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State of Wisconsin |
HISTORY |
The policy on this page is from a previous version of the handbook.
3.16.1.2 FoodShare Work Requirements
3.16.1.3 Exemptions from the FoodShare Work Requirements
3.16.1.4 Work Registration Requirement
3.16.1.5 Voluntary Quit or Reduced Work Effort (VQT)
As of March 1, 2008, FoodShare Employment and Training (FSET) became a voluntary program for all FoodShare applicants and members. The FSET program serves people who wish to voluntarily enroll, but benefits cannot be sanctioned for non-participation. Although Wisconsin has a voluntary FSET program, federal regulations require FoodShare applicants and members to comply with FoodShare and ABAWD work requirements as a condition of FoodShare eligibility.
ABAWD policy related to FoodShare eligibility is located in section 3.17. All FSET policy and some additional ABAWD policy pertaining to the ABAWD work requirement is in the FSET Handbook.
Note: The FoodShare work requirement described in this section is different from the ABAWD work requirement. For information on the ABAWD work requirement, see section 3.17.1.
All FoodShare applicants and members must comply with the following work requirements as a condition of FoodShare eligibility, unless they meet an exemption (see 3.16.1.3) from the FoodShare work requirement:
Register for work at time of application and every 12 months thereafter, and
Not quit a job of 30 or more hours per week or reduce work hours under 30 hours per week (or with earnings equivalent to 30 hours per week at federal minimum wage, currently $7.25/hour) without good cause, 30 days prior to application or anytime thereafter, and
Not refuse to accept a bona fide offer of suitable employment without good cause. Suitable means that:
Pay is equivalent to minimum wage or higher,
The employee is not required to either join or quit a union or trade organization,
The job is not obtained due strike or lockout,
The job does not pose health risks, and
The job matches a person's physical and mental ability to perform the job.
Minor variations in the number of work hours worked or in the weekly gross wage equivalent to federal minimum wage multiplied by 30 hours per week are inevitable and must be taken in consideration when assessing compliance with work requirements.
Note: There are some differences between exemptions from the general FoodShare work requirements and exemption from the ABAWD work requirement. For more information on exemptions from the ABAWD work requirement, see section 3.17.1.5.
The following FoodShare applicants and members are exempt from meeting the FoodShare work requirement in 3.16.1.2:
A person younger than age 16 or age 60 or older. A 16 or 17 year old, who is not the head of the primary person or is attending school or an employment or training program, at least half-time, is also exempt.
A student enrolled at least half-time in any recognized school, training program or institution of higher education. Students must meet eligibility requirements as listed in 3.15.1. A student will remain exempt during the school term, school breaks, and school vacations unless they graduate, are expelled, suspended, drop out, or do not plan on registering for the next term (excluding summer school).
A person considered physically or mentally incapable of becoming employed.
A person subject to work requirements under title IV of the Social Security Act (i.e. W-2).
An applicant/member who is responsible for caring for a dependent child under age 6, or for someone who is incapacitated.
A person who has applied for or is receiving unemployment compensation.
A regular participant in an alcohol or other drug abuse (AODA) treatment and rehabilitation program.
A person employed or self-employed at least 30 hours per week or earning at least the equivalent of federal minimum wage multiplied by 30 hours per week. This includes migrant and seasonal workers under contract or similar agreement with an employer or crew chief to begin employment within 30 days.
An individual who jointly applies for SSI and FoodShare would be exempt from work requirements until a disability determination is made. If they are determined ineligible for SSI, the requirement to register for work should be re-evaluated.
Currently in Wisconsin, SSA does not participate in a joint FoodShare application process.
As a condition of FoodShare eligibility, each food unit member not exempt from the FoodShare work requirements in 3.16.1.2 must register for work at the time of application and renewal.
Registration for work is completed when the agency receives one of the following:
A signed Page 1 application registration form (F-16019A),
A completed, signed FoodShare Wisconsin application form (F-16019B),
An ACCESS application containing an electronic signature, or
A signed signature page from the CARES case summary.
A completed telephonic signature (2.1.1.4).
The adult who signs the FoodShare application registers all adult food unit members who are required to register for work. IM workers must explain to the food unit the FoodShare work requirements, the rights and responsibilities of work-registered food unit members, and the consequences of failure to comply.
IM workers should provide applicants and members with information about the FSET program. IM workers need to inform work registrants that although registration for work is mandatory, participation in FSET is voluntary and non-participation will not result in being sanctioned. However, if a food unit member has been determined a non-exempt ABAWD, FSET non-participation of non-exempt ABAWDs may result in the loss of FoodShare eligibility once three months of time-limited benefits are exhausted without meeting the ABAWD work requirement (see 3.17.1).
A FoodShare applicant or member not exempt from the FoodShare work requirements in 3.16.1.2 will be sanctioned from receiving FoodShare benefits if, 30 days prior to application or anytime thereafter, he or she voluntarily and without good cause:
Quits a job of 30 hours a week or more,
Reduces work hours below 30 hours per week (or earned income is below $935.25 per month), or
Turns down a bona fide offer of suitable employment.
Note: FoodShare applications must be processed within the normal 30 days processing time frame. If verification of a VQT or good cause is required and has not been verified by day 30, the IM worker must determine FoodShare eligibility as if this person has not failed to meet the FoodShare work requirement. Once eligibility has been determined, the VQT/good cause reason should pend for the appropriate time. If a VQT occurred without good cause, the IM worker would sanction that person in the next possible benefit month.
If a VQT occurred within 30 days of the application filing date, without good cause, the individual will be sanctioned for 30 days from the FoodShare filing date. If there are no other eligible members in the food unit, the application will be denied and the applicant will have to re-apply either after the sanction end date or at any time he or she becomes exempt prior to that date.
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Example 1: John applied for FoodShare for himself and his three children on March 2. On February 28 he had voluntarily reduced his work hours, without good cause, to 15 hours per week. He will be sanctioned from March 2 through March 31 (30 days). His children will be eligible for benefits beginning March 2. John’s participation status will be a gross deemer. His income will be used in the FoodShare eligibility determination for the rest of the food unit. |
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Example 2: Kathy applied for FoodShare for herself on March 15. She voluntarily quit her full time job on March 14 without good cause. Her sanction period would be from March 15 through April 13 (30 days). Since there are no food unit members eligible for FoodShare, her application will be denied. She can re-apply for FoodShare benefits any time after April 13 or at anytime she becomes exempt prior to that date. |
The sanction period for an ongoing case is as follows:
1st occurrence - one month
2nd occurrence - three months
3rd occurrence - six months
The sanction period begins the first of the month following the month in which the person was given proper notice that they have been sanctioned. The sanctioned individual’s participation status will be a gross deemer. His or her income will be used in the FoodShare benefit determination for the rest of the FoodShare group.
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Example 3: Joan has been open for FoodShare benefits for herself and her two teenage children since October. On February 20 she reported she quit her job on January 5. She does not have good cause for quitting the job. Her VQT sanction begin date will be April 1. |
If the VQT or reduced work effort occurs in the last month of the certification period, the sanction period begins the day after the last certification period ends, regardless of whether or not the person reapplies for FoodShare.
When a sanctioned member moves to another food unit, he or she carries the remainder of the sanction to the food unit he or she joins. Only the member who failed to comply is ineligible.
Upon determining that a work registrant voluntarily quit employment, reduced work hours below 30 hours per week, or refused an offer of suitable employment, the IM worker must determine if the reason the applicant/food unit work registrant member took this action was due to good cause. Consider all facts and individual circumstances when making this determination.
Reasons for good cause include, but are not limited to:
Job did not meet suitable employment criteria (see FSET Handbook 7.1.1 Suitable Employment).
A work registrant was fired or resigns at the employer’s demand.
Employer discriminated on the basis of age, race, sex, color, handicap, religious belief, national origin or political belief.
Unreasonable work demands or conditions made continued employment unreasonable. For example, working without being paid on schedule.
Acceptance of other employment at a wage equivalent to working 30 hours per week at federal minimum wage.
Reduced work hours under 30 hours per week, but wage earned is equivalent to working 30 hrs per week, at federal minimum wage, or above.
Enrolled at least half-time in any recognized school, training program or institution of higher education.
Changes in the household residence impacted access to current employment. For example, the food unit moved to another community because a member accepted a new job or enrolled at least half-time in a recognized school, training program, or institution of higher education.
Quit a job or reduced hours due to personal health reasons or health reasons of others.
Resignation of someone under age 60, which the employer recognizes as retirement.
Quit in the context of the natural pattern of employment, such as migrant or construction labor.
Hours of employment were reduced, but the employer remains the same.
Quit unsubsidized employment to join a volunteer program, such as VISTA, AMERICORPS, etc.
Unavailability of transportation.
Inadequate child care for children under age 12.
Self-employment ended.
Other circumstances where the agency feels there is good cause.
If the sanctioned person requests a fair hearing because their reason for good cause was not approved, benefits should continue until after the fair hearing decision. If the sanction is upheld, the period of ineligibility will begin the first of the month following the month of decision.
Any federal, state or local government employee who participates in a strike and is dismissed because of the participation is considered to have voluntarily quit the job without good cause.
Note: Simplified reporting does not require reporting of job loss or reduction in work hours with the exception of ABAWDs who are exempt from the ABAWD work requirement because they are working at least 80 hours per month (see 6.1.1 Change Reporting). IM workers are required to determine good cause at the time the loss or reduction in employment becomes known to the agency. A sanction is imposed the first of the month after the month proper notice of the sanction is provided, regardless of when the VQT became known to the agency. Therefore, benefit recovery does not apply to VQT or reduction in work hours for ABAWDs.
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Example 4: While processing Scott’s SMRF on December 20, Mary notices that Scott’s last day of work was October 1. Mary contacts Scott to determine if his job ended due to good cause. Scott does not have good cause for quitting his job. Because Mary is processing the VQT after adverse action in December, his sanction begin date will be February 1. |
When the sanction period ends, a re-request for FoodShare must be made prior to adding the person back to the food unit. If the person is requesting to be added to an open food unit, the person will be added to the food unit the first of the month following the month the sanction ended and the re-request was made.
If the FoodShare assistance group has closed and the applicant is reapplying after the sanction end date, assume the sanctioned individual is re-requesting FoodShare benefits at the time of the application. This is considered a new application, and the sanctioned individual will apply as part of the food unit.
For one person cases, the sanctioned individual will have to reapply for FoodShare benefits once the sanction period ends. If a FoodShare application is filed in the final month of the sanction period, the agency must use the same application for determining eligibility for the subsequent month.
A sanction period may end early only if the person becomes exempt from meeting work requirements.
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Example 5: Jeff received notice on March 10 that he will be sanctioned beginning April 1 for voluntarily quitting his full time job. On March 28 Jeff reports new full-time employment. The sanction would not apply because Jeff is now exempt from meeting work requirements since he is employed more than 30 hours per week. |
Note: A work sanction cannot be cured through FSET participation. Although an individual may be required to meet work requirements, participation in FSET activities remains voluntary. A sanction cannot be imposed for FSET non-participation. However, non-exempt ABAWDs may lose FoodShare eligibility due to not meeting the work requirement.
This page last updated in Release Number: 16-01
Release Date: 05/31/2016
Effective Date: 05/31/2016
Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.
Publication Number: P-16001