49.159 Wisconsin works; noncustodial and minor and other custodial parents. (1) NONCUSTODIAL PARENTS. (a) An individual who would be eligible under s. 49.145 except that the individual is the noncustodial parent of a dependent child is eligible for services and benefits under par. (b) if the individual is subject to a child support order, the individual satisfies all of the requirements related to substance abuse screening, testing, and treatment under s. 49.162 that apply to the individual, and any of the following applies to the custodial parent of the dependent child: 1. The custodial parent is receiving case management services under s. 49.147 (2) (am). 2. The custodial parent is participating in a Wisconsin Works employment position. 3. The custodial parent is receiving a grant under s. 49.148 (1m). 4. The custodial parent is receiving a subsidy for child care for the dependent child under s. 49.155. (b) A Wisconsin Works agency may provide to an individual
May 22, 2026, are designated by NOTES. (Published 5-22-26)
49.159
PUBLIC ASSISTANCE AND CHILDREN AND FAMILY
who is eligible under par. (a) any of the following services or benefits: 1. Job search assistance and case management designed to enable the individual to obtain and retain employment. 2. Placement in one job under s. 49.147 (3). 3. A stipend in an amount determined by the Wisconsin Works agency for not more than 4 months. A stipend under this subdivision terminates if the individual is placed in a job under s. 49.147 (3) or obtains unsubsidized employment, as defined in s. 49.147 (1). (2) MINOR CUSTODIAL PARENTS; FINANCIAL AND EMPLOYMENT COUNSELING. A custodial parent who is under the age of 18 is eligible, regardless of that individual’s or that individual’s parent’s income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, as defined in s. 253.07 (1) (b), community resources, eligibility for food stamps and other food and nutrition programs. (3) OTHER CUSTODIAL PARENTS. A custodial parent in a Wisconsin Works group in which the other custodial parent is a participant in a Wisconsin Works employment position or is receiving case management services under s. 49.147 (2) (am) is eligible for employment training and job search assistance services provided by the Wisconsin Works agency. (4) PREGNANT WOMEN. A pregnant woman whose pregnancy is medically verified, who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child, and who does not satisfy the requirements under s. 49.148 (1m) (a) 2. is eligible for employment training and job search assistance services provided by the Wisconsin Works agency. History: 1995 a. 289; 1997 a. 27; 2009 a. 28; 2011 a. 32; 2013 a. 20; 2015 a. 55; 2017 a. 365 s. 111.
49.161
Wisconsin works; overpayments. (1) TRIAL EMPLOYMENT MATCH PROGRAM JOBS OVERPAYMENTS. Notwithstanding s. 49.96, the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) from an individual who receives benefits paid under s. 49.148 (1) (a). The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection. (2) COMMUNITY SERVICE JOBS AND TRANSITIONAL PLACEMENTS OVERPAYMENTS. Except as provided in sub. (3), the department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) or (c) from an individual who continues to receive benefits under s. 49.148 (1) (b)and (c) by reducing the amount of the individual’s benefit payment by no more than 10 percent. (3) OVERPAYMENTS CAUSED BY INTENTIONAL PROGRAM VIOLATIONS. If an overpayment under sub. (1) or (2) is the result of an intentional violation of ss. 49.141 to 49.161 or of rules promulgated by the department under those sections, the department shall recover the overpayment by deducting an amount from the benefits received under s. 49.148 (1) (a), (b) or (c), until the overpayment is recovered. The amount to be deducted each month may not exceed the following: (a) For intentional program violations resulting in an overpayment that is less than $300, 10 percent of the amount of the monthly benefit payment. (b) For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, $75.
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(c) For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, $100. (d) For intentional program violations resulting in an overpayment that is $2,500 or more, $200. History: 1995 a. 289; 1997 a. 27; 1999 a. 9; 2013 a. 20. Cross-reference: See also s. DCF 101.23, Wis. adm. code.