Section 20.1  Incorporation by Reference

 

Any rules or regulations of an agency of the United States or of a nationally recognized organization or association that are incorporated by reference in this Part are incorporated as of the date specified, and do not include any later amendments or editions.

 

Section 20.10  Support from Responsible Relatives

 

a)         The Department shall seek to obtain support for recipients from legally responsible individuals and shall seek the enforcement of support obligations with the following exception:  the Department shall not seek to obtain support for residents of long term care facilities if income of the spouse in the community is less than or equal to the Community Spouse Maintenance Needs Standard (as described at 89 Ill. Adm. Code 120.61).

 

b)         The following persons are "responsible relatives" who are legally responsible for the financial support and maintenance of recipients:

 

1)         spouse for spouse; and

 

2)         parents for children under 18 years of age.

 

c)         Responsible relatives who are receiving public assistance and/or Supplemental Security Income (SSI) benefits shall be considered unable to support.

 

d)         A parent is not legally responsible for the financial support and maintenance of a child of any age who has married (regardless of current marital status) and is not living with the parent or parents.

 

Section 20.20  Determination of Ability to Support

 

a)         Responsible relatives living apart from the recipient/assistance unit.

 

1)         For responsible relatives living apart from the recipient/assistance unit, a responsible relative is liable for all assistance provided to or in behalf of the recipient, unless the relative establishes a lesser ability to support by providing the Department with income and asset information from which it can determine the relative's ability to support.  However, the monthly support obligation assessed a responsible relative determined able to pay shall not exceed the average monthly amount of assistance provided by the Department to or in behalf of the recipient.

 

2)         Except in Title IV-D cases where the guidelines set out in 89 Ill. Adm. Code 160.60(c) shall apply, the Department shall apply Table A of this Part to the gross income figure contained on the relative's most recent Federal Income Tax return to determine the relative's ability to support.  The relative must submit a copy of his or her most recent Federal Income Tax return for this determination or remain liable for all assistance provided to or in behalf of the recipient.  If the responsible relative has filed a joint tax return with a non-responsible relative, only such income that is attributable to the responsible relative will be considered.

 

b)         Responsible relatives living apart or with the recipient/assistance unit.

 

1)         For responsible relatives living with the recipient/assistance unit, the Department shall determine a responsible relative's ability to support dependents according to the standards and asset limitation indicated below:

 

A)        Aid to the Aged, Blind or Disabled (AABD)

            The Department shall use the AABD financial assistance standard and the appropriate asset limitations, as set out in 89 Ill. Adm. Code 113.245 through 113.262 and 113.140, to determine the relative's ability to support.

 

B)        General Assistance (GA) (City of Chicago Only)

            The Department shall use the family or adult payment level, as set out in 89 Ill. Adm. Code 114.250, to determine the relative's ability to support.

 

C)        TANF

            The Department shall use the family or adult payment level, as set out in 89 Ill. Adm. Code 112.250, to determine the relative's ability to support.

 

2)         For responsible relatives living apart from the recipient/assistance unit, the Department shall apply Table A of this Part to the gross income figure contained on the relative's most recent Federal Income Tax return to determine the relative's ability to support.  The relative must submit a copy of his or her most recent Federal Income Tax return for this determination or remain liable for all assistance provided to or in behalf of the recipient.  If the responsible relative has filed a joint return with a non-responsible relative, only such income that is attributable to the responsible relative will be considered.

 

c)         Hospitalized or institutionalized individual living with a responsible relative.

 

1)         Aid to the Aged, Blind or Disabled (AABD)

            The client is considered as living apart from a responsible relative for any month the client is hospitalized or institutionalized the first day of the calendar month through the last day of the calendar month.  If an infant is hospitalized from birth through the end of the calendar month, the client is considered hospitalized for the entire month.  If a client is in a hospital or institution on the first day of the calendar month but dies prior to the end of the calendar month, the individual is considered living apart from the responsible relatives.

 

2)         Temporary Assistance for Needy Families (TANF)

            A hospitalized individual is considered as living with the responsible relative if the individual is under the relative's control and supervision regardless of the length of hospitalization.

 

(Source:  Amended at 29 Ill. Reg. 8156, effective May 18, 2005)

 

Section 20.25  Establishment of Support Obligations

 

Except in Title IV-D cases where support obligations shall be established in accordance with 89 Ill. Adm. Code 160.60, the Department shall establish a responsible relative's obligation to support in the following manner:

 

a)         A notice of obligation to support, a return envelope, and a statement of the responsible relative's rights and responsibilities are sent to the responsible relative via certified mail, return receipt requested.

 

1)         If the responsible relative does not respond to the notice within 30 days, the Department will issue a subpoena for records.

 

2)         If the responsible relative submits the necessary income records within 30 days, the Department will determine the responsible relative's ability to support in accordance with Section 20.20.

 

b)         If the determination indicates there is no obligation, the case is closed.

 

c)         If the determination indicates there is an obligation to support, a determination will be made as to the amount of the obligation.

 

d)         If a support obligation exists, the Department will send a notice of support due to the responsible relative via registered or certified mail directing payment of the obligation.

 

e)         If the responsible relative fails to pay within 30 days after issuance of the notice of support due, the Department will send an Administrative Support Order via registered or certified mail.  The responsible relative will be notified of his or her right to petition for release from or modification of the Administrative Support Order within 30 days after the date of its mailing.

 

Section 20.30  Redetermination of Ability to Support

 

The Department will redetermine and, when indicated, adjust the amount of a support obligation on the basis of Table A of this Part if:

 

a)         the relative has sustained a significant reduction in income since the support obligation was determined; or

 

b)         there has been an increase in the number of the relative's dependents.

 

Section 20.35  Enforcement of Administrative Support Orders

 

If the legally responsible relative has failed for 90 days after the effective date of the support order to make regular support payments according to the support order and a balance due is outstanding, the Department may take any or all of the following actions to collect the past due support:

 

a)         referral to the Department's legal representative for judicial enforcement of the Administrative Support Order;

 

b)         referral to the Comptroller of the State of Illinois for collection under Section 10.05 of the State Comptroller Act [15 ILCS 405/10.05]; and

 

c)         referral to a private collection agency for collection.

 

Section 20.40  Failure or Refusal to Provide Information Regarding Ability to Support

 

A responsible relative who refuses or fails, upon request, to provide the Department with income or asset information necessary to make a determination of ability to support shall remain liable for all assistance provided to or in behalf of the recipient.

 

Section 20.50  Modification or Release from Support Order

 

The responsible relative has the right to petition for modification of or release from the Department's order requiring the relative to provide support. The petition must be filed, in writing, with the Department no later than 30 days from the date of mailing of the support order.

Section 20.TABLE A   Standard for Determining Responsible Relative Liability  

 

Responsible Relative Liability
Gross Annual Income Range*				Number in Family (including recipient)
			2	3	4	5	6	7 or more**
$  7,000	–	7,500	$   5
7,501	–	8,000	10
8,001	–	8,500	15
8,501	–	9,000	20	$   5
9,001	–	9,500	25	10
9,501	–	10,000	30	15
10,001	–	10,500	35	20	$   5
10,501	–	11,000	40	25	10
11,001	–	11,500	45	30	15
11,501	–	12,000	50	35	20	$   5
12,001	–	12,500	55	40	25	10
12,501	–	13,000	60	45	30	15
13,001	–	13,500	65	50	35	20	$   5
13,501	–	14,000	70	55	40	25	10
14,001	–	14,500	75	60	45	30	15
14,501	–	15,000	80	65	50	35	20	$   5
15,001	–	15,500	85	70	55	40	25	10
15,501	–	16,000	90	75	60	45	30	15
16,001	–	16,500	95	80	65	50	35	20
16,501	–	17,000	100	85	70	55	40	25
17,001	–	17,500	105	90	75	60	45	30
17,501	–	18,000	110	95	80	65	50	35
18,001	–	18,500	115	100	85	70	55	40
18,501	–	19,000	120	105	90	75	60	45
19,001	–	19,500	125	110	95	80	65	50
19,501	–	20,000	130	115	100	85	70	55
20,001	–	20,500	135	120	105	90	75	60
20,501	–	21,000	140	125	110	95	80	65
21,001	–	21,500	145	130	115	100	85	70
21,501	–	22,000	150	135	120	105	90	75
22,001	–	22,500	155	140	125	110	95	80
22,501	–	23,000	160	145	130	115	100	85
23,001	–	23,500	165	150	135	120	105	90
23,501	–	24,000	170	155	140	125	110	95
24,001	–	24,500	175	160	145	130	115	100
24,501	–	25,000	180	165	150	135	120	105
25,001	–	25,500	185	170	155	140	125	110
25,501	–	26,000	190	175	160	145	130	115
26,001	–	26,500	195	180	165	150	135	120

 

Responsible Relative Liability
Gross Annual Income Range*				Number in Family (including recipient)
			2	3	4	5	6	7 or more**
26,501	–	27,000	200	185	170	155	140	125
27,001	–	27,500	205	190	175	160	145	130
27,501	–	28,000	210	195	180	165	150	135
28,001	–	28,500	215	200	185	170	155	140
28,501	–	29,000	220	205	190	175	160	145
29,001	–	29,500	225	210	195	180	165	150
29,501	–	30,000	230	215	200	185	170	155
30,001	–	30,500	235	220	205	190	175	160
30,501	–	31,000	240	225	210	195	180	165
31,001	–	31,500	245	230	215	200	185	170
31,501	–	32,000	250	235	220	205	190	175
32,001	–	32,500	255	240	225	210	195	180
32,501	–	33,000	260	245	230	215	200	185
33,001	–	33,500	265	250	235	220	205	190
33,501	–	34,000	270	255	240	225	210	195
34,001	–	34,500	275	260	245	230	215	200
34,501	–	35,000	280	265	250	235	220	205
35,001	–	35,500	285	270	255	240	225	210
35,501	–	36,000	290	275	260	245	230	215
36,001	–	36,500	295	280	265	250	235	220
36,501	–	37,000	300	285	270	255	240	225
37,001	–	37,500	305	290	275	260	245	230
37,501	–	38,000	310	295	280	265	250	235
38,001	–	38,500	315	300	285	270	255	240
38,501	–	39,000	320	305	290	275	260	245
39,001	–	39,500	325	310	295	280	265	250
39,501	–	40,000	330	315	300	285	270	255
40,001	–	40,500	335	320	305	290	275	260
40,501	–	41,000	340	325	310	295	280	265
41,001	–	41,500	345	330	315	300	285	270
41,501	–	42,000	350	335	320	305	290	275
42,001	–	42,500	355	340	325	310	295	280
42,501	–	43,000	360	345	330	315	300	285
43,001	–	43,500	365	350	335	320	305	290
43,501	–	44,000	370	355	340	325	310	295
44,001	–	44,500	375	360	345	330	315	300
44,501	–	45,000	380	365	350	335	320	305
45,001	–	45,500	385	370	355	340	325	310
45,501	–	46,000	390	375	360	345	330	315
46,001	–	46,500	395	380	365	350	335	320
46,501	–	47,000	400	385	370	355	340	325
47,001	–	47,500	405	390	375	360	345	330
Responsible Relative Liability
Gross Annual Income Range*				Number in Family (including recipient)
			2	3	4	5	6	7 or more**
47,501	–	48,000	410	395	380	365	350	335
48,001	–	48,500	415	400	385	370	355	340
48,501	–	49,000	420	405	390	375	360	345
49,001	–	49,500	425	410	395	380	365	350
49,501	–	50,000	430	415	400	385	370	355
50,001 & over (continues at $5 increments for each $500 increase in Gross Annual Income Range)
*Based on gross annual income as reflected on the responsible relative's Federal Income Tax Return.
**More than 7 in family (continues at $5 increments)