Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 101 - Wisconsin Works › Section DCF 101.09 - Eligibility for Wisconsin works

Current through June 24, 2024
(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.