11.6.3 Penalty for Refusal to Participate

The penalty for refusing to participate in W-2W-2Wisconsin Works is ineligibility to participate in W-2 for three months. Three months means 90 calendar days.

The period of ineligibility begins the calendar day after the seven-working-day timeframe to rectify a refusal to participate. The following table provides an example timeline.

Event	Date
The last day of the seven working day timeframe for a participant to rectify a refusal to participate.	Friday, November 16, 2024
If a participant does not rectify the refusal to participate, the period of ineligibility begins the following calendar day.	Saturday, November 17, 2024
The period of ineligibility ends the 90th calendar day.	Wednesday, February 13, 2025
The participant may reapply for W-2 and be eligible for W-2 services beginning the calendar day after the 90-day ineligibility period.	Thursday, February 14, 2025

After the 90-day penalty period, the individual may reapply for W-2 services. Eligibility for W-2 is not automatically reinstated.

For applicants applying after the conclusion of a penalty period, the W-2 agency must not apply the nonfinancial eligibility requirements that the applicant:

Made a good faith effort to obtain employment and not refused any bona fide offer of employment within 180 calendar days immediately preceding application; and (See 2.2.1, #8)
Cooperated with the W-2 agency’s assistance with finding employment if the current application is within 180 calendar days of a previous application. (See 2.2.1, #9)

There is no limit to the number of penalties that a participant may receive for refusing to participate in W-2.

The W-2 agency may impose subsequent refusal to participate penalties after the individual has completed the 90-day penalty period, re-enrolled in the W-2 program, and then refused to participate again.

11.6.3.1 Two-Parent Households

In a W-2 Two-Parent HouseholdA W-2 two-parent household is a W-2 Group where both adults: are custodial parents who have a child in common, reside in the same household with their child(ren), meet all W-2 eligibility criteria, are not disabled adults; and are not caring for a severely disabled child in the W-2 Group., the second parent in the W-2 GroupAn 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) who is required to participate in W-2 activities because the family is receiving federally funded childcare subject to the work requirement under the two-parent policy (See 14.3) may be ineligible to participate in W-2 if they refuse to participate.

Both the parent in a W-2 employment position (TEMPTEMPTrial Employment Match Program, CSJCSJCommunity Service Job, or W-2 TW-2 TW-2 Transition) and the second parent in a two-parent household may each be ineligible to participate in W-2. Therefore, refusal to participate penalties imposed on each parent must be tracked independently of each other.

When either parent refuses to participate, both parents in the W-2 Group are ineligible to participate in W-2. If the parent who is under penalty moves out of the two-parent household and leaves the W-2 Group, the other parent may be eligible to reapply for W-2 services as a single-parent household.

EXAMPLE: Sharon is a CSJ participant. Her partner John works part-time at the mall and is assigned to four hours per week of employment search so he can find full-time work.

The two-parent household is receiving federally funded childcare and is subject to the work requirement under the two-parent policy (See 14.3). John was terminated from his employment for misconduct.

The FEPFEPFinancial and Employment Planner reviews the case and determines that John is refusing to participate. Therefore, both John and Sharon are not eligible to participate in W-2 for 90 days.

If John were to move out of the two-parent household and leave the W-2 Group, Sharon may reapply and be found eligible for W-2. However, John remains ineligible for 90 days regardless of leaving the W-2 Group because John refused to participate.

If John moves into a new two-parent household and enters a new W-2 Group with an adult in a W-2 employment position, the new W-2 Group would be ineligible to participate in W-2 for the remainder of John’s 90-day penalty period.