49.08 Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished.
History: 1975 c. 94; 1975 c. 413 s. 18; 1979 c. 102 s. 237; 1983 a. 27; 1985 a. 29; 1989 a. 96; 1993 a. 27; 1995 a. 27; 1999 a. 9.
A dependent of a relief applicant incurs no liability to repay any portion of relief granted under the application. Claims against the recipient's estate are not limited to recovery of relief granted less than 10 years prior to death. In re Estate of Bundy, 81 Wis. 2d 32, 259 N.W.2d 701 (1977).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 49 - Public assistance and children and family services.
49.02 - Relief block grant administration.
49.029 - Block grants to tribal governing bodies; medical relief.
49.08 - Recovery of relief and other assistance.
49.114 - Contract powers of the department.
49.131 - Electronic transfer of benefits.
49.134 - Child care resource and referral service grants.
49.136 - Child care start-up and expansion.
49.137 - Child care quality improvement.
49.1375 - Early childhood excellence initiative.
49.138 - Emergency assistance for families with needy children.
49.1385 - Grants for services for homeless and runaway youth.
49.139 - Emergency shelter funding.
49.141 - Wisconsin works; general provisions.
49.143 - Wisconsin works; agency contracts.
49.145 - Wisconsin works; eligibility for employment positions.
49.1452 - Payment of support arrears.
49.1455 - Child support demonstration project.
49.147 - Wisconsin works; work programs and job access loans.
49.1473 - Wisconsin works; domestic abuse screening and training.
49.148 - Wisconsin works; wages and benefits.
49.149 - Wisconsin works; education and training.
49.15 - Wisconsin works; 2-parent families.
49.151 - Wisconsin works; sanctions.
49.1515 - Determining nonparticipation.
49.152 - Review of agency decisions.
49.153 - Notice before taking certain actions.
49.155 - Wisconsin Shares; child care subsidy.
49.157 - Wisconsin works; transportation assistance.
49.159 - Wisconsin works; noncustodial and minor and other custodial parents.
49.161 - Wisconsin works; overpayments.
49.162 - Substance abuse screening and testing for certain work experience programs.
49.163 - Transform Milwaukee Jobs program and Transitional Jobs program.
49.1635 - Wisconsin Trust Account Foundation.
49.165 - Domestic abuse grants.
49.167 - Alcohol and other drug abuse treatment grant program.
49.175 - Public assistance and local assistance allocations.
49.19 - Aid to families with dependent children.
49.197 - Fraud investigation and reduction and error reduction.
49.22 - Child and spousal support; establishment of paternity; medical liability.
49.225 - Ordering genetic tests.
49.227 - Program for publication of delinquent child support obligors.
49.24 - Child support incentive payments.
49.25 - Incentive payments for identifying children with health insurance.
49.255 - Case management incentive payments.
49.257 - Milwaukee child care grant program.
49.265 - Community action agencies.
49.273 - Research, investigations.
49.275 - Cooperation with federal government.
49.32 - Department; powers and duties.
49.325 - County department budgets and contracts.
49.34 - Purchase of care and services.
49.343 - Rates for residential care centers, group homes, and child welfare agencies.
49.348 - Recidivism reduction program.
49.35 - Public assistance; supervisory functions of department.
49.36 - Work experience program for noncustodial parents.
49.37 - Offender reentry demonstration project.
49.38 - Menominee Enterprises, Inc., bonds, acquisition.
49.385 - No action against members of the Menominee Indian tribe in certain cases.
49.45 - Medical assistance; administration.
49.452 - Counting promissory notes as assets for certain Medical Assistance programs.
49.453 - Divestment of assets.
49.454 - Treatment of trust amounts.
49.455 - Protection of income and resources of couple for maintenance of community spouse.
49.46 - Medical assistance; recipients of social security aids.
49.463 - Ineligibility for noncompliance with child support determinations and obligations.
49.465 - Presumptive medical assistance eligibility.
49.468 - Expanded medicare buy-in.
49.47 - Medical assistance; medically indigent.
49.472 - Medical assistance purchase plan.
49.475 - Information about assistance program beneficiaries; electronic submission of claims.
49.49 - Medical assistance offenses.
49.493 - Benefits under uninsured health plans.
49.496 - Recovery of correct medical assistance payments.
49.498 - Requirements for skilled nursing facilities.
49.499 - Nursing facility resident protection.
49.68 - Aid for treatment of kidney disease.
49.682 - Recovery from estates; disease aids and funeral expenses.
49.683 - Cystic fibrosis aids.
49.685 - Hemophilia treatment services.
49.686 - AZT and pentamidine reimbursement program.
49.687 - Disease aids; patient requirements; rebate agreements; cost containment.
49.688 - Prescription drug assistance for elderly persons.
49.70 - County home; establishment.
49.703 - County homes; commitments; admissions.
49.71 - County hospitals; establishment.
49.713 - County hospitals; admissions.
49.72 - County infirmaries; establishment.
49.723 - County infirmaries, admissions; standards.
49.726 - County infirmaries; cost of treatment, care and maintenance of patients.
49.729 - County infirmaries; fees and expenses of proceedings.
49.73 - Residential care institutions; establishment.
49.74 - Institutions subject to chapter 150.
49.76 - Department duties relating to hunger prevention.
49.77 - State supplemental payments.
49.775 - Payments for the support of children of supplemental security income recipients.
49.776 - Payment of support arrears.
49.78 - Income maintenance administration.
49.79 - Food stamp administration.
49.791 - Substance abuse screening, testing, and treatment for employment and training programs.
49.793 - Recovery of food stamps.
49.796 - Food stamp reinstatement.
49.797 - Electronic benefit transfer.
49.81 - Public assistance recipients' bill of rights.
49.82 - Administration of public assistance programs.
49.823 - Public benefit database review.
49.825 - Department administration in Milwaukee County.
49.826 - Administration of child care provider services in certain counties.
49.83 - Limitation on giving information.
49.835 - Statements in applications.
49.84 - Verification of public assistance applications.
49.845 - Fraud investigation and error reduction.
49.846 - Jurisdiction of the department of justice.
49.847 - Recovery of incorrect payments under certain public assistance programs.
49.849 - Recovery of correct payments under certain public assistance programs.
49.852 - Delinquent support payments; pension plans.
49.853 - Financial record matching program.
49.854 - Liens against property for delinquent support payments.
49.855 - Certification of delinquent payments.
49.856 - Notification of delinquent payments.
49.858 - General provisions related to administrative support enforcement.
49.86 - Disbursement of funds and facsimile signatures.
49.89 - Third party liability.