Section DCF 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) to (4).(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 the individual 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 the individual's eligibility to the Wisconsin works agency within 10 days after the change.(n) The individual, or any other adult member of the individual's Wisconsin works group, has not exceeded the lifetime limit on program participation or receipt of benefits under s. DCF 101.095.(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 the individual's participation in a Wisconsin works 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.(3m) FINANCIAL ELIGIBILITY; RESOURCE LIMITATIONS.(a)Asset limits. An individual is eligible for a Wisconsin works employment position and job access loan only if the individual is a member of a Wisconsin works group whose assets do not exceed $2,500 in combined equity value. Except as provided in par. (c), in determining the combined equity value of assets under this subsection, the W-2 agency shall exclude all of the following: 1. The equity value of vehicles up to a total equity value of $10,000. In this subdivision, "equity value of vehicles" means the trade-in value of the vehicles as given in a standard guide on motor vehicle values or as estimated by a sales representative at a local car dealership, minus any debts secured by the vehicles.2. One home that serves as the homestead for the Wisconsin works group that is valued at no more than 200 percent of the statewide median value for homes. In calculating the value of the homestead, the W-2 agency shall exclude the value of agricultural land owned by the Wisconsin works group. In this subdivision, "agricultural land" includes buildings and improvements that are devoted primarily to agricultural use and the land necessary for their location and convenience.(b)Sponsored alien. 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.(c)Hardship exemption. In determining the combined equity value of an individual's assets under par. (a), a W-2 agency shall exclude one home, valued at any amount, that serves as the homestead for the Wisconsin works group if the W-2 agency determines that the individual qualifies for a hardship exemption based on any of the following: 1. No member of the Wisconsin works group has the legal right to sell the home. Limitations include any of the following: a. The home is subject to pending litigation.b. The home is jointly owned with a person who is not in the Wisconsin works group and who refuses to consent to the individual in the Wisconsin works group selling their share.2. The individual had a recent sudden loss of income due to death, divorce, separation, or nonpayment of child support.3. The Wisconsin works group includes an incapacitated adult or a disabled child.4. The individual is or has been a victim of domestic abuse or is at risk of further domestic abuse, the home is jointly owned with the abuser, and the abuser is not a member of the Wisconsin works group. The W-2 agency shall administer the domestic abuse screening under s. DCF 101.15 (3) (b) to determine the individual's eligibility for this exemption if the individual is otherwise financially eligible under this subsection and sub. (4).(4) FINANCIAL ELIGIBILITY; INCOME LIMITATIONS.(a) An individual is eligible for a Wisconsin works employment position and job access loan only if the individual is a member of a Wisconsin works group whose gross income is at or below 115% of the poverty line.(b) Except as provided in par. (c), the W-2 agency shall include all of the following in calculating the gross income of an individual who is a member of a Wisconsin works group:1. All earned and unearned income of the individual.2. The income of the individual's nonmarital coparent or spouse, if the individual's nonmarital coparent or spouse resides in the same home as the dependent child.3. If the individual is a sponsored alien pursuant to 8 USC 1183a, the income of the sponsor and the sponsor's spouse as provided under 8 USC 1631.(c) In calculating the gross income of an individual who is a member of a Wisconsin works group, the W-2 agency shall exclude all of the following:1. 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. Any federal earned income tax credit received under section 32 of the Internal Revenue Code as defined in s. 71.01(6), Stats.3. Any state earned income tax credit received under s. 71.07(9e), Stats.4. Any student financial aid received under any federal or state program.5. Any scholarship used for tuition and books.6. Any Wisconsin works employment position wages or benefits under s. 49.148, Stats.7. Income earned by a dependent child of the individual.Wis. Admin. Code Department of Children and Families DCF 101.09
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.Amended by, correction in (3) (b) 2. a. (Note) made under ss. 13.92(4) (b), Stats., Register April 2021 No. 784, eff. 5/1/2021Amended by, CR 18-016: r. and recr. (2) (n) Register October 2021 No. 790, eff. 11/1/2021Amended by, CR 21-090: am. (1), r. (3), cr. (3m), (4) Register July 2022 No. 799, eff. 8-1-22; correction in (3m) (c) 4., (4) (c) 4. made under s. 35.17, Stats., Register July 2022 No. 799; CR 21-091: am. (2) (c) (intro.), (m), (q) Register July 2022 No. 799, eff. 8/1/2022.