Section 103.5  General Rules

 

The following general rules have been adopted by the Illinois Department of Veterans' Affairs for determining the question of whether an applicant was a resident of Illinois at the time he entered service, in compliance with the provisions of the Disabled Veterans Housing Act [330 ILCS 65].

 

(Source:  Amended at 25 Ill. Reg. 4280, effective March 13, 2001)

 

Section 103.10  Residency Defined

 

Residency as defined by the Illinois Supreme Court shall govern this Act as follows:  "Residence ordinarily means that a person has his home in a particular place.  This involves the question of intent with which he is staying in that place.  If a person goes to a place with the intention of remaining for a limited time, although in point of fact he may remain for a year or more, still does not constitute him a resident.  It is his intent accompanied by his acts, and not the lapse of time, which determines whether he is a resident of the particular place.  The word "resident" is in common usage and is generally understood to mean one having more than mere physical presence."

 

(Source:  Amended at 10 Ill. Reg. 20024, effective November 17, 1986)

 

Section 103.20  Further Proof of Residence

 

When records of the former Service Recognition Board reveal that the applicant applied for and received the Illinois Bonus, or when the report of separation shows the applicant gave his residence as Illinois at the time of entering service, the Department need not require any further proof of residence.

 

Section 103.30  Statement of Failure to Apply for Bonus

 

Where an applicant, who was otherwise eligible to the World War II Illinois Bonus, failed to make application for such Bonus, it will be necessary that he make a sworn statement explaining why he failed to do so.  Such affidavit must also state whether or not he has applied and received a World War II Bonus from any other state.

 

Section 103.40  Considered Residency

 

A resident of the State of Illinois who has temporarily moved to another state, registered with the Draft Board of that state, returned to Illinois, and was called into service by the Draft Board of the state in which he registered, shall be considered for the purpose of this Act, a resident of Illinois.  Likewise, a long-time resident of Illinois who moved from the state and was established elsewhere while awaiting induction is considered a resident of Illinois.

 

(Source:  Amended at 10 Ill. Reg. 20024, effective November 17, 1986)

 

Section 103.50  Date of Entering Service

 

The date of entering service is considered to be the time of entering active duty for the purpose of this Act.

 

Section 103.60  Out-of-State Students

 

An out-of-state student at an Illinois college or university is not a resident of Illinois regardless of where he registered for the draft.

 

Section 103.70  Payment of a Bonus by Another State

 

Payment of a bonus to the applicant by another state is prima facie evidence that he is not a resident of Illinois.

 

Section 103.80  Residence at the Time of Entering Service

 

Illinois residency, for purpose of this Act shall mean an Illinois resident at the time of entering the service period within which the service-connected disability was incurred.

 

Section 103.90  Questionable Cases of Residency

 

Any questionable cases of residency requiring further determination shall be considered by the Appeals Board of the Illinois Department of Veterans' Affairs.

 

Section 103.100  Documents Proving Residency to be Considered by the Appeals Board

 

The Appeals Board shall give consideration to one or more of the following documentations to prove residency:

 

a)         If of voting age, place where applicant voted immediately prior to entering active service.

 

b)         If married, address of applicant's spouse at time of entering service. If single, address of parents or guardian of applicant at the time of entering active service.

 

c)         Place of employment at the time of entering active service.

 

d)         If applicant was an active member of the Illinois National Guard immediately prior to entering service.

 

e)         Two (2) notarized documents submitted to the Department to establish Illinois residence of applicant at the time of entering active service.

 

Section 103.110  Application of the Housing Grants

 

In order to carry out the intent and purpose of this Act, it is necessary that the Department of Veterans' Affairs be satisfied that the specially adapted housing grant or the special adaptation housing grant will be applied in their entirety to the housing unit.

 

(Source:  Amended at 10 Ill. Reg. 20024, effective November 17, 1986)

 

Section 103.120  Applications in Duplicate

 

Application for these grants as prescribed in Ill. Rev. Stat. 1985, ch. 126½, par. 58 et seq., must be made in duplicate on Department of Veterans' Affairs Form #1 and must be forwarded to the Veterans Administration Regional Office in Chicago, in order that authentic copies of all necessary documents and other materials, available to the Veterans Administration under Chapter 21 of Title 38, United States Code, as amended  (38 U.S.C. 801 et seq.), may officially become a part of this application.

 

(Source:  Amended at 10 Ill. Reg. 20024, effective November 17, 1986)

 

Section 103.130  Determination of Requirements for Residency

 

Upon receipt of an application, in duplicate, along with authentic copies from the Veterans Administration, the Department of Veterans' Affairs will, upon the basis of evidence to be secured from the records of the former Service Recognition Board or from the applicant, determine whether residency requirements have been met.

 

(Source:  Amended at 10 Ill. Reg. 20024, effective November 17, 1986)

 

Section 103.140  Certification of Residency

 

After it has been established that Illinois residency requirements have been met, a certification will be sent the applicant, with a copy to the lender, informing the applicant of his or her entitlement to an Illinois grant.  This certification will represent official notice and may be considered by the lender as conclusive proof that the applicant has been declared eligible for a housing grant.

 

(Source:  Amended at 10 Ill. Reg. 20024, effective November 17, 1986)

 

Section 103.150  Form of Assistance Granted

 

The law requires that the assistance granted shall be in the form of a single lump sum payment to the veteran.  For the specially adapted housing grant the payment shall not exceed the sum of $15,000; for the special adaptation housing grant the payment shall not exceed the sum of $3,000. Therefore, payment will be made to the veteran immediately upon receipt of a certification from the U.S. Department of Veterans Affairs that final disbursement has been made under 38 USC 2102, as amended.

 

(Source:  Amended at 25 Ill. Reg. 4280, effective March 13, 2001)

 

Section 103.160  Certification that Grant Has Been Applied

 

The check will be mailed to the veteran, c/o the lender or mortgagee. Following the application of the grant to the unpaid balance of the housing indebtedness, the lender, or mortgagee will provide the Department of Veterans' Affairs with a certification that the grant has been applied in its entirety, to such unpaid balance.