11.8.2 Guidelines for W-2 Applicants or Ongoing Participants

There are three common scenarios for W-2Wisconsin Works applicants or participants who meet the W-2 definition of a drug felon:

Scenario	Eligibility Status
The individual refuses to take a drug test.	Ineligible for W-2
The individual agrees to a drug test and the test result is positive.	Eligible for a reduced W-2 payment
The individual agrees to a drug test and the test result is negative.	Eligible for a full W-2 payment

If an applicant has agreed to a drug test, they are considered eligible for a full W-2Wisconsin Works payment while the worker is waiting for the test results. If the test result is positive, then the next possible payment month is sanctioned.

The pre-sanction payment is to be reduced by not more than 15% for no fewer than 12 months, or for the participant’s remaining period of participation in a CSJCommunity Service Job or W-2 TW-2 Transition, if less than 12 months. Within these parameters, the sanction period and amount are set at the discretion of the worker.

The number of months of the sanction period will be consecutive calendar months that continue irrespective of whether an individual:

Moves between placements;
Moves on and off W-2; or
Receives a payment.

If a Participant Moves

Sanction Period

Between a CSJ and W-2 T placement

The sanction period does not stop or start over with a different placement.

From a CSJ or W-2 T into a CMC placement

The payment reduction would stop during the CMC placement period, but months would continue to be counted towards the sanction period.

W-2 payment reduction resumes at the end of the CMC placement if the 12-month sanction period did not expire while the participant was in the CMC placement.

EXAMPLE 1: Scott applies for W-2 and reports a drug felony conviction he received three years ago. As he is being placed in a W-2 T, he is required to take a drug test to meet conditions of eligibility. Scott agrees to take the drug test and the results are positive. The worker applies a 10% reduction for 12 months to Scott’s W-2 payment starting in the next possible payment month.

EXAMPLE 2: Janet applies for W-2 and reports a drug felony conviction she received six years ago. Janet is not required to take a drug test or subject to a drug felon payment reduction since the conviction did not occur within five years of the W-2 application date.

EXAMPLE 3:

Scenario Timeline	Sanction
Holly applied for W-2 and receives a drug felon sanction in January.	Holly’s 12 months sanction period begins.
She moves into a CMC placement in April.	During the CMC placement, Holly receives a full W-2 payment, but the months still count toward the 12-month sanction period.
Holly moves back into a CSJ placement in June.	Holly’s payment reduction resumes.
Holly continues in her CSJ placement through the end of the year.	Holly’s sanction period will end in December if the results of Holly’s drug test are negative.

History: Release 24-07; Release 11-06.