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State of Wisconsin |
Release 24-01 |
7 CFR 273.7
Federal regulations require FoodShare applicants and members to comply with FoodShare basic work rules and ABAWD/FoodShare work requirements as a condition of FoodShare eligibility. Policy related to ABAWD/FoodShare work requirements for certain adults aged 18 to 52 is located in Section 3.16.1.2 FoodShare Basic Work Rules.
FoodShare Employment and Training (FSET) is a voluntary program for all FoodShare applicants and members. The FSET program serves people who wish to voluntarily enroll, and benefits cannot be sanctioned or terminated for non-participation. All FSET policy and some additional ABAWD policy pertaining to the ABAWD/FoodShare work requirement is in the FSET Handbook.
All FoodShare applicants or members ages 16 through 59 must comply with the basic work rules as a condition of FoodShare eligibility unless they meet an exemption. Applicants or members who do not comply with the basic work rules are sanctioned from receiving FoodShare benefits for a specified period of time. The basic work rules are different from the FoodShare work requirement for certain able-bodied adults without dependents (ABAWDs). For information on the FoodShare work requirement, see Section 3.17.1 FoodShare Work Requirements for ABAWDs.
| Note | The FoodShare Basic Work Rules were previously referred to as the FoodShare Work Registration Requirement and the General FoodShare Work Requirement. |
Compliance with the basic work rules includes registering for work at the time of application and every 12 months thereafter. An applicant or member must provide the IM agency with sufficient information regarding employment status or availability for work.
To maintain compliance after registering for work:
| Note | If the person is open for W-2 in CWW, they are in compliance with the W-2 program requirements. If W-2 is showing as closed (after having been open) in CWW, the worker will need to review the closure reason and correspondence history to evaluate if there was a failure to comply with W-2. The worker must then evaluate if the member had good cause for the failure to comply with W-2. See Operations Memo 18-40. |
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.
Some FoodShare applicants and members are exempt from the basic work rules in Section 3.16.1.2 FoodShare Basic Work Rules. The following applicants and members are exempt from the basic work rules:
| Note | If a person is open for W-2 in CWW, they are in compliance with the W-2 program work requirement. |
| Note | If UC is denied or has ended, the member is no longer exempt regardless of the reason. |
| Note | Participating in an Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) program does not meet the criteria for this exemption. However, if an applicant or member has a drug or alcohol addiction that may make them unfit for employment due to illness. They may be exempt from both the general FoodShare work registration requirements and the ABAWD work requirement. In such cases, an IM worker must document the exemption. |
Verification for an exemption from the basic work rules is not required unless the exemption is questionable.
| Note |
There are some differences between exemptions from the FoodShare basic work rules and exemptions from the ABAWD/FoodShare Work Requirement (see Section 3.17.1.3 Determining Exemptions From the FoodShare Work Requirement). |
As a condition of FoodShare eligibility, each food unit member not exempt from the FoodShare basic work rules in Section 3.16.1.2 FoodShare Basic Work Rules must register for work at the time of application and renewal, and every 12 months after initial enrollment in FoodShare. An applicant or member must provide the IM agency with sufficient information regarding employment status or availability for work.
Registering for work is completed when the agency receives one of the following:
An applicant or member who signs the FoodShare application or renewal registers all food unit members subject to the work basic work rules for work.
During each FoodShare interview, IM workers must do the following:
For details on required interview topics related to the FoodShare Basic Work Rules and FoodShare work Requirements, see Section 2.1.3.2.1 Required Interview Topics.
IM workers should provide applicants and members with information about the FSET program. IM workers need to inform individuals subject to the basic work rules that although registration for work is mandatory, participation in FSET is voluntary and non-participation will not result in being sanctioned.
An applicant or member without an exemption (see Section 3.16.1.3 Exemption from the FoodShare Basic Work Rules) is considered to be noncompliant if they do not meet the basic work rules. An applicant or member who does not comply with the basic work rules and does not have good cause will be sanctioned from receiving FoodShare benefits. An event that results in a sanction has historically been referred to as a voluntary quit or a reduced work effort (VQT). These events are now referred to as sanction events.
Acts of noncompliance that may result in a sanction and that are reported by the applicant or member are generally not questionable. Unless there is conflicting or questionable information, the IM worker should not pend the application or renewal for verification of the sanction event. The IM worker should document the steps taken to explore good cause in case comments.
The following are sanction events:
| Note | Quitting a job of 29 or fewer hours per week should not result in a sanction, unless the weekly earnings prior to quitting were greater than 30 times the federal minimum wage. |
| Note | The reason for closure needs to be explored with the applicant or member. |
It is possible that a FoodShare applicant or member who is exempt from the basic work rules could be sanctioned for noncompliance. FoodShare applicants or members who are initially exempt from the basic work rules solely due to working, applying for or receiving unemployment compensation, or participating in W-2, but who commit an act of noncompliance resulting in the loss of the exemption without good cause will be sanctioned. If there are any additional exemptions for this applicant or member, a sanction will not be applied.
| Note | FoodShare applications must be processed within the normal processing time frame. If verification of a sanction event 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 basic work rules. Once eligibility has been determined, the sanction event/good cause reason should pend for the appropriate time. If a sanction event occurred without good cause, the IM worker would sanction that person in the next possible benefit month. |
Sanctions will be systematically applied for the time periods indicated below. During a sanction period, if the applicant or member remains part of a food unit, they will be a gross deemer for the purpose of income and deduction budgeting (that is, their income and expenses will be used in the FoodShare benefit determination for the rest of the food group).
| Sanction Occurrence | Time Period for Sanctions Applied at the Time of Application (days) |
Time Period for Sanctions Applied to Ongoing Cases (benefit months)* |
| 1st |
30 days |
1 month |
| 2nd |
90 days |
3 months |
| 3rd and subsequent |
180 days |
6 months |
*In instances where a break-in-service occurs, the sanction applies from the first date that eligibility is regained and runs for the remainder of that benefit month.
If a sanction event occurs within the 30 days preceding the application filing date, without good cause, the applicant or member will be sanctioned from receiving FoodShare benefits as of the application filing date.
An application is not eligible for expedited FoodShare issuance if there is a sanction event. An interview is required to determine if there is a sanction event. The worker is required to determine sanction events and good cause in the interview. The IM worker must document exploration of sanction events and good cause in case comments.
If an applicant’s or member’s FoodShare eligibility is failing for another reason (for example, the applicant or member didn't verify information), a sanction will not be applied at the time of application.
| Example 1 | Joe completes an application on December 6. The agency is unable to reach Joe for the required FoodShare interview, so the agency pends for his interview. Joe comes into the agency on December 20 and completes his interview. Joe reports he quit his job on November 26 and has no exemption or good cause. Joe is otherwise eligible, so the worker confirms the application denied, and CWW applies his first sanction beginning December 6. |
| Example 2 | Jack applies for FoodShare on August 8. Jack completes his interview on August 21 and reports that he refused suitable employment on July 29 without good cause. Jack is not otherwise exempt. Jack’s application pends for verification of his identity. Jack fails to verify his identity by his verification due date of September 17. Since Jack is being denied for failure to verify information, a sanction will not be applied. |
If a sanction event occurs within the six- or 12-month certification period, without good cause, the member will be sanctioned. Sanctions for ongoing cases are applied following adverse action. In instances where a break in service occurs, the sanction applies from the first date that eligibility is regained and runs for the remainder of that benefit month.
| Note |
Other than during six-month reporting and renewal, the only change food units are required to report is if their total monthly gross income increases above 130% of the federal poverty level (FPL) for their reported food unit size and if an ABAWD reduces their work hours below 80 per month. The change must be reported by the 10th of the month following the month in which the total income exceeded 130% of the FPL or ABAWDs monthly hours decreased. Unless a food unit change meets this specific simplified reporting criteria, they do not need to report the change to the local agency (see Section 6.1.1 Change Reporting for All Food Units (Simplified)). |
| Example 3 | John completes his renewal interview on December 3, and FoodShare pends for verification. John doesn’t provide verification timely, so his FoodShare case closes at adverse action, effective December 31. John provides his verification on January 15 and reports that he refused employment without good cause. Break-in-service requirements were met on January 15. This is John’s first sanction event, and the sanction is applied January 15 through January 31. Since John did not receive benefits from January 1 through January 31, this is a one-month sanction. |
| Example 4 | Jeff applied for FoodShare in February and his case is currently open. On August 21, Jeff reports that he quit his job where he was working 35 hours per week without good cause; he is not otherwise exempt. Verification is not necessary, so the worker determines Jeff’s FoodShare eligibility, and he receives his first sanction. Since FoodShare benefit issuance is already confirmed for August and September, Jeff will be assigned a one-month sanction, beginning October 1. |
When a member reports that a sanction event took place during the certification period and FoodShare eligibility is closing for any reason, a sanction will still be applied. This occurs because the member was subject to the basic work rules at the time of the sanction event.
| Example 5 | Jill has a renewal due by December 31. Jill submits an ACCESS renewal and completes her interview on December 21. During the interview, she reports that she quit her job without good cause and is not otherwise exempt. Jill also reports that she just moved in with her boyfriend. Her FoodShare will close effective December 31 as a result of her boyfriend's income. Even though Jill's case is closing, a one-month sanction effective January 1 must still be applied. |
| Example 6 | Tory’s FoodShare closed January 31 for failing to provide proof of unearned income. Tory also has a one-month sanction which is effective February 1 for quitting a job without good cause. Tory turns in their unearned income verification on February 10th. Tory’s FoodShare would normally re-open the date they took the required action under a break-in-service but in this instance, FoodShare remains closed for the month of February due to the sanction. |
When considering whether a potential sanction event has taken place, IM workers are required to consider the reasons leading to the event to determine if there was good cause. The IM worker must explore potential good cause with the applicant or member. Exploration can include a verbal conversation with the member, attempting to contact a member, or sending the member a letter requesting this information. Workers must document steps taken to explore good cause in case comments. When good cause exists, a sanction should not be applied.
Reasons for good cause include, but are not limited to, the following:
| Example 7 |
Sanction event resulting in a sanction: On December 22, Scott reports that he quit his job because he doesn’t like his boss. Scott does not have good cause for quitting his job. Because the worker is processing the sanction event after adverse action in December, his sanction begin date will be February 1. |
| Example 8 |
Sanction event not resulting in a sanction due to good cause: John reports that he quit his job because his boss was creating a hostile work environment by harassing him for his religious beliefs. Good cause exists. The worker should not create a sanction. |
Verification of good cause is not required unless the reason for good cause is questionable. If an IM worker receives conflicting or unclear information about the good cause reason, verification must be requested to clarify the circumstances. If verification of good cause is requested, the reason for requesting verification should be documented in case comments.
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 meeting the FoodShare work requirement because they are working at least 80 hours per month (see Section 6.1.1 Change Reporting for All Food Units (Simplified)). IM workers are required to determine good cause at the time the loss or reduction in employment becomes known to the agency. If no good cause exists, the sanction is imposed the first of the month after the month proper notice of the sanction is provided. |
| Example 9 | 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 a December SMRF, his sanction begin date will be January 1. |
| Example 10 | John has medical restrictions that limit him to lifting no more than 25 pounds. Pepsi offered John a job at which he would be required to lift 75 pounds regularly. This job does not meet the definition of suitable employment for John because it does not match his physical and mental ability to perform the job (see Section 3.16.1.2 FoodShare Basic Work Rules). John refused the employment, and the IM worker should grant him good cause because he could not reasonably perform the duties of the job. |
A sanction will end if:
| Note | A sanction will not apply if an individual begins meeting an exemption prior to the sanction begin date. |
| Example 11 | Jeff received notice on March 10 that they will be sanctioned beginning April 1 for voluntarily quitting their full-time job. On March 28, Jeff reports new full-time employment. The sanction would not apply because Jeff is now exempt from meeting basic work rules since they are employed more than 30 hours per week. |
FoodShare benefits are not automatically re-instated at the end of a sanction period. An applicant or member who was sanctioned must re-apply or re-request FoodShare benefits. If an application for FoodShare is filed in the final month of the sanction period, the worker will use that application to deny benefits for the remaining sanction month and to issue benefits for any subsequent month if all other eligibility criteria are met.
Case Currently Open for FoodShare:
If the applicant or member who had a sanction would like to be added to an open food unit, they must re-request FoodShare. The applicant or member will be added to the food unit the first of the month following the month of the re-request.
Closed Food Unit or One-Person Case:
If the individual who had a sanction is re-requesting FoodShare, and the ongoing food unit has been closed for more than a calendar month, the individual must complete a new application. If the sanction event occurred on an ongoing FoodShare case that has been closed for less than a calendar month, the case can re-open under break-in-service rules, with benefits pro-rated from the date in which the re-request is made and all eligibility criteria are met.
If the sanction event was determined through a one-person FoodShare application, and it is the first sanction event, the original application can be used so long as the applicant is re-requesting FoodShare no more than 60 days from the original filing date.
For one-person FoodShare applications in which the applicant has incurred more than one sanction event, the applicant is required to re-apply during or after the final month of the sanction period.
If the food unit requests a fair hearing to contest a sanction, and the food unit members request to continue receiving benefits during the hearing process, benefits should continue until after the fair hearing decision. For FoodShare benefits to continue, the worker must grant good cause for the months until a hearing decision is made and document the actions in case comments. If the sanction is upheld, the sanction period will begin the first of the month following the month of decision, allowing for an adverse action notice.
This page last updated in Release Number: 23-03
Release Date: 12/18/2023
Section 3.16.1.1 Effective Date: 10/01/2023
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