2.2.1  List of Criteria

In order to be non-financially eligible for W-2Wisconsin Works services and JALJob Access Loans for any month, an applicant or participant must meet the following criteria. For eligibility information regarding minor parents, noncustodial parents, pregnant women, and pregnant women with at-risk pregnancies, see 7.5.2, 7.5.1, 7.5.3, and 7.4.6 respectively. For information on verifying the following criteria, see Chapter 4.

1.             Be a Custodial Parent (CP) With respect to a dependent child, a parent (see definition of parent) who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. (See 2.3.1)

2.             Be 18 years of age or older.

3.             Be a U.S. citizen or qualified non-citizen. (See 2.4.1)

4.             Be a resident of Wisconsin and unless the applicant is a migrant worker, demonstrate an intent to continue living in the state.

5.             Cooperate, unless good cause or other exceptions exist, with efforts to establish paternity of the Dependent Child A person who resides with a parent and who is under the age of 18 or, if the person is a full-time student at a secondary school or a vocational or technical equivalent and is reasonably expected to complete the program before attaining the age of 19, is under the age of 19 or children and secure and enforce child support orders. This cooperation requirement extends to any W-2 Group An adult custodial parent, all dependent children with respect to whom the individual is a legal custodial parent and all minor children with respect to whom the adult individual’s dependent child is a custodial parent. W-2 Group includes any non-marital co-parent or any spouse of the individual who resides in the same household as the individual and any minor children with respect to whom the spouse or non-marital co-parent is a custodial parent. W-2 Group does not include any person who is receiving cash benefits under a county relief block grant program. This is also referred to as the W-2 Assistance Group (W-2 AG) member who is a custodial parent of a child whose paternity has not been established or who has a noncustodial parent. The requirements for custodial parents and noncustodial parents to cooperate with child support are outlined in 15.3.1.

6.             Assign the rights to any support or maintenance (child or family support) to the state. (See 15.1.1)

7.             Provide all requested documentation within seven working days after receiving the request for information from the W-2 agency. (See 4.1.3)

8.             Have made a good faith effort, as determined by the W-2 agency on a case-by-case basis, to obtain employment and have not refused any bona fide offer of employment, including a job quit, within 180 calendar days immediately preceding application. This policy only applies to applicants and the W-2 agency has the discretion to define when a bona fide offer of employment has been made and what demonstrates a good faith effort. In addition, this applies specifically to individuals applying for one of the two W-2 Paid Employment Position A Community Service Job or W-2 Transition placements and does not apply to ARPAt Risk Pregnancy and CMCCustodial Parent of an Infant.

9.             Have cooperated with the W-2 agency’s assistance with finding employment if the current application is within 180 calendar days of a previous application for W-2 services by the individual.  This policy applies only to applicants and it only applies to noncooperation with the efforts of the W-2 agency to assist the individual in obtaining employment and does not pertain to every aspect of the application such as providing income verification.  In addition, this applies specifically to individuals applying for one of the two W-2 Paid Employment Position A Community Service Job or W-2 Transition placements and does not apply to CMC and ARP.

10.         Not receive SSISupplemental Security Income or state supplemental payments. If an individual has been determined eligible for SSI, he or she remains eligible for W-2 until he or she actually receives a SSI payment.

11.         Not receive SSDISocial Security Disability Insurance. If an individual has been determined eligible for SSDI, he or she remains eligible for W-2 until he or she actually receives a SSDI payment.

An adult disabled before age 22 may be eligible for child's disability benefits if a parent is deceased or starts receiving retirement or disability benefits. The adult disabled before age 22 receives the benefit based on a parent’s Social Security earnings record. The adult must be unmarried, age 18 or older, and have a disability that started before age 22. FEPs must code this disability income as ‘SSDC’ in CARES Worker Web. For more information, see https://www.ssa.gov/planners/disability/qualify.html#anchor8

12.         Not participate in a strike on the last day of the month. If eligibility is determined prior to the last day of the month and the applicant is on strike, they are ineligible. If a participant in a W-2 employment position goes on strike, that participant becomes ineligible for W-2.

13.         Cooperate in applying for other public assistance programs or resources that the FEPFinancial and Employment Planner believes may be available to the individual. (See 2.6.1)

14.         Apply for or provide a SSNSocial Security Number for all W-2 Group members, unless exempt. (See 2.7.1)

15.         Report changes in circumstances that may affect eligibility within 10 calendar days after the change, except for temporary absence of a child which must be reported within five working days. (See 2.8.1)

16.         Cooperate in providing information needed to verify school enrollment status or good cause for the Learnfare program for children age 6-17 in a W-2 Group whose parent is placed in a TMPCustodial Parent Trial Employment Match Program, CSJCommunity Service Job, or W-2 TW-2 Transition placement. (See Chapter 16) Cooperate in providing school enrollment status and expected graduation date for a Dependent 18-year-old A person who resides with a parent and who is 18, a full-time student at a secondary school or a vocational or technical equivalent, and who is reasonably expected to complete the program before attaining the age of 19. when the parent's W-2 eligibility is being determined based on that child as a Dependent 18-year-old.

17.         Cooperate in the requirement to search for unsubsidized employment throughout his or her participation in a W-2 employment position. This requirement does not apply to CMCCustodial Parent of an Infants, ARPAt Risk Pregnancys, or AmeriCorps VISTA Volunteers. (See 2.9.1)

18.         Cooperate with providing eligibility information for other W-2 Group An adult custodial parent, all dependent children with respect to whom the individual is a legal custodial parent and all minor children with respect to whom the adult individual’s dependent child is a custodial parent. W-2 Group includes any non-marital co-parent or any spouse of the individual who resides in the same household as the individual and any minor children with respect to whom the spouse or non-marital co-parent is a custodial parent. W-2 Group does not include any person who is receiving cash benefits under a county relief block grant program. This is also referred to as the W-2 Assistance Group (W-2 AG) member(s).

19.         Cooperate with providing information for quality assurance reviews.

20.         Not be a fugitive felon. (See 42 U.S.C. 608(a)(9)(A)(i))

21.         Not be violating a condition of probation or parole imposed under federal or state law.

22.         State in writing whether he or she has been convicted in any state or federal court of a felony that has an element of possession, use or distribution of a controlled substance. (See 11.8.1)

23.         Have no other W-2 Group member participating in a W-2 employment position. This requirement does not apply to an individual applying for a JALJob Access Loan only.  

24.         Beginning on the date the individual has attained the age of 18, the total number of months in which the individual has actively participated does not exceed the 48-month state lifetime limit. (See 2.10.1)

25.         Verify pregnancy for pregnant women with no other dependent children. (See 7.5.3 and 7.4.6)

History: Release 21-09; Release 18-02; Release 16-01; Release 13-03; Release 13-02; Release 13-01.