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5.11.8 Migrant Workers

5.11.8.1 Simplified Application

5.11.8.2 Regular Application

5.11.8.3 Reviews

5.11.8.3.1 Simplified Application

5.11.8.3.2 Regular Application

 

“Migrant worker” means any person who temporarily leaves a principal place of residence outside of Wisconsin and comes to Wisconsin for not more than ten months in a year to accept seasonal employment in the planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading or storing of any agricultural or horticultural commodity in its unmanufactured state.  “Migrant worker” does not include any of the following:

 

  1. A person who is employed only by a state resident if the resident or the resident’s spouse is related to the person as the child, parent, grandchild, grandparent, brother, sister, aunt, uncle, niece, nephew, or the spouse of any such relative.
     

  2. A student who is enrolled or, during the past six months has been enrolled, in any school, college or university unless the student is a member of a family or household which contains a migrant worker.

 

A migrant family includes the adults, including non-marital coparents, and their dependent children living in the migrant household.

 

5.11.8.1 Simplified Application

Use the following simplified application procedure to determine MA eligibility for migrant workers and their families who have come into Wisconsin and who:

 

  1. Have current MA eligibility from another state.  (“Current MA eligibility” means eligibility that includes at least months one and two of the application process.) Or had MA eligibility in Wisconsin that was certified through months one and two of the application and that ended only because the family left Wisconsin.

 

  1. And have the same members or fewer in the case as there were when the case had eligibility in the other state.

 

The simplified application procedure is as follows:

 

  1. For clients with current MA eligibility from another state, verify the eligibility and the end date.  Accomplish the verification by copying the out-of-state MA card or by contacting the other state.
     

  2. For clients previously eligible in Wisconsin find the CARES Client Assistance for Re-employment & Economic Support closure code and review date.
     

  3. Ask if the same members, or fewer, are in the case compared to when the group was eligible in the other state.
     

  4. Collect all non-financial information.
     

  5. Do not collect any financial information.
     

  6. Certify MA benefits for the migrant family.
     

Example 1:  A migrant family consisting of dad, mom, and their three children comes to Wisconsin.  On September 3, 2001, dad applies for MA in Wisconsin for himself and his family.

 

The family has current MA eligibility from Texas.  That is, eligibility extends beyond application months one and two.

 

The household composition of five members is the same as listed on the MA card.

 

The fulfillment of these two conditions indicates that the case should be processed with the simplified application procedure.

 

The IM enters non-financial information into CARES, and completes the asset and income Income is anything you receive in cash or in kind that you can use to meet your needs for food, clothing, and shelter. screens by answering “N” to all of the financial questions.  S/he also makes sure to answer “Y” to the migrant question on ANDC for all family members.

 

CARES passes the case for MAOU eligibility with $0 assets and $0 income.  The eligibility end date from Texas is November 30, 2001.  The IM changes the review date on AGEC to November 30, 2001, to coincide with the end date from Texas.

 

Example 2:  The same migrant family comes in for the November 2001 review.  Verify all mandatory and questionable verification items.  The family is determined eligible through October 31, 2002.

The family leaves Wisconsin in December, 2001.  MA closes for failure to reside in the state.  In March 2002, the family returns.  There have been no non-financial changes and no changes in household composition.  The family should be processed with the simplified application procedure because their case closed only for failure to reside in Wisconsin.

 

5.11.8.2 Regular Application

If migrant workers and their families have no current MA eligibility, or if there are additional family members who were not eligible in the prior state of residence, process the case as a regular MA application, with the following exception:

 

Use annualized earned income.  “Annualized earned income” is a prospective monthly estimate of earned income based on the estimated total gross annual earnings divided by 12.  Annualized income can be based on the past 12 months of the migrant family’s income if it is anticipated that last year’s income is the best estimate of the current year’s prospective income.

 

5.11.8.3 Reviews

Offer the following three review choices for migrant families:
 

  1. Mail.
     

  2. Phone.
     

  3. Face-to-face interview.
     

Income is always annualized.

 

See 2.2 for information on reviews.

 

5.11.8.3.1 Simplified Application

For migrant families that have been certified through the migrant simplified application process, the first review coincides with the date out-of-state eligibility ends.  The next review is 12 months from the first review.

 

5.11.8.3.2 Regular Application

For migrant families that have been certified through the regular application process, the first review is 12 months from the month of application.

 

This page last updated in Release Number: 05-07

Release Date: 12-28-05

Effective Date: 12-28-05