only if all of the following nonfinancial eligibility requirements are met:

(a) The individual is a custodial parent.

(b) The individual has attained the age of 18.

(c) The individual is a United States citizen, national of the United States, or qualified alien. An individual is a qualified alien if he or she is any of the following:

1. An alien lawfully admitted to the United States for permanent residence under the immigration and nationality act, 8 USC 1101 et seq.

2. An alien who is granted asylum under section 208 of the immigration and nationality act, 8 USC 1158 .

3. A refugee who is admitted to the United States under section 207 of the immigration and nationality act, 8 USC 1157 .

4. An alien who has been certified as a victim of trafficking under 22 USC 7105 (b)(1)(E).

5. An alien who is paroled into the United States under section 212(d)(5) of the immigration and nationality act, 8 USC 1182 (d)(5), for a period of at least one year.

6. An alien whose deportation is being withheld under section 243(h) of the immigration and nationality act, 8 USC 1253 as in effect March 31, 1997, or section 241(b)(3) of the act, 8 USC 1231 (b)(3).

7. An alien who is granted status as a Cuban and Haitian entrant, as defined in section 501(e) of the refugee education assistance act of 1980, 8 USC 1522 (note).

8. An American Indian born in Canada who is at least 50% American Indian by blood.

9. An American Indian born outside of the United States who is a member of a federally-recognized Indian tribe.

10. An alien who has been battered or whose child has been battered, who is no longer residing in the same household with the batterer, and who meets the requirements of 8 USC 1641 (c).

11. An alien who is granted conditional entry pursuant to section 203(a)(7) of the immigration and nationality act, 8 USC 1153 (a)(7), as in effect prior to April 1, 1980.

12. An alien who is admitted to the United States as an Amerasian immigrant, as described in section 584 of the foreign operations, export financing, and related programs appropriations act of 1988, 8 USC 1101 (note).

13. An alien who is lawfully residing in the United States and is one of the following:

a. An armed forces veteran who received an honorable discharge that was not on account of alienage and who completed either 24 months of continuous active duty or the full period for which the individual was called, unless the individual received a hardship discharge under 10 USC 1173 , early discharge under 10 USC 1171 , or a discharge due to a disability incurred or aggravated in the line of duty.

b. On active duty in the armed forces of the United States, other than active duty for training.

c. The spouse of an individual described in subd. 13. a. or b. , or the unremarried surviving spouse of an individual described in subd. 13. a. or b. if the marriage was for one year or more or the individuals had a child in common.

14. An alien who is lawfully residing in the United States and authorized to work by the immigration and naturalization service.

(d) The individual has residence in this state.

(e)

1. Subject to subd. 2. and ch. DCF 102 , every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible unless the W-2 agency determines that the parent has good cause for failing to cooperate pursuant to ch. DCF 102 .

2. An individual who is a member of a Wisconsin works group that fails 3 times without good cause to meet the requirements in ch. DCF 102 remains ineligible until all the members of the Wisconsin works group cooperate or for a period of 6 months, whichever is later.

(f) The individual furnishes the Wisconsin works agency with any relevant information that the Wisconsin works agency determines is necessary under s. DCF 101.08 within 7 working days after receiving a request for the information from the Wisconsin works agency. The Wisconsin works agency may extend the 7 working day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency.

(g) The individual has made a good faith effort, as determined by the Wisconsin works agency on a case-by-case basis, to obtain unsubsidized employment and has not refused any bona fide offer of employment within the 180 days immediately preceding application for a W-2 employment position.

(h) If the individual has applied for Wisconsin works within the 180 days immediately preceding the current application, the individual has cooperated with the efforts of a Wisconsin works agency to assist the individual in obtaining unsubsidized employment.

(i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 , Stats.

(j) The individual is not receiving social security disability insurance under 42 USC 401 to 433 .

(k) On the last day of the month, the individual is not participating in a strike.

(L) The individual applies for or provides a social security account number.

(m) The individual reports any change in circumstances that may affect his or her eligibility to the Wisconsin works agency within 10 days after the change.

(n) Beginning on the date on which the 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 actively participated in the JOBS program, has participated in a Wisconsin works employment position, or has participated in any TANF-funded program in this state or any other state and has received TANF cash assistance while in that program does not exceed 60 months. The months need not be consecutive. For purposes of determining the number of monthly benefit payments permitted under s. 49.145 (2) (n) , Stats., and this section, a JOBS program participant or W–2 participant shall be considered to have received a monthly benefit in a month in which, as a result of a sanction under the JOBS program or s. DCF 101.18 (1) (b) or (c) or 101.21 , a reduced monthly AFDC or W–2 benefit or no monthly AFDC or W–2 benefit is paid. Participation in the job opportunities and basic skills program under s. 49.193 , 1997 Stats., on or after October 1, 1996, counts toward the 60–month limit. A Wisconsin works agency may extend the time limit only if the Wisconsin works agency determines that unusual circumstances exist that warrant an extension of the participation period. The department may review, approve or overturn a W–2 agency's decision related to an extension of the 60–month limit. In this paragraph, "unusual circumstances" means any of the following:

1. A W-2 participant is unable to work because of personal disability or incapacitation, or is needed as determined by the agency to remain at home to care for a member of the W-2 group whose incapacity is so severe that without in-home care provided by the W-2 participant, the incapacitated W-2 group member's health and well-being would be significantly affected.

2. A W-2 participant 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 1381 to 1383c or social security disability insurance under 42 USC 401 to 433 .

b. Family problems of such severity that they prevent the W-2 participant from obtaining or retaining unsubsidized employment.

3. The W-2 participant 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 minimum wage, and conforms to all applicable federal and state laws.

(o) No other individual in the W-2 group is a participant in a W-2 employment position. This paragraph does not apply to an individual applying for a job access loan.

(p) The individual cooperates in providing information needed to verify enrollment information or good cause for the Learnfare program under s. 49.26 , Stats., and s. DCF 101.25 .

(q) The individual cooperates in the requirement to search for unsubsidized employment throughout his or her participation in a W-2 employment position.

(r) The individual cooperates in applying for other public assistance programs or resources that the FEP believes may be available to the individual.

(s) The individual cooperates with providing eligibility information under this chapter for other members of the W-2 group.

(3)   Financial eligibility requirements. An individual is eligible for a W-2 employment position and a job access loan only if all of the following financial eligibility requirements are met:

(a) Resource limitations. The individual is a member of a W-2 group whose assets do not exceed $2,500 in combined equity value. In determining the combined equity value of assets, the W-2 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 W-2 group. When an individual is a sponsored alien pursuant to 8 USC 1183a , the sponsor's resources shall be attributed to the sponsored alien as provided under 8 USC 1631 . In this paragraph, "equity value of vehicles" means the wholesale value as given in a standard guide on motor vehicle values or the value as estimated by a sales representative at a local car dealership minus any encumbrances which are legally debts.

(b) Income limitations.

1. The individual is a member of a W-2 group whose gross income is at or below 115% of the poverty line. In this subdivision, "gross income" does not include any payments or benefits made under any federal law that specifically exempts such payments or benefits from being considered in determining eligibility for any federal means-tested program.

2. Except as provided in subd. 1. , in calculating gross income, the W-2 agency shall include all of the following:

a. All earned and unearned income of the individual except any federal earned income credit received under section 32 of the Internal Revenue Code as defined in s. 71.01 (6) , Stats., any state earned income credit received under s. 71.07 (9e) , Stats., any federal earned income credit payment made by an employer under section 3507 of the internal revenue code, any student financial aid received under any federal or state program, any scholarship used for tuition and books, and any W–2 employment position wages or benefits under s. 49.148 , Stats. 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.

c. The income of a nonmarital coparent or of the individual's spouse, if the spouse resides in the same home as the dependent child.

d. When the individual is a sponsored alien pursuant to 8 USC 1183a , the income of the sponsor and his or her spouse as provided under 8 USC 1631 .

Cr. Register, October, 1997, No. 502 , eff. 11-1-97; r. and recr. (2) (d), am. (2) (n) (intro.) and (3) (b) 2. a., r. (3) (b) 2. b., Register, January, 2001, No. 541 , eff. 2-1-01; CR 02-050 : r. and recr. (2) (c) and (e) 1., am. (2) (e) 2., (n) (intro.), and (3) (b) 2. a. Register January 2003 No. 565 , eff. 2-1-03; corrections in (2) (e), (f), (n) (intro.) and (p) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .