2.10.2  State 48-Month Lifetime Limit

2.10.2.1 W-2 Group Limit
2.10.2.2 Native American Exemptions
2.10.2.3 TANF Received in Another State
    2.10.2.3.1 TANF Received in Another State and Time Limit Extensions

The 48-month state lifetime limit is the cumulative total number of months an individual, or any adult member of an individual's 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), has participated in or received benefits under, at least one of the following:

1.             A W-2 Employment Position Community Service Job, Trial Employment Match Program, and W-2 Transition at any time during a month, including TEMPTrial Employment Match Program, CSJCommunity Service Job, or W-2 TW-2 Transition even if the payment was reduced to $0.

2.             Any TANFTemporary Assistance for Needy Families funded program in this state or any other state for which the participant received TANF cash assistance while in that program. (See 2.10.2.3) This includes Tribal TANF funds and some months in a CMCCustodial Parent of an Infant placement. (See 2.10.8)

3.             The AFDCAid to Families with Dependent Children JOBS program from October 1, 1996, to W-2 implementation in September 1997. AFDC participation counts toward the 48-month state lifetime limit if the individual was:

1.      Included in the Standard Filing Unit in an open AFDC assistance group (including sanctioned adults);

2.     Age 18 or older;

3.     Coded with a JOBS registration code of mandatory (M), voluntary (V), or PFR Demonstration with a code of (P) or (R); and

4.     Enrolled in JOBS under experimental or non-experimental PFP, WNW, Experimental or Control PFR.

Months of participation in the CMF+ placement where a monthly $50 supplemental payment is received do not count towards the state 48-month lifetime limit. (See 7.2.3.5.1)

2.10.2.1 W-2 Group Limit

The 48-month state lifetime limit applies to all adults in the 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).

Any month during which any adult in the W-2 Group participates in a W-2 employment position counts towards the individual’s 48-month state lifetime limit for both the parent in the placement and the non-placed parent. This includes:  

• Second parents;

• Stepparents;

• Adult SSISupplemental Security Income/SSDISocial Security Disability Insurance recipients; and

• Non-marital Co-parent With respect to an individual and a dependent child, a parent who is not married to the child’s other parent and is either an adjudicated parent or a parent who has signed and filed with the state registrar under s.69.15(3)(b)3, Stats., a statement acknowledging paternitys.

See 2.10.9 for information on what counts toward the 60-month federal lifetime limit.

In W-2 Groups with more than one adult member, the adult member with the greatest number of accumulated months determines the W-2 Group’s 48-month state lifetime limit.

When a new adult enters a W-2 Group, the group's total cumulative number of months increases if the new member has accumulated more months than the primary individual.

When an adult leaves a W-2 Group they take with them the months accumulated while in the W-2 group and any months they accumulated before joining the W-2 group.

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.s are considered to be children in the W-2 Group and are not subject to time limits.

Once a dependent 18-year-old turns 19 or graduates from school, the individual becomes an Excluded Adult An adult who resides with the W-2 Group, but who is not included by definition in the W-2 Group. and is no longer included in the W-2 Group.

If a dependent 18-year-old has a 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 and applies for services independent of their parents, they would form their own W-2 Group with their dependent child and become subject to the 48-month state lifetime limit.

2.10.2.2 Native American Exemptions

Any adult in the 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) is exempt from the 48-month state lifetime limit for any month in which they are living in a federally recognized American Indian reservation, an Alaskan Native village, or an Indian country occupied by an Indian tribe, if during that month the following applies:

1.             At least 1,000 individuals were living on the reservation, in the village, or in the Indian country; and

2.             At least 50 percent of the adults were unemployed.

2.10.2.3 TANF Received in Another State

In Wisconsin, TANF months accumulated in other states count toward the 48-month state lifetime limit.

When there is evidence that an applicant has received TANF cash assistance in another state, the FEPFinancial and Employment Planner must:

1.             Determine the number of months TANF cash assistance was received in the other state by contacting the appropriate agency or individual. Note that:

• Only months of TANF cash assistance received after September 1, 1996, count toward the 48-month state lifetime limit.

• If the contact cannot confirm that the assistance received in the other state was TANF, do not count the month(s).

• The months of TANF cash assistance received in the other state do not have to be verified in writing.

2.             Enter the verified month and years that TANF was received in the other state in the WWP Time Limit Tracking application as OTF-Benefits from Another State. In the details field, the FEP must indicate the date verified and any other relevant information.

2.10.2.3.1 TANF Received in Another State and Time Limit Extensions

If an individual who has received more than 48 months of TANF assistance in another state is eligible for W-2 but has used 48-months of their state lifetime limit, the FEP must determine eligibility for a state lifetime limit extension based on the time limit extension criteria at application.

When applying the time limit extension criteria, the FEP must:

1.             Use information obtained during the W-2 informal assessment; and

2.             Attempt to contact the other state for more specific information about the applicant.

If the FEP is unable to obtain additional information, the information gathered through the informal assessment must be used to determine eligibility for a time limit extension.

(See 2.10.6 for more information on time limit extensions.)

History: Release 25-03; Release 21-09; Release 18-02; Release 17-02; Release 11-06.