TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.1 DESCRIPTION OF THE ASSISTANCE PROGRAM AND TIME LIMIT
Section 112.1 Description of
the Assistance Program and Time Limit
a) The program provides temporary assistance for needy families.
Clients are limited to 60 months of benefits as an adult. This is a lifetime
limit and includes cash benefits received both in Illinois and other states.
All parents or caretakers must engage in work activities when determined able
to work.
b) Months in which the family has reported weekly hours of
employment equal to or greater than the State TANF Work Requirement will not
count toward the 60-month limit. The State TANF Work Requirement is as follows:
1) For Category 06 (two parent) cases − 35 hours per week;
2) For Category 04 cases whose youngest child is age six or older
− 30 hours per week;
3) For Category 04 cases whose youngest child is under age six
− 20 hours per week.
c) Months in which a family head is a teen parent under age 18
will not count toward the 60-month limit.
d) Months in which a person meets the criteria listed in Section
112.2 will not count toward that person's 60-month limit.
e) Months in which a person cares for a severely disabled child
approved for a waiver under the Home & Community Based Services Waivers for
Medically Fragile, Technology Dependent, Disabled Persons Under Age 21 programs
(89 Ill. Adm. Code 140.645) will not count toward the 60-month limit.
f) Months in which the only adult in the assistance unit is the
primary caregiver for a child under age 18 with physical or mental health
problems, or in which one adult in the assistance unit is the primary caregiver
for his or her spouse who has physical or mental health problems, and the
demands of caregiving do not allow the caregiver to obtain or retain employment
that would satisfy subsection (b) of this Section, will not count toward the
60-month limit. The physical or mental health problems of the child or spouse
must be verified with a physician's statement and will be reviewed by the
Department. The Department shall also verify that the care being provided does
not allow the caregiver to obtain or retain employment that would satisfy
subsection (b) of this Section.
g) Months in which a person is granted a waiver under Section
112.6(i) due to domestic or sexual violence issues will not count toward that
person's 60-month limit.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
 | TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.2 TIME LIMIT ON RECEIPT OF BENEFITS FOR CLIENTS ENROLLED IN POST-SECONDARY EDUCATION
Section 112.2 Time Limit on
Receipt of Benefits for Clients Enrolled in Post-Secondary Education
a) Months in which the caretaker relative in a Category 04 case
is enrolled in Post-Secondary Education that meets the criteria listed in this
Section will not count toward the 60-month limit on the receipt of benefits
under the Temporary Assistance for Needy Families (TANF) program set out in
Section 112.1 regardless of the number of hours the client works.
b) In order for a month to not count towards the 60-month limit,
the client's educational program must meet the following criteria:
1) The program must be considered Post-Secondary Education
working toward a degree in an accredited institution and must be approved under
Section 112.78(h).
2) The client must be in the program full-time, as defined by the
institution.
3) The client must be attending the program during that
particular month. For example, if a client attends school from September
through May and then returns to school the next September, the months of June
through August will count toward the 60 month limit.
4) The client must be maintaining at least a 2.5 grade point
average (on a 4.0 scale). Under this requirement, a client may not take
advantage of this Section until the client has attended the school for a
sufficient time to receive a grade point average (e.g., for at least a semester).
If a client's grade point average falls below 2.5 at any time, the following
months will then count towards the 60-month limit. Once a client's grade point
average is again at least 2.5, the client may once again take advantage of this
Section.
c) A client may take advantage of this Section for no more than a
total of 36 months.
(Source: Added at 23 Ill. Reg. 7091, effective June 4, 1999)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.3 RECEIPT OF CASH BENEFITS BEYOND THE 60-MONTH LIFETIME LIMIT
Section 112.3 Receipt of
Cash Benefits Beyond the 60-Month Lifetime Limit
a) An exception to the 60-month lifetime limit on the receipt of
TANF cash benefits (89 Ill. Adm. Code 112.1) may be granted in accordance with
this Section. The client must request an exception in writing. A notice will
be mailed to the client when the client has received 57 months of TANF cash
benefits. The notice will inform the client of the projected month in which
the limit will be reached, the reasons an exception may be granted and the
procedure for requesting an exception. A form to request an exception will be
included with the notice.
b) The reasons the Department will grant an exception are:
1) The client has an application for Supplemental Security Income
(SSI) pending at the Social Security Administration and the Department
determines the client is probably eligible for SSI. If the client is in the
appeal stage of the SSI application, there must be legal or advocacy
representation, unless the client can show legal representation is unavailable.
2) The Department determines that the client has a medical barrier
that prevents the client from obtaining or retaining employment of at least 30
hours per week.
3) The client is in an approved education and training program
that will be completed in six months or less after the client's 60th
month.
4) The client is in an intensive service program to help overcome
a barrier to work, including but not limited to programs under mental health,
substance abuse, vocational rehabilitation, domestic or sexual violence,
homeless services and involvement with the Department of Children and Family Services.
An exception to the 60-month limit will be granted for this reason only if the
client's involvement in the program precludes the ability to obtain or retain
employment of at least 30 hours per week.
5) The client has a severely disabled child approved for a waiver
under the Home & Community Based Care Program (89 Ill. Adm. Code 140.645).
6) The client is the only adult in the assistance unit and is the
primary caregiver for a child under age 18 with a physical or mental health
problems, or is the primary caregiver for his or her spouse who has a physical
or mental health problems and the demands of caregiving do not allow the
caregiver to obtain or retain employment that would satisfy Section 112.1(b).
c) The client shall be notified in writing of the decision on the
request for an exception and shall have the right to appeal that decision (89
Ill. Adm. Code 14).
d) A client may file a written request for an exception at any
time; however, requests filed prior to the 57th month of receipt of
TANF cash benefits will not be considered. If a client files a written request
for an exception within 10 work days after the date the client would have
received TANF cash benefits for the 61st month, and is found
eligible under this Section, there will be no loss of benefits. If the request
is received after the 10th work day the client would have received
TANF cash benefits for the 61st month, the request will be
considered as a new application for TANF cash benefits, cash assistance will
begin in accordance with 89 Ill. Adm. Code 10.430 and the client must meet all
TANF eligibility factors, as well as the eligibility factors in this Section.
e) The Department shall periodically review each case to
determine whether the client remains eligible for an exception. The client
will have to meet all eligibility factors for TANF cash benefits, as well as
all eligibility factors in this Section. When it is determined that a client is
no longer eligible for an exception, the client will be notified and will be
given an additional three months of eligibility for TANF cash assistance while
the client seeks employment.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.5 INCORPORATION BY REFERENCE
Section 112.5 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.
(Source: Added at 13 Ill. Reg. 6017, effective April 14, 1989)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.6 THE FAMILY VIOLENCE OPTION
Section 112.6 The Family
Violence Option
a) In recognition of the reality of domestic or sexual violence
for many individuals and families who may need assistance under the Illinois
Public Aid Code, the State of Illinois adopts section 602(a)(7) of the Social
Security Act (42 USC 602(a)(7)), and the implementing federal regulations at 45
CFR 260.50 et seq. (2008). It is the policy of the State of Illinois and the
practice of the Illinois Department of Human Services that:
1) no individual or family should be forced to remain in a
violent living situation or place themselves or others at risk in order to
attain or retain assistance; and
2) no individual or family should be unfairly penalized because
past or present domestic or sexual violence or the risk of domestic or sexual violence
causes them to fail to comply with requirements for assistance.
b) Definitions
1) "Domestic or sexual violence" means domestic
violence, sexual assault or stalking. Sexual assault means any conduct
proscribed by Sections 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal
Code of 1961 [720 ILCS 5/12-13, 12-14, 12-14.1, 12-15 and 12-16]. Domestic
or sexual violence may occur through electronic communication. [305 ILCS
5/2-18] It includes:
A) physical acts that result in or threaten to result in physical
injury;
B) sexual abuse;
C) sexual activity involving a dependent child;
D) being forced to participate in nonconsensual sexual acts or
activities;
E) threats of, or attempts at, physical or sexual abuse;
F) mental abuse;
G) neglect or deprivation of medical care; or
H) domestic violence as defined in the Illinois Domestic Violence
Act [750 ILCS 60/103(3)].
2) "Assistance" is as defined at 45 CFR 260.31.
3) "Victim", "victims", "survivor"
and "survivors" mean a person or persons alleging to have been
subjected to domestic or sexual violence or abuse.
4) "Written informed consent" means a written agreement
allowing the Department to release information executed by the victim of
domestic or sexual violence or, where the victim is a minor, by the victim's
caretaker relative whose interests are not adverse to the minor, or by the
legally authorized representative without undue inducement or any element of
force, fraud, deceit, duress or other form of constraint or coercion. Any
written informed consent form used by the Department shall provide at least the
following:
A) an explanation of the Department's confidentiality policies and
procedures, including the voluntary nature of the consent and the right to
withdraw consent at any time;
B) identification of the specific information to be released, the
name of the person to whom the information is to be released and the agency or
other governmental department or any other public or private entity to whom the
information will be released;
C) the purpose and potential uses of the information; and
D) the specific dates the written informed consent is valid.
5) "TANF" means the Temporary Assistance for Needy
Families program.
6) "Stalking"
means any conduct proscribed by Sections 12-7.3, 12-7.4 and 12-7.5 of the
Criminal Code of 1961 [720 ILCS 5].
7) "Electronic
communication" includes communications via telephone, mobile phone,
computer, e-mail, video recorder, fax machine, telex, pager, or any other "electronic
communication" as defined in Section 12-7.5 of the Criminal Code of 1961.
[305 ILCS 5/2-18]
c) Standards and procedures shall be established and enforced to:
1) Screen and identify applicants and recipients of assistance
who are past or present victims of domestic or sexual violence or at risk of
further domestic or sexual violence, while maintaining the confidentiality of
such individuals.
2) Refer such individuals to appropriate counseling and
supportive services.
3) Waive, pursuant to a determination of good cause, for so long
as necessary, any program requirements that would make it more difficult for
such individuals to escape domestic or sexual violence or unfairly penalize
past or present victims of domestic or sexual violence or those at risk of
further domestic or sexual violence, such as time limits on receiving
assistance, employment and work activity requirements, and paternity
establishment and child support cooperation requirements.
d) Notification of the Family Violence Option
1) All applicants and recipients shall be informed of the Family
Violence Option, its purpose, waiver criteria and the process to obtain waivers
and the availability of services designed to assist individuals to identify,
escape, or stop domestic or sexual violence, as well as deal with the effects
of domestic or sexual violence. This notification shall also occur when a
client is identified as having a domestic or sexual violence issue.
2) Notification shall include a description of Department policies
and procedures regarding the confidentiality of case information when an
applicant or recipient is a victim of domestic or sexual violence.
3) Notification shall include informing the applicant or
recipient that responding to inquiries about domestic or sexual violence is
voluntary and refusal or failure to respond shall not result in any negative
action against the individual or the case.
e) Screening for and Identification of Victims of Domestic or
Sexual Violence
1) The Department shall inquire of and screen all TANF applicants
and recipients regarding the existence of any domestic or sexual violence
committed against the applicant or recipient or any member of the household and
the risk of domestic or sexual violence.
2) The Department shall not refer any client, either within the
Department or to the Department of Healthcare and Family Services, for the
purposes of paternity establishment and/or child support enforcement activities
without first inquiring and screening for the existence of domestic or sexual violence
issues and the establishment of a good cause reason under 89 Ill. Adm. Code
160.35.
3) Persons identified through inquiring and/or screening as being
the victims of past or present domestic or sexual violence or at risk of future
domestic or sexual violence shall be referred to appropriate available domestic
or sexual violence services.
4) No applicant or recipient shall be required to answer any
question about domestic or sexual violence, but rather shall be afforded the
opportunity to self-disclose when and if she feels ready and safe to do so.
5) That an individual is a past or present victim of domestic or
sexual violence or at risk of further domestic or sexual violence may be
established at any time.
6) Applicants and recipients who do not self-identify as victims
of domestic or sexual violence shall not be penalized for failure to
self-identify.
7) The screening and identifying of victims of domestic or sexual
violence and the waiver process shall not delay the determination or
redetermination of eligibility for or payment of benefits.
f) In the assessment process and development of a Responsibility
and Services Plan (RSP) and reassessment and review of the RSP, the factor of
domestic and sexual violence shall be taken into account in determining the
work, education and training activities that are appropriate. For those
identified as having a presence, history or risk of domestic or sexual violence,
the RSP shall be designed with confidentiality and the health and safety of the
individual and her children as a consideration. The RSP shall include
consideration of the following:
1) the degree to which domestic or sexual violence is a barrier
to obtaining employment or participation in other work activities;
2) flexibility to accommodate any prior or current legal
obligations or other activities or issues related to the domestic or sexual violence;
3) referral for services for the victim and other members of the
household, including, but not limited to:
A) individual or group counseling;
B) substance abuse services;
C) medical services;
D) mental health counseling;
E) immigration services;
F) relocation services;
G) independent living skills;
H) financial planning; and
I) legal services;
4) the need for waivers; and
5) the approval and terms of any waivers.
g) Evidence of Domestic or Sexual Violence
1) In order for the provisions of subsections (h) and (i) of this
Section to apply, the client must submit other evidence to support the
allegations of domestic or sexual violence. One item of other evidence from
the kinds listed below shall be sufficient to establish the presence of
domestic or sexual violence for purposes of subsections (h) and (i) of this
Section:
A) a written statement, from any individual other than the client
with knowledge of the circumstances, that provides the basis for the claim;
B) a police record or file;
C) a government agency record or file;
D) a court record or file;
E) documentation from a domestic or sexual violence program or
rape crisis organization from which the client has sought services or advice in
dealing with the domestic or sexual violence;
F) documentation from a legal, clergy, medical or other
professional from whom the individual has sought services or advice in dealing
with the domestic or sexual violence;
G) other evidence, such as physical evidence, of violence; or
H) any other evidence that supports the allegation.
2) The Department shall not contact the person believed to be the
perpetrator of abuse, or any other person deemed by the victim to be unsafe to
contact for any reason, including for the purpose of corroborating, verifying
or refuting evidence of abuse.
h) If an applicant or recipient fails to work, search for work,
participate in a work activity or appear for an appointment on a particular
date, it shall be considered good cause if the applicant or recipient acting on
her own behalf or on behalf of a member of the household:
1) is seeking or sought medical attention for, or is recovering
from, physical or mental injuries that were caused by domestic or sexual violence;
2) is obtaining or obtained services from a victim services
organization;
3) is obtaining or obtained psychological or other counseling due
to domestic or sexual violence;
4) relocated or is relocating on a temporary or permanent basis,
participated or is participating in safety planning, or took or is taking other
steps to increase the safety of the applicant or recipient and members of her
household or to prevent the applicant or recipient, minor child or other member
of her household from being subjected to domestic or sexual violence in the
future; or
5) is seeking or sought legal assistance or remedies to ensure
the health and safety of the applicant or recipient or a member of her
household, including preparation for or participation in any civil or criminal
proceeding that resulted from the applicant or recipient, minor child or any
other member of her household being subjected to domestic or sexual violence.
i) Waivers
1) The client's 60-month time limit on assistance may be stopped
or an exception to the 60-month time limit may be granted for months in which
the client is experiencing a domestic or sexual violence issue or is involved
in domestic or sexual violence programs or services such that it is difficult
for the client to participate in other appropriate work, training or education
activities. If the clock is stopped, the client's Responsibility and Services
Plan will be revised to reflect this waiver of work, training or education
activities while the client resolves the domestic or sexual violence issues.
2) The client shall not be required to participate in paternity
establishment or child support cooperation requirements if the client is
determined to have "good cause" as defined under 89 Ill. Adm. Code
160.35 due to domestic or sexual violence issues.
3) Waivers shall be granted for so long as necessary for any
program requirements in cases where compliance with such requirements would
make it more difficult for an applicant or recipient to escape domestic or
sexual violence, unfairly penalize them, or subject them to further risk of
domestic or sexual violence.
4) Applicants and recipients can apply for a waiver at any time.
At no time shall an applicant's or recipient's decision not to disclose abuse
or not seek waivers due to abuse preclude disclosure or a request for waiver at
a later date, nor will it preclude future access to services, other waivers or
approval of client-desired education, training or other activities.
5) Any denial, termination or modification of a waiver shall be
in writing and shall state the reason for the denial, termination or
modification. Such actions may be appealed through the standard appeal and
fair hearing procedures applicable to other determinations of eligibility,
progress or status. (See 89 Ill. Adm. Code 14.)
6) While the request for any waiver is pending or is under
appeal, no negative action based on the ground for a waiver pending or under
appeal on an applicant's or recipient's case shall occur.
7) Applicants and recipients who request a waiver of the
employment and work activity requirement shall not be required to participate
in employment and work activities while the waiver request is pending or is
under appeal.
8) The duration of a waiver shall be initially determined and
subsequently redetermined on a case-by-case basis. At the time of assessment
and review of the RSP, a determination shall be made as to whether the waiver
will be continued, terminated or modified, or whether any other waivers of
other program requirements are appropriate and shall be granted. Continuing
eligibility for a waiver shall be redetermined no less often than every six
months.
9) There is no limit on the total number of months a waiver may
be extended or the number of waivers approved for any individual or family.
10) An individual may decline a waiver or terminate an existing
waiver at any time without penalty.
11) The granting of a waiver shall not negatively affect the
amount of the household's grant or the budgeting of income for the applicant or
recipient.
j) For the protection of clients, any information about a client
or case is confidential and shall be used only for purposes directly related to
the administration of the assistance programs, as provided in 89 Ill. Adm. Code
10.230 and, in addition:
1) Any information pertaining to any applicant or recipient who
may be a past or present victim of domestic or sexual violence or an individual
at risk of further domestic or sexual violence shall remain confidential and
shall not be released unless required for the administration of public
assistance programs, authorized pursuant to law or in writing by the victim or,
if the victim is a minor child or otherwise not legally competent, the
caretaker relative whose interests are not adverse to the minor or legally
authorized representative. This information includes but is not limited to
information on the applicant's or recipient's current address, work place, work
placement or school that the individual has been identified as a victim of
domestic or sexual violence, or any details concerning the domestic or sexual violence.
2) The Department shall inform all applicants and recipients of
the meaning of case information confidentiality, the Department's policy on
maintaining case information confidentiality, and the limitations of case information
confidentiality, and shall explain specifically what limitations on case
information confidentiality exist, including State law and regulations
regarding the reporting of known or suspected child abuse and neglect under 325
ILCS 5.
3) All applicants and recipients shall be advised that, if they
are victims of domestic or sexual violence and their abuser, or someone close
to their abuser or any other person deemed by the victim, or the victim's
caretaker relative or legally authorized representative to be unsafe to
contact, is employed by an agency or governmental department to whom case
information may be furnished, including, but not limited to the Illinois State
Scholarship Commission, the Illinois Department of Healthcare and Family
Services or any successor agency, bureau or department, and the Illinois
Department of Revenue, and any local, State or federal law enforcement
agencies, or is a State or local law enforcement official or officer, the
applicant or recipient should inform the Department so that information is not
released without the applicant's or recipient's informed written consent and
without appropriate precautions taken.
4) Information with respect to victims of domestic or sexual violence
shall not be released to any other household member, the household's currently
authorized representative, or a person acting in the household's behalf unless
authorized in writing by the victim or, if the victim is a minor child or
otherwise not legally competent, the victim's caretaker relative or legally
authorized representative.
5) To protect against coercion, the Department, its employees,
contractors, and subcontrators shall not request written informed consent
authorizing the release of information from a victim, or the victim's caretaker
relative or legally authorized representative in the presence of the alleged
abuser.
6) Department employees, contractors and subcontractors may have
access to client identifiable information maintained on a victim of domestic or
sexual violence only when the employees' job responsibilities cannot be
accomplished without access to client identifiable information.
7) The confidentiality and integrity of the service provider and
applicant and recipient relationship shall be preserved when reviewing an
individual's participation in domestic or sexual violence services.
k) Domestic or sexual violence training shall be mandatory for
all appropriate Department staff, including hearing officers, and the staff of
any office or bureau, who work with applicants or recipients at any of the
Department's offices or sites. The Department shall consult with State and
local domestic or sexual violence experts to develop the curriculum.
l) Nothing in this Section shall be interpreted to require any
actions, not required of applicants or recipients who are not domestic or
sexual violence victims, by domestic or sexual violence victims, or those
acting on behalf of victims, such as seeking orders of protection, pursuing any
other civil or criminal legal action, attending counseling, or other actions.
Nothing in this Section shall be interpreted as allowing a denial or reduction
of benefits or a denial, modification or termination of a waiver to domestic or
sexual violence victims because they do not take actions not required of other
applicants or recipients. An individual may decline to participate in services
specifically directed at domestic or sexual violence, or may terminate
participation in such services, without penalty or sanction.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
SUBPART B: NON-FINANCIAL FACTORS OF ELIGIBILITY
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.8 CARETAKER RELATIVE
Section 112.8 Caretaker
Relative
a) The caretaker relative is the specified relative with whom the
child is living. When a child lives with a parent, that parent shall be
designated as the caretaker relative except as follows:
1) another relative in the home shall be the caretaker relative
if DCFS has placed the child with the relative; or
2) the relative has assumed responsibility for the child due to
the parent's inability to adequately care for the child.
b) Specified relatives are the following blood and adoptive
relatives:
1) First Degree of Relationship:
A) father; or
B) mother.
2) Second Degree of Relationship:
A) brother;
B) sister;
C) grandfather; or
D) grandmother.
3) Third Degree of Relationship:
A) great-grandfather;
B) great-grandmother;
C) uncle;
D) aunt;
E) nephew; or
F) niece.
4) Fourth Degree of Relationship:
A) great-great-grandfather;
B) great-great-grandmother;
C) great-uncle;
D) great-aunt;
E) first cousin;
F) great-niece; or
G) great-nephew.
5) Fifth Degree of Relationship:
A) great-great-great-grandfather;
B) great-great-great-grandmother;
C) great-great-uncle;
D) great-great-aunt;
E) first cousin once removed;
F) second cousin;
G) great-great niece; or
H) great-great nephew.
6) Step-Relatives:
A) step-father;
B) step-mother;
C) step-brother; or
D) step-sister.
7) Person who is or has been married to one of the relatives
listed in subsections (b)(1) through (6) above.
c) Every TANF case shall have one person designated as the
caretaker relative. The caretaker relative does not have to meet a minimum or
a maximum age requirement. If the caretaker relative is included in the
assistance unit, this person shall be considered an adult.
d) One person may be the caretaker relative for two separate TANF
financial assistance units only as follows:
1) The person, his or her child or children, siblings and the
child or children's other parent shall receive TANF in one assistance unit; and
2) A separate assistance unit shall be established when the
person is also caretaker relative for other related children (for whom the
person is not a parent). The second assistance unit must also contain an
eligible parent or parents and siblings of the child or children in the unit.
e) When a specified relative is no longer available to act as a
caretaker relative, for children already receiving cash benefits, another
person may serve as a Temporary Caretaker for a period not to exceed 90 days.
"Living with" requirements of the child or children are the same as
with a caretaker relative. The Temporary Caretaker will not be included in the
assistance unit.
(Source: Amended at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.9 CLIENT COOPERATION
Section 112.9 Client
Cooperation
a) As a condition of eligibility, clients must cooperate:
1) in the determination of eligibility;
2) with Department programs conducted for the purposes of
acquisition or verification of information upon which eligibility may depend;
3) in applying for all financial benefits for which they may
qualify and to avail themselves of such benefits at the earliest possible date;
4) by designing a Responsibility and Services Plan (RSP)
appropriate for his or her situation, signing the RSP and following through on
the activities agreed to in the RSP. These activities may not begin until at
least 30 days after the date of application. An applicant who refuses to
cooperate in designing or signing an RSP is not eligible for TANF cash
assistance. An applicant who refuses to follow through or fails, without good
cause, to follow through with the activities agreed upon in the RSP is also
ineligible for TANF cash assistance.
b) TANF applicants who quit working without good cause during the
application process are not eligible for cash assistance.
c) Clients are required to avail themselves of all potential income
sources.
d) When eligibility cannot be conclusively determined because the
individual is unwilling or fails to provide essential information or to consent
to verification, the client is ineligible.
e) At screening, applicants shall be informed, in writing, of any
information they are to provide at the eligibility interview.
f) At the eligibility interview or at any time during the
application process, when the applicant is requested to provide information in
his or her possession, the Department will allow a reasonable period for the
return of the requested information. The first day of the period is the
calendar day following the date the information request form is sent or given
to the applicant. The last day of the period shall be a work day and is to be
indicated on the information request form. If the applicant does not provide
the information by the date on the information request form, the application
shall be denied on the following work day.
g) At the eligibility interview or at any time during the
application process, when the applicant is requested to provide third party
information, the Department shall allow a reasonable period for the return of
the requested information or for verification that the third party information
has been requested. The first day of the period is the calendar day following
the date the information request form is sent or given to the applicant. The
last day of the period shall be a work day and is to be indicated on the
information request form. It is to be indicated on the information request
form that the applicant shall provide written verification of the request for
the third party information. If the applicant does not provide the information
or the verification that the information was requested by the date on the
information request form, the application shall be denied on the following work
day.
1) Third party information is defined as information that must be
provided by someone other than the applicant. An authorized representative or
person applying on another's behalf is not a third party, but is treated as if
he were the applicant.
2) The Department shall advise clients of the need to provide written
verification of third party information requests and the consequences of
failing to provide that verification.
3) If the applicant requests an extension, either verbally or in
writing, in order to obtain third party information and provides written
verification of the request for the third party information such as a copy of
the request that was sent to the third party, an extension of 90 days from the
date of application shall be granted. The first day of the 90-day period is
the calendar day following the date of application. The 90th day must be a
work day.
4) If an applicant's attempt to obtain third party information is
unsuccessful, upon the applicant's request the Department will assist in
securing evidence to support the client's eligibility for assistance.
(Source: Amended at 38 Ill.
Reg. 4441, effective January 29, 2014)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.10 CITIZENSHIP
Section 112.10 Citizenship
To be eligible for assistance,
an individual shall be either a U.S. citizen or a non-citizen within specific
categories and subject to the following specific restrictions:
a) Citizenship status – Persons born in the U.S., or in its
possessions, are U.S. citizens. Citizenship can also be acquired by
naturalization through court proceedings, or by certain persons born in a
foreign country of U.S. citizen parents.
b) Non-citizens
1) The following categories of non-citizens may receive
assistance, if otherwise eligible:
A) A United States veteran honorably discharged and a person on
active military duty, and the spouse and unmarried dependent children of such a
person;
B) Refugees under section 207 of the Immigration and Nationality
Act (INA) (8 USC 1157);
C) Asylees under section 208 of INA (8 USC 1158);
D) Persons for whom deportation has been withheld under section
243(h) of INA (8 USC 1253(h)) prior to September 30,1996 or 241(b)(3) of INA (8
USC 1231(b)(3)) on or after September 30, 1996;
E) Persons granted conditional entry under section 203(a)(7) of
INA (8 USC 1153) as in effect prior to April 1, 1980;
F) Persons lawfully admitted for permanent residence under the
INA including;
i) Afghani
immigrants with special immigrant status under section 101(a)(27) of INA (8 USC
1101). The five-year residency requirement set forth in subsection (b)(2) of
this Section does not apply to this sub-group.
ii) Iraqi
immigrants with special immigrant status under section 101(a)(27) of INA (8 USC
1101). The five-year residency requirement set forth in subsection (b)(2) of
this Section does not apply to this sub-group;
G) Parolees, for at least one year, under section 212(d)(5) of INA
(8 USC 1182);
H) Persons who are a spouse, widow or child of a U.S. citizen or a
spouse or child of a legal permanent resident (LPR) who have been battered or
subjected to extreme cruelty by the U.S. citizen or LPR or a member of that
relative's family who lived with them, who no longer live with the abuser or
plans to live separately within one month after receipt of assistance and whose
need for assistance is due, at least in part, to the abuse;
I) Victims of trafficking, or the minor child, spouse, parent or
sibling of the trafficking victim, who have been certified by, or whose status
has been verified by, the federal Office of Refugee Resettlement (ORR); and
J) Persons who are a foreign-born victim of trafficking, torture,
or other serious crimes as defined in Art. XVI of the Illinois Public Aid Code
[305 ILCS 5], and his or her derivative family members, as defined in 8 USC
1101(a)(15)(T) and (a)(15)(U), are eligible for cash assistance if he or she:
i) has filed or is preparing to file an application for T Nonimmigrant
status with the appropriate federal agency pursuant to 8 USC 1101(a)(15)(T), or
is otherwise taking steps to meet the conditions for federal benefits
eligibility under 22 USC 7105;
ii) has filed or is preparing to file a formal application with
the appropriate federal agency for status pursuant to 8 USC 1101(a)(15)(U); or
iii) has filed or is preparing to file a formal application with
the appropriate federal agency for status under 8 USC 1158.
2) Benefits provided pursuant to subsection (b)(1)(J) shall be
terminated if there is a final denial of that person's visa or asylum
application under 8 USC 1101(a)(15)(T), 1101(a)(15)(U) or 1158.
3) Benefits provided pursuant to subsection (b)(1)(J) shall be
denied one year after the date of the TANF application if a formal application
under 8 USC 1101(a)(15)(T), 1101(a)(15)(U) or 1158 has not been filed. The Department
may extend the person's and his or her derivative family member's eligibility
for cash assistance beyond one year if the Department determines that the
person, during the year of initial eligibility:
A) experienced
a health crisis;
B) has been unable, after reasonable attempts, to obtain necessary
information from a third party; or
C) has other extenuating circumstances that prevented the person
from completing his or her application for status.
4) Those persons who are in the categories set forth in subsections
(b)(1)(F) and (b)(1)(G) and who enter the United States on or after August 22,
1996 shall not be eligible for five years beginning on the date the person
entered the United States.
(Source: Amended at 44 Ill.
Reg. 9929, effective May 20, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.20 RESIDENCE
Section 112.20 Residence
a) In order to be eligible an individual must be a resident of
Illinois.
b) A resident is:
1) an individual who at the time application is made is living in
Illinois voluntarily with the intention of making his home here, and not for a
temporary purpose; or
2) an individual who (whether or not currently employed at the
time of application) is living in Illinois, is not receiving assistance from
another state and who entered Illinois with a job commitment or to seek
employment.
3) An out-of-State Title IV-E eligible adoption assistance/foster
care child living in Illinois is considered an Illinois resident for medical
assistance coverage.
c) A child is a resident of the State in which the caretaker is a
resident.
AGENCY NOTE: "Temporary absence from the State" as specified
in Section 2-10 of the Illinois Public Aid Code [305 ILCS 5/2-10] shall not
affect residence.
(Source: Amended at 12 Ill. Reg. 6694, effective March 22, 1988)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.30 AGE
Section 112.30 Age
a) There is no minimum or maximum age requirement to be
designated as or to receive assistance as a caretaker relative. If an
individual receives financial assistance as a caretaker relative that
individual shall not be considered as a child in the determination of the level
of assistance.
b) To be included in the assistance grant as a child, the child
must be under age 18 or age 18 and in a full-time secondary school.
1) During summer vacation a dependent child who intends to return
to school or one who experiences a temporary illness (not to exceed 90 days)
which precludes school attendance is to be considered a full-time student.
2) Full-time attendance must be in a school defined as follows:
A) High School – 25 clock hours per week or in a special secondary
education program of training which is designed to fit him or her for gainful
employment and is defined by the school as full-time attendance.
B) Vocational or technical school – 30 clock hours per week when
program involves shop practice, 25 clock hours per week when program does not
involve shop practice.
C) Residential program – a regular curriculum of instruction that
is equivalent to that which leads to obtaining a high school diploma. The
program may include various life skills and vocational training.
(Source: Amended at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.40 RELATIONSHIP
Section 112.40 Relationship
a) The child(ren) must be living with a blood relative,
step-relative or adoptive relative in the relative's home.
b) A child conceived or born-in-wedlock is presumed to be the
child of that marriage in the absence of a court finding to the contrary
(Section 5 of the Illinois Parentage Act of 1984, Ill. Rev. Stat. 1987, ch. 40,
par. 2505).
c) Relationship between a child born-out-of-wedlock and the
child's putative father may be established by:
1) adjudication; or
2) legal presumption of paternity. A legal presumption of
paternity exists when the putative father married the child's natural mother
after the child's birth and he is named as father on the child's birth
certificate pursuant to Section 12 of the Vital Records Acts (Ill. Rev. Stat.
1987, ch. 111½, par. 73-12.
d) Relatives of the child's putative father may establish
relationship to the child provided one of the following criteria is met.
1) Paternity has been established by:
A) adjudication, legal presumption of paternity or acknowledgement
in open court by the putative father; and
B) the relationship between the putative father and the caretaker
relative (defined at 89 Ill. Adm. Code 101.20) has been verified.
2) The putative father's relationship to the child and his
relationship to the caretaker relative has been verified by such sources as:
A) birth records;
B) baptismal certificate;
C) bible entries;
D) census records;
E) medical records;
F) Social Security records;
G) Veteran's Administration records;
H) Immigration/Naturalization Service Records;
I) death certificates; or
J) the putative father's notarized signature on an
acknowledgement of paternity.
3) Any of the verification factors in Section 112.40(d)(2),
establish the caretaker relative as having a specified relationship to the
child.
4) Other documentary evidence which establishes the paternity of
the child, such as affidavits from disinterested parties, old personal
correspondence, the putative father's notarized signature on an acknowledgement
of paternity or a statement from the mother, shall be used to establish the
required relationship between the caretaker and child. Such other evidence
shall establish, to the Department's satisfaction, that the putative father is
more than likely the actual father of the child.
e) The relationship between a child and other specified relatives
may be established by court documents which contain statements mentioning the
relationship if other sources of verification cannot be obtained.
f) When the required relationship exists between the child and
the relative, the relative is referred to as a specified relative.
(Source: Amended at 14 Ill. Reg. 3170, effective February 13, 1990)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.50 LIVING ARRANGEMENT
Section 112.50 Living
Arrangement
All persons included in the
assistance unit must be residing in the same home. To be included in the
assistance unit as a child, the child must live with a specified relative in
that relative's home. A home is the family setting shared by the specified relative
and the child. A home need not be a fixed dwelling if the family has none.
The relative must exercise primary responsibility for care and supervision of
the child, even though either the child or the relative is temporarily absent
from the customary family setting.
(Source: Amended at 11 Ill. Reg. 14755, effective August 26, 1987)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.52 SOCIAL SECURITY NUMBERS
Section 112.52 Social
Security Numbers
a) To be eligible for TANF, each individual must furnish the
Department his or her Social Security Number. If more than one Social Security
Number has been assigned to any individual, all numbers are to be furnished.
b) If a Social Security Number cannot be furnished, either
because it has not been issued or is not known, application shall be made for a
Social Security Number.
c) Assistance will not be denied, delayed or discontinued pending
the issuance or validation of a Social Security Number if the individual, or
someone acting responsibly for the individual applies for the Social Security
Number.
d) Individuals for whom a Social Security Number is not furnished
and for whom application for a Social Security Number is not made are
ineligible for an assistance grant under the TANF program. If the individual
is a U.S. citizen or otherwise non-citizen adult parent of a child in a TANF
cash case, the entire filing unit is ineligible for TANF cash or General
Assistance benefits.
(Source: Amended at 22 Ill. Reg. 19840, effective November 1, 1998)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.54 ASSIGNMENT OF MEDICAL SUPPORT RIGHTS
Section 112.54 Assignment of
Medical Support Rights
a) Rights to Support
1) As a condition of eligibility for medical assistance under the
TANF program, each applicant or recipient by operation of State law,
automatically assigns to the Department any rights to support which the
applicant or recipient may have. This assignment gives the Department the
right to collect support money directly from the absent parent in order to be
reimbursed for assistance given to the dependent children.
2) This right includes support money paid in the applicant/
recipient own behalf, such as alimony, and money paid in behalf of any other
family member for whom assistance is requested, such as child support.
b) As a condition of eligibility for medical assistance under the
TANF program each legally able applicant and recipient must cooperate (see 89
Ill. Adm. Code 120.320(b)) with the Department in obtaining medical support or
payments. ("Legally able" means the applicant/recipient has the
legal authority to execute an assignment of medical support rights.) This
includes support or payments for the applicant/recipient and/or for any person
for whom the applicant/recipient receives medical assistance.
c) Refusal/Failure to Cooperate
1) If the applicant/recipient refuses to cooperate with the
Department in obtaining medical support or payments, he/she is ineligible for
medical assistance and will be removed from the assistance unit for medical
assistance. (Non-cooperation is failure/refusal to comply with the
requirements of 89 Ill. Adm. Code 120.320(b).) However, the
applicant/recipient remains eligible for TANF cash benefits.
2) Cooperation in obtaining medical support and/or payments
includes enrolling dependents for no cost dependent health insurance coverage.
3) If the applicant/recipient fails/refuses to cooperate in
obtaining medical support/payments or sign up for no cost medical insurance,
he/she is ineligible for medical assistance as long as he/she continues to
fail/refuse to cooperate. If the applicant/recipient later wishes to receive
medical assistance then he/she must cooperate by complying with the
requirements (see 89 Ill. Adm. Code 120.320(b)) that he/she previously
failed/refused to meet.
4) An applicant/recipient can appeal the Department's
determination that he/she refused to cooperate in obtaining medical
support/payments or that he/she refused to sign up for no cost medical
insurance. Such appeal shall be in accordance with 89 Ill. Adm. Code 14:
Subpart A.
d) The Department will provide or continue to provide medical
assistance to any applicant or recipient who is not legally able to cooperate
in securing medical support, and would otherwise be eligible for medical
assistance but for the refusal by a person legally able to cooperate.
(Source: Amended at 29 Ill.
Reg. 8161, effective May 18, 2005)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.55 ELECTRONIC BENEFITS TRANSFER (EBT) RESTRICTIONS
Section 112.55 Electronic Benefits Transfer (EBT)
Restrictions
a) Benefits
are not to be accessed via Electronic Benefits Transfer (EBT) (see section
408(a)(12)(B)(iii) of the Social Security Act (42 USC 608(a)(12)(B)(iii)) at
any prohibited location, which includes liquor stores (see section
408(a)(12)(B)(i) of the Social Security Act), gambling casinos (see section
408(a)(12)(B)(ii) of the Social Security Act), or retail establishments that
provide adult entertainment involving disrobing or nudity.
b) For
the first instance of prohibited access, the Department will issue a verbal
warning.
c) For
each subsequent instance of prohibited access, cash assistance benefits will be
reduced by one-half for one month.
(Source: Added at 38 Ill. Reg. 18646,
effective August 29, 2014)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.60 BASIS OF ELIGIBILITY
Section 112.60 Basis of
Eligibility
a) Child only assistance serves:
1) children living with a relative other than a parent when the
relative chooses not to be included in the assistance payment;
2) children who meet the citizenship requirements and are living
with parents who are not eligible because they are not U.S. citizens or
qualified aliens;
3) children living with a parent or parents who are ineligible
for a reason other than not being U.S. citizens or qualified aliens; and
4) children living with a parent or parents who receive
Supplemental Security Income (SSI), Social Security Disability, Railroad
Retirement Disability, 100% Veterans' Disability, or Black Lung payments in
excess of the difference in the Payment Level including the parent or parents
and the Payment Level excluding the parent or parents.
b) Temporary assistance for families serves families that do not
have an employed family member.
1) Families may be composed of:
A) children and no more than two parents;
B) children, caretaker, and caretaker's spouse;
C) a pregnant woman with no children and her spouse, if living in
the home; or
D) a caretaker relative whose only eligible child(ren) in the home
receives Supplemental Security Income (SSI).
2) Families participating in work activities, but not employed, are
included in this component.
3) The services for these families will focus on activities to
move clients to self-sufficiency through work and child support.
c) Temporary assistance for employed families serves families
that contain at least one employed family member in the assistance payment,
whose earnings are considered in determining eligibility and the assistance
payment.
1) Families may be composed of:
A) children and no more than two parents;
B) children, caretaker, and caretaker's spouse;
C) a pregnant woman with no children and her spouse, if living in
the home; or
D) a caretaker relative whose only eligible child(ren) in the home
receives Supplemental Security Income (SSI).
2) Service for these families will focus on upgrading their
skills to achieve self-sufficiency.
(Source: Amended at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.61 DEATH OF A PARENT (REPEALED)
Section 112.61 Death of a
Parent (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.62 INCAPACITY OF A PARENT (REPEALED)
Section 112.62 Incapacity of
a Parent (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.63 CONTINUED ABSENCE OF A PARENT (REPEALED)
Section 112.63 Continued
Absence of a Parent (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.64 UNEMPLOYMENT OF THE PARENT (REPEALED)
Section 112.64 Unemployment
of the Parent (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.65 RESPONSIBILITY AND SERVICES PLAN
Section 112.65
Responsibility and Services Plan
a) The Department shall advise every applicant and recipient of:
1) the requirement that all recipients move toward
self-sufficiency; and
2) the value and benefits of employment.
b) Clients who are adults or minor parents must prepare, sign and
submit a personal Responsibility and Services Plan (RSP). Active recipients
who are adults or minor parents who have previously prepared, signed and
submitted a personal RSP must comply with the RSP. Department staff shall
assist each client in completing the RSP.
c) The RSP includes the following:
1) job history;
2) job preferences;
3) job search plans;
4) child immunization;
5) school attendance;
6) family well-being, including domestic or sexual violence,
substance abuse, homelessness and mental and physical health issues;
7) family information;
8) income;
9) child support;
10) education/training;
11) child care;
12) transportation;
13) legal; and
14) referral.
d) This Section does not apply to Representative Payees.
e) A parent who refuses to complete the RSP, when appropriate for
his or her family, renders the entire assistance unit ineligible. Supervisory
approval is required to confirm refusal.
f) A client who fails to follow up in taking the necessary steps
that will lead to self-sufficiency, as decided upon in the RSP, is subject to
sanction (see Section 112.79). Failure to comply with provisions relating to
domestic or sexual violence will not result in sanction.
(Source: Amended at 38 Ill.
Reg. 4441, effective January 29, 2014)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.66 ALCOHOL AND SUBSTANCE ABUSE TREATMENT
Section 112.66 Alcohol and
Substance Abuse Treatment
a) In areas of the State where appropriate substance abuse
programs have capacity, adults identified as having an alcohol or substance
abuse problem (see 77 Ill. Adm. Code 2060, Alcoholism and Substance Abuse
Treatment and Intervention Licenses) must participate in an alcohol or
substance abuse treatment program unless the adult is employed 30 hours per
week or more.
b) Failure to participate, without good cause, in an alcohol or
substance abuse treatment program, when there is a currently available treatment
slot, will result in progressive sanction or sanctions (see Section 112.79).
c) Supportive services will be provided to enable the client to
participate in the alcohol or substance abuse treatment program.
d) The exemption criteria listed in Section 112.71 do not apply.
(Source: Amended at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.67 RESTRICTION IN PAYMENT TO HOUSEHOLDS HEADED BY A MINOR PARENT
Section 112.67 Restriction
in Payment to Households Headed by a Minor Parent
a) A TANF cash payment shall be paid, for no more than six
months, to a minor parent (including a pregnant woman) under age 18 who has
never married and the dependent child in his or her care unless that person
resides in the household of his or her parent, legal guardian, or other adult
relative, or in an adult-supervised supportive living arrangement. The
Department and Teen Parent Services are to help the teen parent comply with the
minor-live-at-home requirement or document an exception to it during the
six-month period in which the teen parent does not meet the minor-live-at-home
requirement. An exception shall be made in any of the following circumstances:
1) The minor parent has no living parent or legal guardian whose
whereabouts are known;
2) No living parent or legal guardian of the minor parent allows
the minor parent to live in his or her home;
3) The minor parent lived apart from his or her own parent or
legal guardian for a period of at least one year before either the birth of the
dependent child or the minor parent's having made application for TANF;
4) The physical or emotional health or safety of the minor parent
or dependent child would be jeopardized if they resided in the same residence
with the parent or legal guardian;
5) There is otherwise good cause for the minor parent and
dependent child to receive assistance while living apart from the parent, legal
guardian, or other adult relative, or an adult-supervised supportive living
arrangement. These reasons are:
A) The parent or guardian lives out-of-state;
B) The parent or guardian is in an institution;
C) The parent or guardian is a substance abuser;
D) The return of the minor parent and child to the parent or
guardian's home would result in a lease violation or violation of local health
or safety standards;
E) The minor parent is placed by DCFS in independent living (see
89 Ill. Adm. Code 302.40(e)); or
F) The minor parent is in a licensed substance abuse program
which would not be available if the minor returned to the parent or guardian's
home.
b) The minor shall have the right to choose among these
approvable living arrangements. The Department shall not require the minor to
explain why he or she chose one arrangement over another.
c) When a minor parent and his or her dependent child are
required to live with the parent, legal guardian, or other adult relative, or
in an adult-supervised supportive living arrangement, then, where possible, the
TANF grant is paid to the adult who is responsible for supervising the minor.
Otherwise, the minor receives the TANF grant.
d) Minor parents under age 20 with no child under the age of 12
weeks may receive assistance only if they have successfully completed high
school, have a GED certificate, or are attending school, except 18 and 19 year
olds may be assigned to work activities or training if it is determined by an
individualized assessment that such educational activities are inappropriate.
If these requirements are not met, they are subject to sanction (see Section
112.79).
(Source: Amended at 28 Ill.
Reg. 5655, effective March 22, 2004)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.68 SCHOOL ATTENDANCE INITIATIVE
Section 112.68 School
Attendance Initiative
a) Identification and Referral
1) Participating elementary schools will identify children in
grades one through eight who receive TANF and who are not attending school
regularly, as defined by the school. If the schools cannot address the
families' problems that appear to be resulting in irregular school attendance,
they will refer the families to participating social service networks. The
family will be notified, in writing, of the referral and the consequences for
non-cooperation with the referral.
2) Social service networks should be specifically equipped to
address the causes of truancy, at no cost to the family other than the normal
co-payment under existing programs.
3) Upon referral, a Social Service Network Representative will
assess the specific family situation and will develop a service plan with the
family that will include getting the child to regularly attend school.
4) The service plan for the truant child in grades seven and
eight is completed by the social service agency, school, juvenile justice
system or other agency. The plan includes options such as community service,
mandatory after school tutoring/mentoring programs, and working with juvenile
advocates. It may also include suspension from extracurricular activities.
Contact with law enforcement may also be involved.
b) Use of Protective Payee
1) Upon failure of the family to cooperate with the referral, or
with the service plan, as determined by the social service provider, the family
will be placed under a Protective Payee with the Social Service Network Representative
acting as the payee for the family's TANF grant. The provisions of 89 Ill.
Adm. Code 117.10 shall otherwise apply.
2) The Protective Payee will remain in effect until the family
follows through with the service plan, as determined by the social service
provider. The Protective Payee may be discontinued during the months of June,
July and August at the option of the service provider.
c) Cash Assistance Sanctions
1) If a protective payee plan, as provided in subsection (b) of
this Section, has been in effect for at least three months and the child
continues to regularly miss school, as defined by the school, the cash
assistance payment will be reduced by 50 percent of the family's payment level
until the attendance is satisfactory. If attendance is not satisfactory after
three months of reduced payments, the entire cash payment will be stopped.
2) For a second instance, the cash assistance payment will be
reduced by 50 percent of the family's payment level for three months. If
attendance is not satisfactory after three months of reduced payments, the
entire cash payment will be stopped.
3) For a third instance and any subsequent instance, the family's
entire cash assistance payment will be stopped for at least three months. Cash
assistance will be reinstated for the fourth month if the requirement is met
during the three-month sanction period.
4) Sanction penalties accumulate by family, not by person, during
any single period of continuous assistance. A single period of continuous
assistance is not interrupted by a loss of all cash assistance due to a
sanction. If a family member's non-cooperation occurs during a sanction period
which was the result of another member's non-cooperation, the next progressive
sanction shall apply.
5) Reconciliation must be attempted before imposing a sanction
under this Section.
6) Sanctions will not be applied during the months of June, July
and August, except in the case of year-round schools.
7) Sanctions under this Section, employment and training programs
and the Responsibility and Services Plan (89 Ill. Adm. Code 112.79), and Child
Support Enforcement (89 Ill. Adm. Code 160.30) shall be considered along one
track. After a sanction is taken under one Section, a subsequent sanction under
that Section or either of the other two Sections will be at the next level of
sanction, as set out above.
(Source: Amended at 22 Ill. Reg. 14744, effective August 1, 1998)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.69 FELONS AND VIOLATORS OF PAROLE OR PROBATION
Section 112.69 Felons and
Violators of Parole or Probation
a) Persons convicted in state or federal court of misrepresenting
an address to receive assistance from programs funded by a federal TANF grant,
Title XIX, the Food Stamp Act of 1977, or the Supplemental Security Income
program in two or more states is ineligible to participate in the Illinois TANF
program for a ten-year period beginning with the date of the conviction.
b) Probation and parole violators are not eligible.
c) Fugitive felons are not eligible.
d) Family members of the persons ineligible under subsections (a)
through (c) may be eligible, unless the ineligible person is the only child in
the family. In considering eligibility and the amount of assistance for these
family members, the income of the ineligible person is considered available to them.
(Source: Amended at 46 Ill.
Reg. 6932, effective April 20, 2022)
SUBPART C: TANF EMPLOYMENT AND WORK ACTIVITY REQUIREMENTS
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.70 EMPLOYMENT AND WORK ACTIVITY REQUIREMENTS
Section 112.70 Employment
and Work Activity Requirements
Sections 112.70 through 112.83
describe the employment and work activity requirements for TANF clients and
clients receiving family assistance from State funds only. The purpose of TANF
is to provide temporary assistance to needy individuals and families and assist
them in attaining skills and training needed to become employed and help avoid
long-term welfare dependence. The TANF Program will focus on enhancing the
long-term employability of TANF clients by assessing the individual
capabilities of each participant, using the Family Assessment to create a
Responsibility and Services Plan to match the participant to a suitable
activity and employment goal. The program will offer a wide variety of
intensive activities aimed at assisting the participant to acquire the training
and/or work skills needed to meet the demands of the current labor market as
well as in the future and to become self-sufficient. Work activities are
appropriate activities to remove barriers to successful employment and to
prepare TANF participants to achieve progress toward self-sufficiency. The
level of TANF employment or work activities in the State as a whole and in
different counties of the State may vary depending upon available resources.
Program services may be provided directly by the Department or through
contract. References to the Department or staff of the Department shall
include contractors when the Department has entered into contracts for program
services. In addition to work activities described in Section 112.78, activities
for TANF participants may also include:
a) a program in accordance with a plan developed with a provider
of domestic or sexual violence services;
b) a program to treat alcohol or drug abuse in accordance with
the Responsibility and Services Plan;
c) a program to treat mental health disorders in accordance with
the Responsibility and Services Plan;
d) participation in AmeriCorps VISTA, Job Corps, some paid Workforce
Investment Act programs, or work study for cash or financial credit for education
expenses; and
e) foster parenting consistent with the Responsibility and
Services Plan.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.71 INDIVIDUALS EXEMPT FROM TANF EMPLOYMENT AND WORK ACTIVITY REQUIREMENTS
Section 112.71 Individuals
Exempt from TANF Employment and Work Activity Requirements
a) An individual shall be exempt from TANF Employment and Work
Activity Requirements when that individual:
1) Is a child who is not a parent.
2) Is the parent or other caretaker relative of a child under age
one in the home who is personally providing care for the child.
A) Only one person in a case may be exempted for this reason.
B) A parent under age 20, without a high school diploma or
equivalent, cannot claim this exemption unless his or her youngest child is
under 12 weeks of age.
3) Is 60 years of age or older.
4) Is an adult in a family when only children are receiving TANF
benefits and the adult is not the parent of the children who are receiving
TANF.
5) Is a parent in a family when only children are receiving TANF
benefits and the parent is a minor parent who is not the head of household or
spouse of the head of household.
6) Is a parent in a family when only children are receiving TANF
benefits and the parent is an alien who is ineligible to receive assistance due
to his or her immigration status.
7) Is a parent in a family when only children are receiving TANF
benefits and the parent is a recipient of Supplemental Security Income
benefits.
8) Is a parent providing care for a disabled family member living
in the home who does not attend school on a full-time basis.
b) Exemption from TANF Employment and Work Activity does not
equate to exemption from the 60-month lifetime limit.
(Source: Amended at 32 Ill.
Reg. 2767, effective February 7, 2008)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.72 PARTICIPATION/COOPERATION REQUIREMENTS
Section 112.72
Participation/Cooperation Requirements
a) An individual is required to participate in a TANF employment
or work activity by:
1) Cooperating with TANF requirements. Cooperation with TANF is
defined as providing requested information about employment history and
capabilities, appearing for scheduled meetings, participating in assessments
and complying with the requirements of the TANF activities identified in
Section 112.78, which may not begin until at least 30 days after the date of
application.
2) Responding, timely, to a job referral of suitable employment
(that is, a written statement referring a participant to an employer for a
specific position).
3) Accepting a bona fide offer of suitable employment. An
individual must be given the opportunity to explain why a bona fide offer of
employment was not accepted. A bona fide offer of suitable employment is
where:
A) there was a definite offer of employment substantiated by
written confirmation from the prospective employer at wages meeting any
applicable minimum wage requirements and which are customary for such work in
the community based on information obtained from the Department of Employment
Security;
B) there are no questions as to the individual's ability to engage
in such employment for physical reasons or because he has no way to get to or
from the particular job; and
C) there are no questions of working conditions, such as risks to
health, safety or lack of worker's compensation protection or lack of other
workplace rights due TANF recipients according to the U.S. Department of Labor.
4) Department employment referrals are deemed suitable if they
meet the following criteria:
A) Wages offered must be at least the greater of:
i) the federal minimum wage; or
ii) the State minimum wage.
B) Subminimum training wages offered must be at least the greater
of:
i) the federal subminimum training wage; or
ii) the State subminimum training wage.
C) If the wages are offered on a piece-rate basis, wages for a
beginner must equal the amount the participant can reasonably be expected to
earn as outlined in subsection(a)(4)(A) of this Section.
D) There is no unreasonable degree of risk to the participant's
health and safety.
E) The participant may not be required as a condition of
employment to join, resign from or refrain from joining any legitimate labor
organization.
5) Participants must register and appear for interviews at the
Illinois Employment and Training Center (IETC) or Department of Employment
Security's Job Service offices when required.
b) Additionally, participants who are part-time employed must:
1) continue their part-time employment; and
2) not voluntarily reduce their work hours, unless such reduction
is consistent with the next steps in the Responsibility and Services Plan.
c) Failure of an individual to participate/cooperate with the
TANF employment and work activity requirements listed in this Section, without
good cause, will result in sanction as outlined in Section 112.79.
d) Failing to achieve certain grades or competency levels or
goals in educational, training or work activity shall not constitute failure to
participate in TANF but shall be addressed through a review of the
Responsibility and Services Plan requested by the participant or Department.
e) Refusal of an individual to participate in TANF employment and
work activities shall make the case ineligible if the person is required to be
in the assistance unit. If the individual is not required to be in the
assistance unit, that individual shall be ineligible for cash assistance.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.73 ADOLESCENT PARENT PROGRAM (REPEALED)
Section 112.73 Adolescent
Parent Program (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.74 RESPONSIBILITY AND SERVICES PLAN
Section 112.74
Responsibility and Services Plan
a) Family Assessment to Develop a Responsibility and Services
Plan
1) All individuals shall undergo a Family Assessment to develop a
Responsibility and Services Plan. This provision does not apply to individuals
acting as Representative Payees for child-only cases.
2) The Family Assessment shall include collection of information
on the individual's and family's background, proficiencies, skills
deficiencies, education level, work history, employment goals, interests,
aptitudes and employment preferences, as well as factors affecting
employability or ability to meet participation requirements (for example,
eligibility for exemption, health, physical or mental limitations, child care,
domestic violence, sexual violence, substance abuse, family circumstances and
problems including the need of any child of the individual). As part of the
assessment process, individuals and TANF staff shall work together to identify
any supportive service needs required to enable them to participate in TANF
employment or work activities and meet the objectives of their Responsibility
and Services Plan (see Section 112.82). The Family Assessment may be conducted
through various methods such as interviews, testing, counseling and
self-assessment instruments.
3) The Family Assessment and Responsibility and Services Plan
must:
A) contain an employment goal of the participant and the steps to
achieve it;
B) describe the services to be provided by the agency including
child care and other supportive services;
C) describe the activities such as activity assignment that will
be undertaken by the participant to achieve the employment goal; and
D) describe any other needs of the family such as participation by
a child in drug education or in life skills planning sessions.
4) The Responsibility and Services Plan shall take into account:
A) the participant's supportive service needs;
B) the participant's skills level and aptitudes;
C) local employment opportunities;
D) to the maximum extent possible, the preferences of the
participant;
E) final approval of the plan rests with the DHS staff pursuant to
TANF program requirements; and
F) the participant will sign and receive a copy of the
Responsibility and Services Plan.
b) Occurrence of the Family Assessment and Responsibility and
Services Plan
1) The Family Assessment shall take place before a participant is
assigned to any education, training or work activity on the Responsibility and
Services Plan. Such assignment may not begin until at least 30 days after the
date of application.
2) The participant will be notified, in writing, of the Family
Assessment meeting.
c) During the Family Assessment, the Responsibility and Services
Plan will be completed to determine the individual's and family's level of
preparation for employment and needed services. Upon initial screening, a determination
for job readiness will be based on an individual having a high school
diploma/GED, not requiring substance abuse treatment, and having worked more
than three consecutive months in the last 12 calendar months. This
determination needs to be considered in conjunction with other issues such as
the individual's barriers, the local labor market, and the work place skill of
the client. The preference of the individual will be taken into account in the
development of the Responsibility and Services Plan to the maximum extent
possible and appropriate. As part of the assessment process, individuals and
TANF staff may work together to identify any supportive service needs required
to enable them to participate in employment and work and meet the objectives of
their Responsibility and Services Plan (see Section 112.82). In the assessment
process, the Department shall offer standard literacy testing and a
determination of English language proficiency to determine appropriate work or
training activities. The Department shall provide standard literacy testing
and a determination of English language proficiency for those who accept the
offer. Literacy level is defined as reading at a 9.0 grade level or above. In
the assessment process and development of a Responsibility and Services Plan,
the Department shall take into account the factor of domestic or sexual
violence in determining the work and training activities that are appropriate.
Waivers shall be granted in accordance with Section 112.6 when compliance with
requirements would make it more difficult for an individual to escape domestic
or sexual violence or subject the individual to further risk of domestic or
sexual violence. Based on the completed assessment, the individual's
Responsibility and Services Plan activities will be determined.
d) Review
1) A review will be conducted to assess a participant's progress
and to revise the Responsibility and Services Plan, if needed. The review shall
occur at least at the following times:
A) upon completion of a program or activity and before assignment
to an activity;
B) upon the request of the participant;
C) if the individual is not cooperating with the requirements of
the program;
D) if the individual has failed to make satisfactory progress in
an education or training program;
E) upon completion of an academic term;
F) upon referral from DES, IETC, or other entities;
G) every six months at a minimum; or
H) at any time deemed appropriate under the Plan.
2) The review may be conducted through various methods such as
interviews, testing, counseling and self-assessment instruments.
3) The review will include an evaluation of the participant's
progress towards the employment goal. If progress is lacking, the participant
may be reassigned to a more appropriate activity.
e) If an individual who is required to participate in the program
fails to appear for the scheduled assessment interviews or comply with the
assessment process, without good cause, the case is ineligible.
f) TANF employment and work activity participation shall not be
required in the event that supportive services are needed for effective
participation but are unavailable from the Department or from some reasonably
available source (for example, child care for a child under age 13).
g) Teen parents have their own Responsibility and Services Plan
defining the responsibilities the young parent must meet to receive TANF cash
assistance and what services the Department agrees to provide. The plan
outlines family needs, the required activities and necessary supportive
services. The plan must be signed by both the young parent and the case
manager. The plan sets the following goals for the young parent and describes
how the Department will help the young parent meet these goals:
1) to attend school to complete a high school education;
2) to establish paternity for the young parent's child or
children and obtain child support;
3) to improve the young parent's parenting skills; and
4) to seek and obtain full-time employment when job ready.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.75 TEEN PARENT PERSONAL RESPONSIBILITY PLAN (REPEALED)
Section 112.75 Teen Parent
Personal Responsibility Plan (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.76 TANF ORIENTATION
Section 112.76 TANF
Orientation
At the time of application or at
the time of the first face-to-face contact, all TANF applicants and recipients
will be informed in writing and orally, if appropriate, of the availability of
the TANF employment and work activities and of the supportive services for
which they might be eligible and of the agency and participant
responsibilities. This includes the following:
a) education, employment and training opportunities available;
b) supportive services including child care, transportation, Work
Pays;
c) the obligation of the agency to provide supportive services;
d) the rights and responsibilities of participants under the
Plan, including exemption and good cause criteria and procedures;
e) the types and locations of child care services including the
local Child Care Resource and Referral (CCR&R);
f) the consequences of failing to complete participation
requirements under the Plan;
g) if nonexempt, the fact that the individual is nonexempt and is
required to participate consistent with his or her Responsibility and Services
Plan;
h) the right to appeal any action, request a change in the Plan
or to reschedule an appointment;
i) the Family Assessment and Responsibility and Services Plan;
and
j) general participation requirements (for example, appearing
for scheduled meetings, responding to a job referral, accepting a bona fide
offer of suitable employment (see Section 112.72)).
(Source: Amended at 32 Ill.
Reg. 2767, effective February 7, 2008)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.77 RECONCILIATION AND FAIR HEARINGS
Section 112.77
Reconciliation and Fair Hearings
a) The Department shall establish a reconciliation procedure to
assist in resolving disputes related to any aspect of participation, including
exemptions, good cause, sanctions or proposed sanctions, supportive services,
Responsibility and Services Plan, assignment to activities, suitability of
employment, or refusals of offers of employment. Through the reconciliation
process, the Department will have a mechanism to identify good cause, ensure
that the client is aware of the issue, and enable the client to perform
required activities without facing sanction.
b) A TANF participant may request reconciliation and receive
notice, in writing, of a meeting. Reconciliation must begin within 14 work
days upon request or from the participant's failure to meet TANF employment and
work activity requirements. At least one face-to-face meeting may be scheduled
with TANF staff and the participant to resolve misunderstandings or
disagreements related to program participation and situations which may lead to
a potential sanction. The meeting will include the participant, the TANF worker
and a representative, if desired. The meeting will address the underlying
reason or reasons for the dispute and plan a resolution to enable the
individual to participate in TANF employment and work activity requirements.
Reconciliation may be completed by telephone if both parties agree.
c) The reconciliation process shall continue after it is
determined that the individual did not have good case for non-cooperation. Any
necessary demonstration of cooperation on the part of the participant will be
part of the reconciliation process. Failure to demonstrate cooperation will
result in immediate sanction.
d) During the reconciliation process, the following is completed:
1) a discussion of the nature of the problem or dispute and
potential resolution;
2) an explanation of the individual's rights and
responsibilities;
3) a review of the Responsibility and Services Plan;
4) a discussion of expectations of the participant and TANF;
5) development of a reconciliation agreement and fulfillment of
it following the reconciliation meeting. The requirement(s) of the agreement
cannot be contrary to TANF employment and work activity requirements; and
6) for the first instance of non-cooperation, if the client
reaches agreement to cooperate, the client is allowed 30 days to demonstrate
cooperation before any sanction activity would be imposed. For any subsequent
instances of non-cooperation, the client would be provided with the opportunity
to show good cause or remedy the situation by immediately complying with the
requirement or a sanction will be imposed.
e) TANF staff will document, in the case record, the proceedings
of the reconciliation and provide the client, in writing, with a reconciliation
agreement.
f) If reconciliation resolves the dispute, no sanction will
occur. If the client fails to comply with the reconciliation agreement, the
Department will then immediately impose the original sanction. If the dispute
cannot be resolved during reconciliation, a sanction will not occur until the
reconciliation process is complete. The participant has the right to request
an appeal hearing through the Department's fair hearing process.
(Source: Amended at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.78 TANF EMPLOYMENT AND WORK ACTIVITIES
Section 112.78 TANF
Employment and Work Activities
a) Education Directly Related to Employment
Adult clients
who have not received a high school diploma or GED and need further education
to obtain a specific occupation, job, or job offer are placed in this program.
It consists of Adult Basic Education (ABE), and English-as-a-Second-Language (ESL)
programs. Clients may be required, in coordination with the education
schedule, to participate in Job Readiness activities, job skills training, Job
Search, and/or Work Experience at the same time they are attending the
education/training program to the extent resources will allow.
1) Assignment to Education Directly Related to Employment
A) Individuals to be assigned to Education may include but are not
limited to individuals:
i) who have limited English proficiency; and
ii) who do not read at or above a 9.0 grade level.
B) Educational activities may be combined with other activities if
it is determined appropriate.
2) Approval Criteria for Education Directly Related to Employment
A) The program selected by the individual must be accredited under
State law.
B) The individual's program must be needed for the participant to
complete his or her Responsibility and Services Plan.
C) The individual must be enrolled full-time as defined by the
institution or part-time if a full-time program is not available or
appropriate.
D) When programs of comparable quality are available in more than
one geographical area, the program selected will be the least costly in
supportive service costs to the Department. When programs of comparable
quality are available in the same geographical area, the individual may select
a preferred program.
3) Participation Requirements
A) Participation must be full-time unless a full-time program is
not readily available or a part-time program is most appropriate based on the
individual's or family's circumstances.
B) Clients attending a program administered by the Illinois State
Board of Education (ISBE) must maintain satisfactory progress as determined by
the following:
i) active participation and pursuit of educational objectives;
ii) teacher's written remarks;
iii) grades;
iv) demonstrated competencies;
v) classroom exercises; and
vi) periodic test/retest results.
C) ISBE educational providers determine satisfactory progress
based on a combination of the indicators listed above and test/retest results.
The determination of satisfactory progress including test/retest results must
be reported upon completion of the academic term or twice a year if the program
is continuous for 12 months.
D) Clients attending a program not administered by ISBE must
maintain satisfactory progress as determined by the written policy of the
institution. The determination of satisfactory progress including test/retest
results must be reported upon completion of the academic term or twice a year
if the program is continuous for 12 months.
E) Curriculum changes must be made with the prior approval of TANF
staff and will be approved when the change is consistent with the
Responsibility and Services Plan.
F) Participation in Education Directly Related to Employment is a
secondary activity that can be counted for a maximum of 10 hours per week when
the client is also engaged in work or a countable work or training activity for
20 hours per week.
b) Vocational
Training
Vocational
Training is designed to increase the individual's ability to obtain and
maintain employment. Vocational Training activities will include vocational
skill classes designed to increase a participant's ability to obtain and
maintain employment. Vocational Training may include certificate programs. Participants
who are not working are limited to short-term Vocational Training programs
lasting less than 12 months and may be required, in coordination with the
education/training schedule, to participate in Job Readiness activities, job
skills training, Job Search, and/or Work Experience at the same time they are
attending the education/training program to the extent resources will allow.
1) Approval Criteria For Vocational Training
A) The individual's program must be accredited under requirements
of State law.
B) The individual must be underemployed or unemployed and in need
of additional training and the training will better prepare the participant to
enter the labor force.
C) Co-enrollment in Education Directly Related to Employment and
Vocational Training is encouraged if the individual does not have a high school
diploma or GED.
D) The individual must apply for all available educational
benefits such as the Pell Grant and scholarships from the Illinois Student
Assistance Commission as well as any scholarship or grants identified by the
education or training facility for which the participant may be eligible.
E) The individual must be enrolled full-time as defined by the
institution or part-time if full-time is not available or appropriate.
F) Clients who are working at least 20 hours per week (10 hours
per week if their youngest child is under age six) and whose combined work plus
credit hours or class hours, as appropriate, equal at least 30 hours (20 hours
if their youngest child is under age six) each week may be approved for
vocational training after the 12-month limitation.
G) The individual must be in a program needed for the individual
to obtain employment in a recognized occupation.
H) Jobs must be available in the chosen field in a specific
geographical area where the individual intends to work consistent with the
individual's Responsibility and Services Plan upon completion.
I) When programs of comparable quality are available in more than
one geographical area, the program selected will be the least costly in
supportive service costs to the Department. When programs of comparable
quality are available in the same geographical area, the individual may select
a preferred program.
J) Vocational Training may be combined with other activities if
it is determined appropriate.
K) The individual must possess the aptitude, ability and interest
necessary for success in the selected program as determined by such factors as
test results and educational/training background.
2) Participation Requirements
A) Participation must be full-time unless a full-time program is
not readily available or a part-time program is most appropriate based on the
individual's or family's circumstances.
B) The individual must maintain a "C" average if this
measurement is used by the institution to determine satisfactory progress. The
individual will be allowed one semester below a "C" average to bring
the grades up to a "C" average. When grades are not used, progress
will be determined by the written policy of the institution to establish a
comparable grade level upon completion of the academic term.
C) The individual must participate the assigned number of hours
each week.
D) The client must complete all scheduled program enrollment hours
each academic term to maintain satisfactory progress, except in the following
situation. If the client withdraws from one or more scheduled courses during
an academic term, the client must complete all scheduled enrollment hours
during the following academic term. The client may withdraw from one or more
scheduled classes in more than one academic term, but must complete all
scheduled enrollment hours the following academic term to maintain satisfactory
progress.
E) Curriculum changes must be made with the prior approval of TANF
and will be approved when the change is consistent with the Responsibility and
Services Plan.
c) Education at Secondary School
1) A minor parent age 19 or under who has not completed secondary
school or received his or her GED is placed in this program. Regular
attendance at a secondary school or in a course of study leading to a GED is
required. The client must make satisfactory progress as defined by a passing
grade. Grades must be reported upon completion of the academic term or twice a
year if the program is continuous for 12 months. If it is determined that
secondary school is inappropriate or not the best option for an 18 or 19 year
old parent, the 18 or 19 year old parent may be assigned to work activities or
training.
2) Adult Client
The Department
shall approve participation in high school or a high school equivalency program
upon written or oral request of the adult client if he or she has not already
earned a high school diploma or a high school equivalency certificate.
However, participation may be delayed as part of an applicant's or recipient's
personal plan for achieving employment and self-sufficiency if it is determined
that the benefit from participating in another activity would be greater to the
client than participation in high school or a high school equivalency program.
The availability of high school or high school equivalency programs may also
delay enrollment in these programs. The Department shall treat these activities
as a core activity as long as satisfactory progress is made, as determined by
the high school or high school equivalency program. (See subsections (a)(3)(B)
through (E) for criteria to determine satisfactory progress.) Proof of
satisfactory progress shall be provided by the client or the school at the end
of each academic term. The Department shall treat participation in high school
or a high school equivalency program as a core activity and shall count
participation in high school or a high school equivalency program toward the
first 20 hours per week of participation.
d) Job
Skills Training Directly Related to Employment
1) Description of Job Skills Training
Job skills
training directly related to employment is training and education for job
skills required by an employer to provide an individual with the ability to
obtain employment or to advance or adapt to the changing demands of the
workplace. This can include literacy instruction or language instruction when the
instruction is explicitly focused on skills needed for employment.
2) Assignment to Job Skills Training
A client may be assigned to Job Skills Training when:
A) The client is working or in another countable work or training
core activity at least 20 hours per week.
B) The client needs additional training to qualify for or to
retain employment in a recognized occupation that will make the family
self-supporting.
C) The client has a GED or high school diploma, if it is required
for training or employment in the chosen field.
D) The client has the ability and interest needed for success in
the training. This is determined by test results, educational/training
background, and talking to the client.
E) Jobs are available in the chosen field in which the client
intends to work.
e) Job Readiness
1) The Job Readiness activities are designed to enhance the
quality of the individual's level of participation in the world of work while
learning the necessary essentials to obtain and maintain employment. These
activities help individuals gain the necessary job finding skills to help them
find and retain employment that will lead to economic independence.
2) Assignment to Job Readiness
Job Readiness
activities may be combined with other activities if it is determined appropriate.
3) Participation requirements
A) Participation must be full-time unless a full-time program is
not readily available or a part-time program is most appropriate based on the
individual's or family's circumstances.
B) The individual must attend all scheduled classes or sessions.
The individual must be making satisfactory progress as defined by the written
policy of the job readiness provider and approved by the Department.
C) The individual must participate the number of assigned hours
each week.
D) The individual must respond to a job referral, accept
employment and respond to mail-in contact.
f) Job Search
1) Description of Job Search
Job Search may
be conducted individually or in groups. Job Search may include the provision
of counseling, job seeking skills, training and information dissemination.
Group Job Search may include training in a group session.
2) Assignment to Job Search
A) If assessed as job ready, participants will be assigned to Job
Search. If job ready clients are unable to find employment on their own, they
will be reassessed and may be placed in a more appropriate activity within six
months.
B) Individuals completing education or vocational training or Job
Readiness training may be assigned to Job Search.
C) Job Search may be combined with other activities if it is
determined appropriate.
3) Participation Requirements
A) Participants must attend all scheduled classes or sessions.
Participants will be notified in writing of all meetings.
B) Individuals must contact employers in an effort to secure
employment.
C) Acceptable employer contacts may include but are not limited
to:
i) a face-to-face contact with an employer or the employer's
representative;
ii) the completion and return of an application to an employer,
including an online application;
iii) the completion of a civil service test required for
employment with State, local, or the federal government or the completion of a
Department of Employment Security (DES) screening test;
iv) the completion and mailing of a resume with a cover letter to
a recognized employer;
v) reporting to the union hall for union members verified to be
in good standing; or
vi) registration with DES/Illinois Employment and Training Center
(IETC).
g) Community Work Experience
TANF
participants who have not found employment and who need orientation to work,
work experience or training are placed on a supervised work assignment to
improve their employment skills through actual Work Experience at private or
not-for-profit employers, organizations and governmental agencies.
Participants are referred to work assignments as vacancies are available. Participants
in Work Experience may perform work in the public interest (which otherwise
meets the requirements of this Section) such as enrollment as a full-time AmeriCorps
VISTA volunteer or Job Corps participant under Title I of the 1973 Domestic
Volunteer Services Act (42 USC 4951 et seq.) for a Federal office or agency
with its consent, and, notwithstanding 31 USC 1342 or any other provision of
law, such agency may accept such services but such participants shall not be
considered to be federal employees for any purpose.
1) Assignment to Community Work Experience
A) Community Work Experience is for:
i) participants who will benefit from working for an employer
who provides a subsidized employment assignment to improve the individual's
opportunity to attain self-sufficiency; or
ii) participants who need experience to prevent deterioration of,
or to enhance, existing skills (for example, typing).
B) Entry into Community Work Experience
Participants
are determined to be appropriate for Community Work Experience activity based
on an assessment of their education, training and employment history.
Procedures used in the assessment are a face-to-face meeting with the participant
and a review of all available information on the participant (including, but
not limited to, the individual's case record and Responsibility and Services
Plan).
C) Community Work Experience Positions
Participants
shall be assigned to a Community Work Experience position to increase the
potential for attaining employment. The date participants are scheduled to
begin the work assignment marks the beginning of participation in Community
Work Experience. Community Work Experience activities may be combined with
other activities if it is determined appropriate.
D) Enrollment as a full-time Americorps VISTA volunteer or Job
Corps participant under Title I of the 1973 Domestic Volunteer Services Act (42
USC 4951 et seq.) is an allowable work activity. Paid work study and some paid
Workforce Investment Act (WIA) programs are also allowable.
2) Participation Requirements
A) The hours of the work assignment for a calendar month shall not
exceed the family's monthly TANF grant and food stamp allotment divided by the
higher of the State or federal minimum wage. When this calculation results in less
than 20 hours, the 20 hour TANF work requirement will be deemed met when the
individual is working the maximum number of hours permitted under this
calculation.
B) During work assignment, participants shall be required to
perform Job Search activities unless a participant is in an education and
training program. Participants are required to accept bona fide offers of
employment pursuant to Section 112.72.
C) Participants are also required to report as scheduled and on
time to their Work Assignment Sponsor when notified of an assignment. When
they cannot report to their work assignment or if they will be late, they are
to immediately notify their Work Assignment Sponsor.
D) Participants must participate the number of assigned hours each
week.
3) Review
Every six
months, the participant's Responsibility and Services Plan will be reviewed.
If continuing the work assignment will benefit participants in terms of
furthering work skills (see subsections (g)(1)(A) and (B)), participants shall
be reassigned to the same or another work assignment. In addition,
participants will be assessed for assignment to another TANF activity.
4) Length of Assignment
Participants
must participate in Work Experience for as long as the Responsibility and
Services Plan reflects the need for this activity.
5) Anti-Displacement
Community Work
Experience is subject to the provisions of Section 112.78(q).
h) On the Job Training (OJT)
In OJT, a
participant is hired by a private or public employer and while engaged in
productive work receives training that provides knowledge or skills essential
to full and adequate performance of the job.
1) Assignment to OJT
A) Job ready individuals may be assigned to OJT.
B) OJT participants shall be compensated at the same rate and with
the same benefits as other employees.
C) Wages to participants in OJT shall not be less than the higher
of the State or federal minimum wage.
D) Wages to participants in OJT are considered earned income.
E) OJT may be combined with other component activities if it is
determined appropriate.
2) Participation Requirements
The individual
must participate the assigned number of hours each week.
3) Supportive Services
Participants
in OJT receive child care and Medicaid benefits.
i) Work Supplementation Program
1) The Work Supplementation Program develops employment
opportunities for TANF recipients by paying wage subsidies to employers who
hire program participants. The program is funded by diverting the cash grant
an individual would receive if not employed and using the diverted grant to pay
a wage subsidy to the employer who hires the recipient. The goal of the Work
Supplementation Program is to obtain jobs for TANF recipients, who might not be
hired without a subsidy, with sufficient pay to take them off TANF.
2) Eligible Participants
A) TANF participants who meet the selection criteria listed in
subsection (i)(2)(B) are eligible to participate in the Work Supplementation
Program. Participation in the program is voluntary. A TANF recipient who
wants to participate in the Work Supplementation Program must agree to all
provisions in this Section during the time of participation in the program.
B) In order to place special emphasis on people who would not be
likely to obtain a job without work supplementation, TANF recipients must meet
the following criteria for selection to participate in the Work Supplementation
Program:
i) the recipient must be the parent of at least one of the
children in the TANF unit;
ii) the recipient must have completed the Job Search work
activity; and
iii) the recipient must have no income other than TANF benefits.
C) Recipients identified for employment must be determined
eligible for participation by their worker. The worker will recommend for
participation in the Work Supplementation Program those participants who are
likely to encounter difficulty in obtaining employment (for example, lack of
skills for which jobs are available in the area, lack of work history).
D) Nothing in this Section should be construed as providing any
recipient the right to participate in the program.
3) Benefits and Reporting Requirements While Participating in the
Work Supplementation Program
A) Participants in the Work Supplementation Program are considered
to be TANF recipients and remain eligible for Medical Assistance for the
duration of their Work Supplementation Program participation. Child care, for
cases that are eligible for a cash grant, will be regarded as employment child
care.
B) The participant must agree to accept wages from employment,
which will be at least an amount which would be earned by working full time (30
hours minimum) at the prevailing minimum wage, less applicable payroll taxes.
C) Participants are required to file reports every six months as a
requirement for continuing eligibility.
D) Wages paid under a Work Supplementation Program shall be
considered to be earned income for purposes of any provision of law (42 USC
1614(e)(3)).
4) Duration of Program Participation
A) Participants may not exceed a total of six months in the Work
Supplementation Program subsidized placements regardless of the number of times
an individual becomes a TANF recipient. The period of a single assignment is
dependent upon the terms of the Work Supplementation Program contract that has
been developed with the employer. Recipients will be informed of the length of
the Work Supplementation Program subsidy period prior to placement.
B) Participants who leave a supported work position without good
cause (as defined in Section 112.80) are removed from the Work Supplementation
Program and are subject to sanction.
5) Contracts with Employers
A) Employers that participate in the Work Supplementation Program
must enter into a written contract with the Department prior to receiving
referrals.
B) Employers must be in good standing (that is, in compliance with
all applicable federal, State, county and local laws, regulations and
ordinances) with the Illinois Department of Revenue, the Secretary of State and
any and all regulatory agencies that have jurisdiction over their activities.
C) Employers agree to screen clients to hire on their own payroll
after six months. Failure to do so will result in the employer being
terminated from the program.
6) Calculation of the Diverted Grants
A) The level of grant to be diverted is determined on a
prospective basis when a work assignment under the Work Supplementation Program
is made. The effective date of the diverted grant is the first day of the
first full month of Work Supplementation Program wages.
B) Work Supplementation Program participants are eligible only for
the earned income budgeting disregards provided in Sections 112.141 and
112.143. The difference between the flat grant amount and revised amount is
diverted to the wage pool.
C) The difference between the payment level and the grant the
participant receives is diverted and used in whole or in part to pay a wage
subsidy to the employer.
7) Program Completion
If the
participant is no longer eligible for TANF benefits after the Work
Supplementation Program period, a determination of continued medical
eligibility shall be made in accordance with Section 112.330.
8) Anti-Displacement
The Work
Supplementation Program is subject to the provisions of Section 112.78(q).
j) Bachelor Degree Program
A Bachelor
Degree Program must be administered by an educational institution accredited
under requirements of State law including, but not limited to, the Barber,
Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 [225
ILCS 410], the Real Estate License Act of 2000 [225 ILCS 454], the Public
Community College Act [110 ILCS 805], the University of Illinois Act [110 ILCS
305], the Chicago State Universities Law [110 ILCS 660], the Eastern Illinois
University Law [110 ILCS 665], the Governors State University Law [110 ILCS
670], the Illinois State University Law [110 ILCS 675], the Northeastern
Illinois University Law [110 ILCS 680], the Northern Illinois University Law
[110 ILCS 685], the Western Illinois University Law [110 ILCS 690] and the
Southern Illinois University Management Act [110 ILCS 520].
1) Approval Criteria For a Bachelor Degree Program
A) The individual must have a high school diploma or a GED.
B) Approval of a Bachelor Degree program is part of the process of
developing the Responsibility and Services Plan (RSP) with the client. Factors
to consider when determining whether a Bachelor Degree program is appropriate
include, but are not limited to, the client's educational and work history, the
client's aptitude for further education, the client's career goal, the client's
ability to finance tuition and other expenses not provided by the Department,
and the client's ability to arrange transportation, child care and other family
obligations.
C) The individual must be enrolled full-time as defined by the
institution or part-time if a full-time program is not available or appropriate
to upgrade skills for current employment.
D) The individual must be in a program needed for the individual
to obtain employment in a recognized occupation or upgrade skills for current
employment.
E) The individual does not already possess a baccalaureate degree
or an associate degree if the Responsibility and Services Plan goal is an
associate degree.
F) If the participant possesses a baccalaureate degree, no
additional education may be approved.
G) The individual's program must be accredited under requirements
of State law.
H) If needed, the individual must apply for all available
educational benefits, such as the Pell Grant and scholarships from the Illinois
Student Assistance Commission, as well as any scholarship or grants identified
by the education or training facility for which the participant may be
eligible.
I) Jobs, consistent with the individual's Responsibility and
Services Plan, must be available in the chosen field in a specific geographical
area where the individual intends to work upon program completion.
J) When programs of comparable quality are available in more than
one geographical area, the program selected will be the least costly in
supportive service costs to the Department. When programs of comparable
quality are available in the same geographical area, the individual may select
a preferred program.
K) The program selected may be no more than a program that will
result in the receipt of a baccalaureate degree consistent with the
Responsibility and Services Plan.
L) For
category 04 (one parent) cases, the individual, unless exempted under subsection
(i)(1)(N) of this Section, must also be employed in unsubsidized work for at
least 20 hours each week or be participating for at least 20 hours per week in
one or more of the paid or unpaid work activities listed in this subsection (j)(1)(L).
In addition, the combined work or work activities plus credit hours or class
hours, as appropriate, must equal at least 30 hours per week.
i) Work study;
ii) Practicums, clinicals, or vocational internships such as
student teaching, if required by the institution to complete the educational
program;
iii) Apprenticeships;
iv) Self-employment; or
v) Enrollment as a full-time Americorps VISTA volunteer or Job
Corps participant under Title I of the 1973 Domestic Volunteer Services Act (41
USC 4951 et seq.).
M) For category 06 (two parent) cases, the parents in the case must
be working or involved in approved work activities for a total of 35 hours per
week, individually or combined.
N) Clients in a category 04 case with an approved RSP for
full-time Bachelor Degree program and a cumulative 2.5 or better grade point
average (on a 4.0 scale) may not be subject to the minimum work requirement,
described in subsection (i)(1)(L), as follows:
i) For the first semester, while the client is establishing a
grade point average, the client will not be subject to the minimum work
requirement. If a 2.5 grade point average is not achieved in the first
semester, the client will be subject to the minimum work requirement in the
second semester.
ii) As long as the client's cumulative GPA remains at least 2.5,
the client will not be subject to the minimum work requirement.
iii) If the client's cumulative GPA falls below 2.5 at any time,
the client may continue to go to school full-time for another semester without
being subject to the minimum work requirement.
iv) If the cumulative GPA is below 2.5 two semesters in a row, the
client will be subject to the minimum work requirement.
O) Individuals who lose employment, unless due to a temporary
scheduled employer shutdown, can continue in a Bachelor Degree program and
receive supportive services, if eligible, during the current semester while
they seek employment. If the individual has not reentered employment by the
end of the current semester, the individual will not continue in post-secondary
education and receive supportive services, but will be reassigned to another
appropriate activity.
2) Participation Requirements
A) The individual must maintain a "C" average if this
measurement is used by the institution to determine satisfactory progress. The
individual would be allowed one semester below a "C" average to bring
the grades up to a "C" average. When grades are not used,
satisfactory progress will be determined by the written policy of the
institution to establish a comparable grade level upon completion of the
academic term.
B) The client must complete all scheduled program enrollment hours
each academic term to maintain satisfactory progress, except in the following
situation. If the client withdraws from one or more scheduled courses during
an academic term, the client must complete all scheduled enrollment hours
during the following academic term. The client may withdraw from one or more
scheduled classes in more than one academic term but must complete all
scheduled enrollment hours the following academic term to maintain satisfactory
progress.
C) Curriculum changes must be made with the approval of the TANF
worker and will be approved when the change is consistent with the
Responsibility and Services Plan.
k) Job Development and Placement (JDP)
1) TANF staff shall develop through contacts with public and
private employers unsubsidized job openings for participants. Job interviews
will be secured for clients by the marketing of participants for specific job
openings.
2) Assignment to JDP
Job ready
individuals may be assigned to JDP.
l) Job Retention
Job Retention
is designed to assist participants in retaining employment. Job Retention
expenses are provided. The individual's supportive service needs are assessed
and the individual receives counseling regarding Job Retention skills. Counseling
or job coaching may continue after employment begins as long as the individual
continues to receive TANF.
m) Community Service
Community Service is a structured
program of activities in which the client performs work for the direct benefit
of the community. Community Service programs serve a useful community purpose in
fields such as health, social service, environmental protection, education,
urban and rural redevelopment, welfare, recreation, public facilities, public
safety, and childcare. Community service can occur at locations such as
libraries, area schools, soup kitchens, food pantries, senior citizen centers,
nursing homes, hospitals, social service agencies and homeless shelters.
1) Community
Service Positions
Clients shall
be assigned to a Community Service position to increase the potential for
attaining employment. Each Community Service position will have a position
description that describes the duties and the expectations of clients assigned
to Community Service. The date a client is scheduled to begin the Community
Service assignment marks the beginning of participation in Community Service.
Community Service activities may be combined with other activities if it is
determined appropriate.
2) Participation Requirements
A) The hours of the Community Service assignment for a calendar
month shall not exceed the family's monthly TANF grant and food stamp allotment
divided by the higher of the State or federal minimum wage. When this
calculation provides less than 20 hours, the 20 hours will be deemed met when
the individual is participating in the maximum number of hours permitted under
the minimum wage provision.
B) During Community Service assignment, participants shall be
required to perform Job Search activities unless a participant is in an
education and training program or is not job ready. Participants are required
to accept bona fide offers of employment pursuant to Section 112.72.
C) Participants are also required to report as scheduled and on
time to their Community Service sponsor when notified of an assignment. When
they cannot report to their work assignment or if they will be late, they are
to immediately notify their Work Assignment Sponsor.
D) Participants must participate in the number of assigned hours
each week.
3) Review
At the reassessment the participant is assigned to the more structured Work
Experience activity when the participant becomes more job ready.
n) Substance Abuse
1) Selection of Participants
If alcohol or
substance abuse is suspected as a barrier to employment during the family
assessment process or at an intake interview, the client will be referred for a
clinical assessment by an alcohol/substance abuse counselor. If treatment is
indicated, the client will be required to follow-up as a condition of
eligibility, unless the client is employed more than 30 hours per week or if
treatment resources are not available.
2) Barrier Reduction Activity
Clients
participating in alcohol/substance abuse treatment in accordance with their
Responsibility and Services Plan are participating in a barrier reduction
activity.
3) Supportive Services
Supportive
services, i.e., child care and transportation, will be provided to enable
clients' participation in treatment, to the extent resources are available.
4) Sanctions
A) Reconciliation will be attempted with clients who fail to
cooperate with their treatment plan. Cooperation with the treatment plan will
be defined by the alcohol/substance abuse provider, based on uniform
guidelines.
B) When reconciliation is unsuccessful, the TANF sanctions will
apply.
o) Domestic or Sexual Violence
1) Selection of Participants
All clients
receiving TANF will have a family assessment completed. If domestic or sexual violence
is a barrier to employment, the client will be referred to a domestic or sexual
violence service provider.
2) Barrier Reduction Activity
Clients
participating in domestic violence abuse treatment in accordance with their
Responsibility and Services Plan are participating in a barrier reduction
activity.
3) Supportive Services
Supportive
Services, i.e., child care and transportation, will be provided to enable
clients' participation in treatment, to the extent resources are available.
4) Sanctions
If the
individual does not comply with the Responsibility and Services Plan relating
to domestic or sexual violence, a sanction will not be imposed. The Responsibility
and Services Plan will be reviewed, and other work related activities will be
developed. Compliance will be required for the new activities.
p) Anti-Displacement and Grievance Procedure
1) An employer may not utilize a work activity participant if
such utilization would result in:
A) the displacement or partial displacement of current employees,
including but not limited to a reduction in hours of non-overtime or overtime
work, wages, or employment benefits; or
B) the filling of a position that would otherwise be a promotional
opportunity for current employees; or
C) the filling of a position created by or causing termination,
layoff, a hiring freeze, or a reduction in the workforce; or
D) the placement of a participant in any established unfilled
vacancy; or
E) the performance of work by a participant if there is a strike,
lockout, or other labor dispute in which the employer is engaged.
2) An employer who wishes to utilize work activity participants
shall notify the appropriate labor organization in accordance with Section
9A-13 of the Public Aid Code.
3) Participants, other employees at the work site or their
representative, may file a grievance with the Department if they believe the
participant's work assignments are causing displacement. In order for the
Department to consider a grievance, it must be in writing and contain the
following information:
A) the name and address of the participant or other employee at
the work site (the grievant);
B) the participant's case number (if grievant is participant);
C) the grievant's Social Security number;
D) Work Experience (work site); and
E) a statement as to why the grievant believes the participant is
causing displacement.
4) Within ten days after receipt of a written grievance, the
Department shall arrange an in-person conference with:
A) the grievant;
B) the grievant's representative, if any;
C) the Work Experience Sponsor;
D) the Work Experience Sponsor's representative, if any; and
E) the Department's representative.
5) At the in-person conference, the Department shall solicit and
receive from the grievant and the Work Experience Sponsor any documents and
statements relevant to the matters alleged in the grievance. The Work
Experience Sponsor shall provide whatever documents or other information is
requested by the grievant and/or the Department.
6) Within 15 days after the in-person conference, the Department
shall advise the participant or other employee at the work site and the Work
Experience Sponsor in writing of the information obtained in the investigation
and of the findings and conclusions as to the matters alleged in the grievance.
7) If the Department concludes that displacement occurred (as
described in subsection (q)(1)), the Department shall terminate the
participant's assignment to that Work Experience Sponsor. If the Department
concludes, as a result of the evidence presented at the conference, that the
Work Experience Sponsor has caused displacement by use of TANF participants in
addition to the participants involved in the grievance, the Department shall
terminate those TANF participants' assignment to that Work Experience Sponsor.
8) The Department, its employees or the Work Experience Sponsor
shall not retaliate for filing a grievance or otherwise proceeding under this
policy. Retaliation will result in the termination of the Work Experience Sponsor
contract.
(Source: Amended at 46 Ill.
Reg. 5281, effective March 9, 2022)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.79 SANCTIONS
Section 112.79 Sanctions
a) Sanctions may be imposed against those nonexempt participants
who fail to participate without good cause. Exempt individuals who volunteer
to participate are not subject to sanctions. Sanctions shall be based on
instances of non-cooperation that occur on or after July 1, 1997. Participants
who are sanctioned shall have their cash assistance payment reduced by 30
percent of the TANF grant amount designated to the adult member or members of
the assistance unit. The full TANF grant amount is to be restored when an
adult member or members are determined to be in compliance with program
requirements.
b) Sanction Reasons
Sanctioning of
a participant will result from one instance of any of the following without
good cause unless reconciliation is successful:
1) failure to respond to a job referral;
2) failure to accept a bona fide offer of suitable employment
(see Section 112.72(a)(3) and (4));
3) discontinuing part-time employment;
4) reducing employment;
5) failure to participate in the activity;
6) failure to respond to a written notice for a meeting. For the
purpose of determining attendance at meetings, if participant arrives anytime
within 30 minutes after the start of the scheduled meeting, the participant
will be considered present and will be seen. If the participant has good cause
(see Section 112.80) for being more than 30 minutes late the tardiness will be
excused. The worker will include the participant in a scheduled group or other
meeting or re-schedule the participant for another meeting;
7) failure to make the required number of acceptable employer
contacts every 30 days when employer contact activity is required;
8) failure to accept transportation, family counseling, or other
social service or employment and training services such as testing or
employment counseling, thereby precluding or interrupting participation in work
or training activities; or
9) failure to provide verification of education/training
activities, employability status, etc.
c) No sanction will be imposed until staff has sent the
participant a written notice scheduling a good cause
determination/reconciliation meeting to determine whether the participant had
good cause for his or her failure to comply with requirements and the
participant has either failed to attend the meeting or failed to show good
cause. If the participant failed to show good cause, the reconciliation
process will continue (see Section 112.77) to enable resolving disputes related
to participation. The written notice shall explain the purpose of the
appointment and the consequences for failure to attend or failure to show good
cause. Failure of the participant to appear for the scheduled meeting is not
considered an instance of noncooperation.
d) A sanction against participants may be rescinded at any level
of the sanction process up through and until the final agency decision,
including any appeal hearing, if the participant establishes good cause (see
Section 112.80 for good cause criteria).
e) The notice of change form issued for a sanction shall include
the following:
1) a description of the acts of noncooperation, including dates when
applicable; and
2) a statement that the participant's acts were without good
cause (see Section 112.80 for good cause criteria).
f) A sanction under this Section shall not affect receipt of medical
assistance. Likewise, a sanction for child support enforcement, or the school
attendance initiative does not affect any instances of non-cooperation under
this Section.
g) Individuals who are sanctioned will be contacted at least one
time per month to attempt to re-engage the client back into the program.
Supportive services (see Section 112.82) will be paid while in sanction status
if the individual is participating. If the family is also sanctioned for
failure to cooperate with child support enforcement or school attendance
initiative requirements, the sanctions are served simultaneously.
h) A person must cooperate to end the sanction. When the person
cooperates, benefits are restored as of the date of cooperation and a prorated
grant amount will be issued for the remainder of that calendar month. The full
grant amount will be restored on the first day of the month following a
determination that the adult member or members of the assistance unit are in
compliance with program requirements and are otherwise eligible for assistance.
(Source: Amended at 44 Ill.
Reg. 14692, effective August 26, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.80 GOOD CAUSE FOR FAILURE TO COMPLY WITH TANF PARTICIPATION REQUIREMENTS
Section 112.80 Good Cause
for Failure to Comply with TANF Participation Requirements
a) If a participant has good cause for not complying with a TANF
participation requirement, financial assistance shall not be discontinued.
Examples of good cause for failure to comply include, but are not limited to:
1) temporary illness for its duration;
2) court required appearance or temporary incarceration;
3) death in the family;
4) extreme inclement weather;
5) lack of any supportive service (see Section 112.82), even
though the necessary service is not specifically provided under TANF, to the
extent the lack of the needed service presents a significant barrier to TANF
participation;
6) The individual is engaged in employment and/or training that
is consistent with the employment related goals of the program, and that
employment and training is later approved by TANF staff (e.g., a participant is
unable to attend an orientation session because she is already attending GED
classes);
7) failure of Department staff or contractor to correctly forward
the information to TANF staff;
8) attendance at a test or a mandatory class or function at an
educational program (including college), when an education/training program is
officially approved by TANF. When TANF workers know in advance of the tests and
mandatory classes or functions, they shall schedule TANF activities around them
if possible;
9) the participant's illiteracy;
10) a determination is made that the participant should be in a
different TANF activity;
11) non-receipt by the participant of a notice advising him or
her of a participation requirement. If the non-receipt of mail occurs
frequently, the Department shall explore an alternative means of providing
notices of participation requests to participants;
12) non-comprehension of written and/or oral English;
13) child care (or day care for an incapacitated individual
living in the same home as a child) is necessary for the participation or
employment and that care is not available for a child under age 13;
14) the participant verifies a scheduled job interview, medical
appointment for the participant or a household member, or a school appointment
for the participant or his or her children;
15) the individual or family is experiencing homelessness. An
individual or family is experiencing homelessness if the individual or family:
A) lacks a fixed, regular, and adequate nighttime residence, or
shares the housing of other persons due to the loss of housing, economic
hardship, or a similar reason;
B) is living in a motel, hotel, camping ground or other temporary
accommodation due to the lack of alternative accommodations;
C) is living in an emergency or transitional shelter;
D) resides in a primary nighttime residence that is a public or
private place not designed for or ordinarily used as a regular sleeping accommodation
for human beings (e.g., residing in a car, park, abandoned building,
substandard housing, bus, train station, or similar settings);
16) documented circumstances beyond the control of the
participant which prevent the participant from completing program requirements;
17) violations of workplace rights due TANF recipients as
determined by the U.S. Department of Labor;
18) receipt of an eviction notice;
19) discontinued utilities; or
20) the individual exits a publicly-funded institution or system
of care (such as a healthcare facility, a mental health facility, foster care
or other youth facility, or a correction program or institution) without an
option to move to a fixed, adequate nighttime residence.
b) The TANF worker may require a participant to document good
cause for noncooperation with TANF requirements.
c) No participant shall be denied good cause solely on the basis
that he or she failed to notify the Department in advance of a participation
requirement. Nevertheless, failure to notify is material and is an important
factor if the participant could have notified the Department.
(Source: Amended at 44 Ill.
Reg. 14692, effective August 26, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.81 RESPONSIBLE RELATIVE ELIGIBILITY FOR JOBS (REPEALED)
Section 112.81 Responsible
Relative Eligibility for JOBS (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.82 SUPPORTIVE SERVICES
Section 112.82 Supportive
Services
a) TANF participants who work or who are involved in approved
activities are eligible to receive supportive service payments to enable them
to work or participate in an approved activity to the extent State resources
permit and must receive supportive services if required to participate. Work
is defined as employment in a job or self-employment. An approved activity is
defined as an activity that leads toward self-sufficiency and is included in
the client's Responsibility and Services Plan. The Department is not required
to provide supportive services unless the Department requires the individual to
work or participate in an approved activity.
b) During the Family Assessment, the supportive services needed
by the participant which must be discussed and provided or arranged as needed
include at least the following:
1) transportation;
2) child care;
3) job search and work activity allowances;
4) employment/job retention expenses;
5) required books, fees, supplies;
6) required physical examinations and medical services (for
example, TB test);
7) eyeglasses and dental procedures; and
8) required background checks.
c) These allowances are exempt from consideration in determining
the TANF grant amount.
d) Participation in work or in approved activities shall not be
required if supportive services are needed for effective participation but
unavailable from the Department or some other reasonably available source.
Individuals may be required to make a co-payment for child care.
e) Student financial assistance received under Title IV of the
Higher Education Act (20 USC 1070 et seq. and 20 USC 1087uu), including but not
limited to Federal Pell Grants, Supplemental Educational Opportunity Grants,
Byrd Scholarship Honors Program Grants, State Student Incentive Grants, Federal
Stafford Loans, Supplemental Loans for Students, Perkins Loans, Federal Work-Study
and PLUS Loans, shall be exempt when determining eligibility or need for
supportive services under the TANF program (Sections 112.70 through 112.83), or
the amount of such supportive services, except as follows. The Department
shall not issue payment for the amount of supportive service needs (other than
child care) which the Department is able to conclusively determine have been or
will be met from such portion of a student's financial assistance grant as is
not disbursed to the student but rather is retained by the educational
institution and applied to the cost of a specific educational expense otherwise
payable as a supportive service under the TANF program. The exception shall
not apply to the student's loan proceeds, which may never be taken into account
in determining the need or eligibility of any student for supportive services,
or the amount of such supportive services, under the TANF program. Nor shall the
exception apply if the educational institution intermingles student grant and
loan proceeds and the Department is unable to conclusively determine the
portion of solely grant proceeds that is not disbursed to the student but
rather is retained by the educational institution and applied to the cost of a
specific educational expense otherwise payable as a supportive service under
the TANF program.
f) Eligible Services
1) Transportation
A) If requested and required (for example, a participant who does
not have an automobile), expenses for transportation shall be provided to
enable participants to attend approved activities and appointments and to begin
or keep employment.
B) Transportation expenses are to be paid to permit participation
in approved activities or to begin or keep employment including travel
necessary to locate appropriate child care.
C) Transportation expenses are to be paid to permit the
participant to take a State certification examination.
D) Payment for lodging is permitted with Department approval to
allow the participant to take a State certification examination. The
Department's determination is based on the participant's geographical location,
time required for travel, and means of available transportation from the
examination site.
E) Payment for transportation is only made for expenses that, with
other educational expenses, exceed the amount of the financial aid benefits.
F) A transportation allowance is provided for participants in
approved program activities (for example, job clubs and Job Readiness
sessions).
i) Public Transportation
Pay the actual public transportation rate per day or the cost
of a monthly pass, whichever is less. This applies to the City of Chicago and
communities statewide where public transportation is available.
ii) Private Transportation
Pay the following monthly rates if the participant must use a
privately owned vehicle or pay someone for transportation: $30 – Round trip
transportation less than 10 miles per day; $45 – Round trip transportation from
10 to 20 miles per day; and $60 – Round trip transportation over 20 miles per
day.
2) Child Care
A) If requested and required (for example, when school is not in
session), expenses for child care services shall be provided to enable
participants to attend approved activities and related appointments.
B) Child care expenses may be paid to enable participants to start
or maintain employment.
C) The Department shall allow payment of an amount not to exceed
the maximum rates per child as established by the Department.
3) Job Search and Work Activity Allowances
A) An allowance of $20 a month is to be paid to individuals
participating in the Job Search Activity to assist in the payment of Job
Search-related expenses or to individuals to assist in the payment of Job
Search-related expenses if Job Search activities are part of another TANF
activity.
B) An allowance of $20 a month is to be paid to individuals to
assist in the payment of work expenses related to participation in community
service, work experience, or the Work First Activity.
4) Mandatory Fees
Mandatory fees, including application, registration,
activities, laboratory, graduation and testing fees, are provided to
participants enrolled in approved education or training programs (see Section
112.78) when the mandatory fees are not covered by financial aid benefits. A
maximum payment of $300 per 12 month period shall be provided. No payments are
allowed for tuition.
5) Books and Supplies
Payment is allowed for books, supplies and equipment
purchased in accordance with the educational or training facility's published
list of required items for the particular program in which a participant is
enrolled. A maximum payment of $300 per 12 month period can be provided for
expenses not covered by financial aid benefits.
6) Required Physical Examinations and Medical Services
Payment is permitted for participants to obtain required
physical examinations and medical services (for example, TB test) if the costs
are not otherwise provided by sources such as the employer or the training
program.
7) Payment is permitted for:
A) special clothing, e.g., uniforms, hard hats, outsize clothing,
etc. (maximum $600 in any 12-month period);
B) required tools which are not provided by the employer (maximum
$600 in any 12-month period);
C) repairs on an automobile (maximum $900 in any 12-month
period). The following requirements are to be met before a request for payment
for repair of an automobile is approved: The client has no other available and
suitable form of transportation to and from work or the approved activity. The
client is unable to report to work or the approved activity unless the
automobile is repaired. The client has a valid driver's license and has
provided evidence of insurability. The automobile, when repaired, will be
suitable for the purpose intended and no other obvious mechanical deficiency
has been observed. The title and license of the automobile must be in the name
of the client (or the client's spouse if the spouse lives in the home);
D) auto license plate fees;
E) auto liability insurance at the cheapest rate but not to exceed
$225 for three months coverage, whichever is less costly (can be issued three
times in any 12-month period);
F) other required items related to a specific job or approved
activity (maximum $900 in any 12-month period);
G) items or services purchased that will assist the individual in
meeting Illinois Department of Children and Family Services' child care
licensing requirements (maximum $900 in any 12-month period). Items and
services may include but are not limited to the purchase of fire extinguishers,
smoke alarms, first aid kits and installation of a telephone;
H) security deposit for the driver of a carpool vehicle to
transport a group of workers to a worksite; and
I) expenses appropriate for the self-employment of the individual
or expenses for other micro enterprise start ups likely to generate income.
8) Eyeglasses and Dental Procedures
Payment is allowed with Department approval for eyeglasses
and dental procedures such as partial plates for participants with noticeably
missing/malformed teeth or other dental procedures needed to meet the
objectives of the participant's Responsibility and Services Plan and alleviate
barriers to employment.
9) Background Checks
Payment of fees for conviction background investigations is
allowed when employers require a background check of their regular employees
for the same type of job or work experience that is completed by the TANF
participant. Criminal history record conviction information is obtainable by
the public pursuant to the Uniform Conviction Information Act [20 ILCS 2635]
and the Health Care Worker Background Check Act [225 ILCS 46].
10) Payment shall not be authorized to purchase firearms, pay
bail bonds or traffic tickets.
11) Ancillary Supportive Services
A) In addition to supportive service payments, as specified in
subsection (b) of this Section, participants are eligible to receive the
following ancillary supportive services:
i) vocational rehabilitation;
ii) emergency intervention services;
iii) substance abuse or domestic or sexual violence programs;
iv) life skills training activities;
v) family planning/sex education;
vi) parenting skills; and
vii) family counseling.
B) Child care and transportation at the Department's established
rates may be provided to enable TANF participants to receive ancillary
supportive services.
C) If emergency intervention services are needed, TANF staff will
refer the participant to the appropriate Local Office for application under the
Crisis Assistance Program (see 89 Ill. Adm. Code 116). The need for supportive
services shall be discussed with the participant when a review of the
participant's Responsibility and Services Plan is made.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.83 TEEN PARENT SERVICES
Section 112.83 Teen Parent
Services
a) Teen Parent Services (TPS) Program provides case management
services that assist pregnant or parenting teens to participate in education
and/or related activities to enable them to attain a high school or alternative
high school diploma or GED certificate and move toward self-sufficiency. The
major objectives of TPS include:
1) keeping pregnant or parenting teens in school and progressing
toward achieving a high school diploma or GED certificate;
2) providing on-site or making referrals to family-centered
activities and services to meet personal, physical and social needs;
3) to the extent resources allow, assuring that all of the
pregnant or parenting young persons receive parenting skills, child growth and
development instruction and health services delivery information;
4) increasing paternities established and support paid by
providing information and follow-up on the Child Support Enforcement program;
5) instilling knowledge and modifying behaviors to enable long
term self-reliance and thus breaking the generational cycle of welfare
dependence; and
6) developing an individualized Responsibility and Services Plan
to move to economic self-sufficiency.
b) Program Services
1) Teen Parent Services are available statewide. TPS
participants who receive TANF are entitled to the same supportive services as
TANF employment and work-activity participants as described in Section
112.82. Other TPS participants may receive supportive services as described in
Section 112.82 to the extent the TPS budget allows. To be eligible to enroll,
a person must be pregnant or a parent, under the age of 20, a recipient of TANF
or other DHS services, such as Family Case Management, food stamps or Woman,
Infant and Children (WIC) program, or DPA services such as FamilyCare, and not
have a high school diploma or GED certificate.
2) A participant who attains age 19 may remain in the Program for
advancement of the participant’s plan in effect until his or her twenty-first
birthday. Upon completion of the plan, TANF participants are transitioned to
the adult TANF Program (see Sections 112.70 through 112.82). A participant of
any age who is in high school may remain in TPS while in high school when
classes are in session, or when enrolled and expected to attend classes
following semester break.
c) Teen Parent Services Program operates as follows:
1) TPS is administered by the Department of Human Services. Depending
on the address of the participant, the program is operated either by DHS staff
or under contract with health departments, community agencies, organizations,
entities and educational institutions that are experienced in working with
youth and trained in Departmental policies, programs and services.
2) The Teen Parent Services Program shall:
A) Arrange and monitor the participant's education at a high
school/alternative high school or GED program.
B) Provide a program orientation that includes:
i) information on program requirements;
ii) an explanation of the program activities/services, including
program goals and participant responsibilities to attend classes for a high
school diploma or GED certificate;
iii) an explanation of the supportive services available,
including an assessment of the need for child care and transportation to attend
classes;
iv) an explanation of the mandatory nature of the program for TANF
recipients and the reconciliation process, including good cause and sanction;
and
v) an explanation of the Department's programs, including but not
limited to the income budgeting process (Work Pays); Child Support Enforcement
Program; Child Care Program; and eligibility for the FamilyCare Program.
3) Conduct an assessment of strengths, weakness and career interests,
education and employment history, family health including family planning and a
record of children's immunizations that were done or need to be done, prenatal
care and identification of a primary care provider. During the assessment
process, the worker is to obtain or otherwise determine the participant's
current literacy level. TPS will develop an assessment and plan for each
participant. The plan for TPS participants who receive TANF includes an
agreement by the participant to cooperate with paternity establishment and
child support enforcement and attend parenting and life skills classes if
required. The plan for TPS participants who receive TANF must also include an
agreement to not voluntarily quit a job without good cause as determined by the
TPS case manager. The plan for all TPS participants establishes the
responsibilities of the TPS case manager in helping the participant set up a
plan to become self supporting. The TPS case manager provides the participant
with the services necessary to allow the teen parent to move toward
independence, including, but not limited to: education, employment and
training programs; supportive services such as reimbursement for child care and
transportation; and help in establishing paternity, getting a support order and
collecting child support. Once completed, the plan is to be signed by the teen
parent, if the teen receives TANF.
4) Conduct workshops and/or activities of interest and concern to
participants as determined to be helpful to preparing the pregnant or parenting
teen to complete his or her education and obtain employment. These activities
include but are not limited to:
A) parenting instruction;
B) child growth and development classes;
C) home and family management instruction;
D) decision making skills;
E) life skills instruction;
F) structured and supervised study time;
G) volunteer work and peer tutoring;
H) work study; and
I) job readiness.
5) Offer a case management approach to customer service that includes
the use of intervention techniques to eliminate the barriers to ongoing
participation and goal attainment by close monitoring and follow-up. The case
manager works closely with the teen, his or her family and significant others
in the process. The case manager provides or coordinates counseling and
mediation services, advocacy, service referral and role modeling.
6) Facilitate health services delivery for pregnant or parenting
teens and their children, particularly Early and Periodic Screening, Diagnosis
and Treatment (EPSDT); prenatal care; instruction on postponing subsequent
pregnancy; health and sexuality education including risk reduction for STD/HIV
infection and abstinence; and information on birth control and primary health
care providers. Referral for drug and alcohol abuse prevention, violence
prevention, and other health and safety related areas.
7) Having ongoing communication with the schools and/or community
agencies that serve the teen parents to facilitate coordination of service
delivery and school attendance.
8) For pregnant or parenting teens, provide assistance in the
development of a child care plan and follow-up on referrals for the provision of
child care. Referrals may be made to the Child Care Resource and Referral
network (CCR & R) or any other customer serving agency in the community or
any other source.
9) Conduct activities and events, including job fairs, related to
employment development and job placement.
10) The following on-site or community education activities as
needed: tutoring; GED; Adult Basic Education and literacy classes;
return-to-school preparation classes; computer assisted literacy lab; computer
assisted career exploration; or appropriate alternative.
11) On-site or community enrichment and goal directed activities
such as: cultural, health, or education fairs; holiday celebrations; and
paternal involvement sessions.
12) Regular developmental parent-child activities including:
on-site family literacy instruction; education field trips; teaching child play
and communication; toy making; and parent-child parties.
13) Upon completion of the TPS below post-secondary education
plan, if the teen is under age 21, he or she may remain in TPS. For
participants who receive TANF, upon completion of TPS activity or when
otherwise no longer eligible for TPS, the case is transferred to adult TANF
employment services.
d) Assignment to TPS Activities
1) Based on the assessment and plan, the participant is assigned
to one of the following activities: Education, Vocational Training, Job
Readiness, or Job Search. Participation in each of the TPS activities consists
of performance of related activities such as: enrolling in and attending
school, English as a Second Language (ESL) instruction, training, or conducting
a job search; and/or attending assigned group and/or individual activities.
See Section 112.78 for description of program activities and participation
requirements.
2) If a need for services other than or in addition to TPS
services is determined, the participant will be assisted in obtaining necessary
services or will be referred to the appropriate provider.
3) Every thirty days the TPS worker shall reassess the plan and
determine whether to continue, revise or terminate the participant's plan
and/or activity assignment.
4) If the plan and/or assigned activity are not suited to a
participant's needs, the plan shall be revised with input from the participant
and the TPS worker and, if necessary, the participant shall be assigned to a
more suitable activity.
e) Teen
Parent Services Sanction (TANF participants only)
See Section 112.79 for TANF
sanction rules for failure to cooperate with Teen Parent Services Program
requirements.
f) Good
Cause for Failure to Comply with Teen Parent Services Participation
Requirements (TANF participants only)
See Section 112.80 on good cause
rules for failure to comply with Teen Parent Services participation
requirements.
g) Termination of TPS Cases
TPS cases shall be terminated if the
participant completes high school and is age 21 or older or completes other
below post-secondary education and is age 21.
h) Reconciliation and Fair
Hearings
See Section 112.77
for Reconciliation and Fair Hearings rules.
i) TANF Supportive
Services Expenses
In order to enable TPS
participants to engage in TPS approved activities or to provide access to
services for the treatment of physical, mental and/or substance abuse related
problems for themselves and/or their children, payment requests for certain
education or training expenses, initial employment/job retention expenses, job
search allowance, child care and/or transportation costs may be approved by TPS
workers. (See Section 112.82.)
j) Assessment
and Plan (TANF participants only)
1) A
young parent who is required to participate in the Teen Parent Services (TPS)
Program must complete the assessment and plan.
2) The plan defines the responsibilities the young parent must
meet to receive TANF cash assistance and what services the Department agrees to
provide. The plan outlines family needs, the required activities and necessary
supportive services. The plan must be signed by both the young parent and the
TPS case manager. The plan sets the following goals for the young parent and
describes how the Department will help the young parent to meet these goals:
A) attend school to complete a high school education;
B) establish paternity for the young parent's child or children
and obtain child support;
C) improve the young parent's parenting skills; and
D) seek and obtain full-time employment.
3) Completion of the assessment and plan is a TANF employment and
work-activity requirement for TPS participants. Failure to cooperate in
completing the plan shall result in a sanction as described in Section 112.79,
if reconciliation is not successful, unless the participant has a child 12 weeks
of age or younger.
(Source: Amended at 27 Ill.
Reg. 4545, effective February 28, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.84 EMPLOYMENT RETENTION AND ADVANCEMENT PROJECT (REPEALED)
Section 112.84 Employment
Retention and Advancement Project (Repealed)
(Source: Repealed at 30 Ill.
Reg. 9331, effective May 8, 2006)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.85 FOUR YEAR COLLEGE/VOCATIONAL TRAINING DEMONSTRATION PROJECT (REPEALED)
Section 112.85 Four Year
College/Vocational Training Demonstration Project (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
SUBPART E: PROJECT ADVANCE
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.86 PROJECT ADVANCE (REPEALED)
Section 112.86 Project
Advance (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.87 PROJECT ADVANCE EXPERIMENTAL AND CONTROL GROUPS (REPEALED)
Section 112.87 Project
Advance Experimental and Control Groups (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.88 PROJECT ADVANCE PARTICIPATION REQUIREMENTS OF EXPERIMENTAL GROUP MEMBERS AND ADJUDICATED FATHERS (REPEALED)
Section 112.88 Project
Advance Participation Requirements of Experimental Group Members and
Adjudicated Fathers (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.89 PROJECT ADVANCE COOPERATION REQUIREMENTS OF EXPERIMENTAL GROUP MEMBERS AND ADJUDICATED FATHERS (REPEALED)
Section 112.89 Project
Advance Cooperation Requirements of Experimental Group Members and Adjudicated
Fathers (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.90 PROJECT ADVANCE SANCTIONS (REPEALED)
Section 112.90 Project
Advance Sanctions (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.91 GOOD CAUSE FOR FAILURE TO COMPLY WITH PROJECT ADVANCE (REPEALED)
Section 112.91 Good Cause
for Failure to Comply with Project Advance (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.93 INDIVIDUALS EXEMPT FROM PROJECT ADVANCE (REPEALED)
Section 112.93 Individuals
Exempt From Project Advance (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.95 PROJECT ADVANCE SUPPORTIVE SERVICES (REPEALED)
Section 112.95 Project
Advance Supportive Services (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
SUBPART F: EXCHANGE PROGRAM
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.98 EXCHANGE PROGRAM (REPEALED)
Section 112.98 Exchange
Program (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
SUBPART G: FINANCIAL FACTORS OF ELIGIBILITY
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.100 UNEARNED INCOME
Section 112.100 Unearned
Income
a) All currently available, unearned income which is not
specified as exempt shall be considered in the determination of eligibility,
the level of the assistance payment and the basis of issuance for food stamps.
b) Unearned income is all income other than that received in the
form of salary for services performed as an employee or profits from
self-employment.
c) Unearned income such as need based payments, cash assistance,
compensation in lieu of wages and allowances received through the Jobs Training
Partnership Act.
(Source: Amended at 8 Ill. Reg. 12333, effective June 29, 1984)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.101 UNEARNED INCOME OF PARENT
Section 112.101 Unearned
Income of Parent
a) In determining eligibility and level of assistance, the
unearned income of a parent of a person under age 18 who is receiving
assistance as a parent or dependent child if they are all living in the same household
is considered.
b) The amount of the total available income of the parent under
subsection (a) of this Section shall be the income remaining after the
following amounts have been deducted:
1) an amount equal to 3 times the TANF payment level for a family
size taking into account the needs of the parent and the needs of individuals
residing with the parent not included in the assistance unit whom the parent
claims as federal tax dependents;
2) court ordered support obligations of the parent; or
3) amounts paid by the parent to individuals outside the home
whom the parent claims as federal tax dependents.
(Source: Amended at 29 Ill.
Reg. 8161, effective May 18, 2005)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.105 BUDGETING UNEARNED INCOME
Section 112.105 Budgeting
Unearned Income
a) Budgeting is the method by which nonexempt income is compared
to the applicable payment levels (as contained in Sections 112.252 to 112.254)
plus additional income maintenance needs to determine the amount of the monthly
assistance payment for the assistance unit.
b) Monthly unearned income is budgeted on the basis of the
nonexempt income the client is anticipated to receive during the payment month.
c) If a client has more than one source of unearned income, the
monthly income shall be calculated from all sources.
(Source: Amended at 26 Ill. Reg. 138, effective January 1, 2002)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.106 BUDGETING UNEARNED INCOME OF APPLICANTS
Section 112.106 Budgeting
Unearned Income of Applicants
a) The unearned income received or expected to be received during
a 30 day period commencing with the day of application shall be considered in
the determination of eligibility.
b) If the client is eligible, the amount of his initial prorated
entitlement period (IPE) grant shall be based on the nonexempt income the
client expects to receive during the IPE period. The IPE period is the period
of time from when assistance first begins to the time the client receives the
first regular grant.
c) For the months following the IPE, the amount of the grant
shall be based on the amount of nonexempt income anticipated to be received
during the payment month.
(Source: Amended at 26 Ill. Reg. 138, effective January 1, 2002)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.107 INITIAL RECEIPT OF UNEARNED INCOME
Section 112.107 Initial
Receipt of Unearned Income
a) When a recipient reports that he has begun receiving unearned
income, a determination of continued eligibility shall be made.
b) Income the recipient expects to receive during the payment
month shall be considered in the determination of eligibility.
c) If the recipient remains eligible, the nonexempt income
anticipated to be received during the payment month shall be budgeted for the
payment month.
d) If a recipient fails to report that he has begun to receive
unearned income, a determination of eligibility shall be conducted when the
Department learns of the receipt. The Department shall also determine at that
time whether there has been overpayment (in accordance with Section 102.100).
(Source: Amended at 26 Ill. Reg. 138, effective January 1, 2002)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.108 TERMINATION OF UNEARNED INCOME
Section 112.108 Termination
of Unearned Income
If a recipient reports that
unearned income has ended, income will be budgeted prospectively for the month
following the receipt of the last unearned income benefit.
(Source: Amended at 26 Ill. Reg. 138, effective January 1, 2002)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.110 EXEMPT UNEARNED INCOME
Section 112.110 Exempt
Unearned Income
The following unearned income shall be exempt from consideration in
determining eligibility and the level of assistance payment:
a) The value of the benefit allotment under the Food and
Nutrition Act of 2008 (7 U.S.C. 2017(b));
b) The value of the U.S. Department of Agriculture donated foods
(surplus commodities);
c) Any payment received under the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4636);
d) Any funds distributed per capita to or held in trust for
members of any Indian Tribe under P.L. 92-254, P.L. 93-134, P.L. 94-114 or P.L.
94-540;
e) Any benefits received under Title VII, Nutrition Program for
the Elderly, of the Older Americans Act of 1965, as amended (42 U.S.C. 3045 et
seq.);
f) Any compensation provided to individual volunteers under the
Volunteers in Service to America (VISTA) Program (known as AmeriCorps VISTA).
Payments made under Americorps State/National programs, funded under the
National and Community Service Act of 1993, are not exempt. Stipends or living
allowance payments made under this program are considered nonexempt earned
income. These payments are subject to the general rules concerning the
budgeting of earned income;
g) Income received under the provisions of Section 4(c) of the
Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act [320 ILCS 25/4]. This includes both the benefits commonly known
as the circuit breaker and additional grants;
h) Payments for supporting services or reimbursement for
out-of-pocket expenses made to volunteers serving as senior health aides,
senior companions, foster grandparents, and persons serving in the Service
Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) and
any other programs under Titles II and III, pursuant to Section 418 of P.L.
93-113;
i) Unearned income such as need based payments, cash assistance,
compensation in lieu of wages and allowances received through the Workforce
Investment Act (WIA);
j) Social Security death benefit expended on a funeral and/or
burial;
k) The value of supplemental food assistance received under the
Child Nutrition Act of 1966, as amended (42 U.S.C. 1780(b)) and the special
food service program for children under the Richard B. Russell National School
Lunch Act, as amended (42 U.S.C. 1760);
l) Tax exempt portions of payments made pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1626);
m) Payments received under Title I of P.L. 100-383 of the Civil
Liberties Act of 1988 (50 U.S.C. 1989b through 1989b-8);
n) Payments received under Title II of P.L. 100-383 of the
Aleutian and Pribilof Islands Restitution Act (50 U.S.C. 1989c through
1989c-8);
o) Payments made to veterans who receive an annual disability
payment or to the survivors of deceased veterans who receive a one-time
lump-sum payment from the Agent Orange Settlement Fund or any other fund
referencing Agent Orange product liability under P.L. 101-201;
p) Payments received under the federal Radiation Exposure
Compensation Act (42 U.S.C. 2210 nt);
q) Federal subsidized housing payments under section 8 of the
Housing and Community Development Act (42 U.S.C. 1437f);
r) Any adoption subsidy payment or foster care payment received
from DCFS or from a state welfare agency of another state are exempt for MAG
and MANG. Independent Living Arrangement Payments are not exempt for MAG and
MANG;
s) Supportive Service payments (Section 112.82);
t) Benefits paid to eligible households under the Low Income
Home Energy Assistance Act of 1981 pursuant to Section 2605(f) of P.L. 97-35;
u) Disaster relief payments provided by federal, state or local
government or a disaster assistance organization;
v) Any payment provided by the Department of Human Services under
the Family Assistance Program for Children with Mental Disabilities [405 ILCS
80/Art. III];
w) A nonrecurring lump-sum SSI or SSA payment made to an
individual in a TANF assistance unit. The nonrecurring SSA lump sum is exempt
if it is based on disability. The monthly amount, up to the monthly SSI level
for one, is exempt. For those individuals not in a TANF assistance unit whose
income is used to determine TANF eligibility for others (for example, the
parent of a person under age 18 who is receiving assistance as a parent), the
lump-sum payment is nonexempt income for the month received;
x) Payments made to individuals because of their status as
victims of Nazi persecution pursuant to P.L. 103-286;
y) Payments to a member of the Passamquoddy Indian Tribe, the
Penobscot Nation of the Houlton Band of the Maliseet Indians pursuant to the
Maine Indian Claims Settlement Act of 1980;
z) Up to $2000 per year of income received by individual Indians,
which is derived from leases or other uses of individually-owned trust or
restricted lands pursuant to Section 13736 of P.L. 103-66;
aa) Payments based on disability status are disregarded in an
amount up to the Supplemental Security Income (SSI) payment level for one
person with no income. This disregard applies to disability benefits from
Social Security (including SSI), Railroad Retirement Disability, Department of
Veterans' Affairs (100% disability only) and Black Lung;
bb) Payments made under the federal Crime Act of 1984 (as amended
by P.L. 104-132, Section 234, Crime Victims Fund);
cc) Inconsequential income, which is defined as gifts, prizes or
other unearned income (excluding that which is otherwise exempted in this
Section) of up to $50 per person per quarter;
dd) The value of home produce that is used for personal consumption;
ee) Total child support payments made to an assistance unit;
ff) Three dollars of every $4 of excess child support distributed
by the child support agency to a family with earnings budgeted. This includes
the wage supplementation programs of on-the-job training, Job Corps, AmeriCorps
VISTA, and work study;
gg) Payments from the principal or trust of a trust fund made to or
on behalf of a dependent child when the court orders the money released for a
specific purpose other than the income maintenance needs of the child;
hh) Earmarked child support payments received by the client for the
support of a child not included in the assistance unit;
ii) Cash that is exchanged for purposes of satisfying payment of
shelter-related obligations in situations in which the assistance unit shares a
dwelling unit with another family, individual or individuals. The money is not
available to meet the needs of the party who received and disburses the
shelter-related payment;
jj) Employment-related reimbursements for past or future expenses
to the extent that they do not exceed actual expenses incurred and do not
represent a gain or benefit to the client;
kk) All educational loans, grants, scholarships, fellowships,
veteran's educational benefits, and federal and State work study programs;
ll) Achieving
a Better Life Experience (ABLE) accounts – All earnings on ABLE accounts are
exempt. The balance of this account is to be exempt unearned income; and
mm) For a
period of no more than 60 months, any financial assistance, including wages,
cash transfers, or gifts, that is provided to a person who is enrolled in a
program or research project that is not funded with general revenue funds that
is intended to investigate impacts of policies or programs designed to reduce
poverty, promote social mobility, or increase financial stability for Illinois
residents, if there is an explicit plan to collect data and evaluate the
program or initiative that is developed prior to participants in the study
being enrolled in the program and if a research team has been identified to
oversee the evaluation.
(Source: Amended at 48 Ill. Reg. 4416,
effective March 8, 2024)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.115 EDUCATION BENEFITS (REPEALED)
Section 112.115 Education
Benefits (Repealed)
(Source: Repealed at 27 Ill.
Reg. 18417, effective November 20, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.120 INCENTIVE ALLOWANCES
Section 112.120 Incentive
Allowances
The following incentive
allowances shall be exempt:
a) National Training Services Grant
Incentive payments which the Department of Rehabilitation
Services (DORS) authorizes to be paid to disabled persons receiving categorical
assistance and enrolled in the National Training Service Project.
b) Work Incentive Demonstration Program (WDP) Incentive Payments.
(Source: Amended at 8 Ill. Reg. 12333, effective June 29, 1984)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.125 UNEARNED INCOME IN-KIND
Section 112.125 Unearned
Income In-Kind
a) Unearned Income in-kind is payment made by a non-member of the
assistance unit in behalf of or in the name of a member of the assistance unit.
b) Unearned income in-kind shall be exempt.
c) When the assistance unit shares a dwelling unit with another family
or individual(s), the exchange of cash for purposes of satisfying payment of
shelter related obligations shall not constitute an income in-kind payment and
shall not be considered available to meet the needs of the person who receives
and disburses the shelter-related payment.
(Source: Added (by codification with no substantive change) at 7 Ill.
Reg. 5197)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.126 EARMARKED INCOME
Section 112.126 Earmarked
Income
a) Earmarked income is restricted for the use of a specified
individual by court order, or by legal stipulation of a contributor.
b) Earmarked income shall be considered available to meet the
family's needs.
(Source: Peremptory amendment at 8 Ill. Reg. 19889, effective October 1,
1984)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.127 LUMP-SUM PAYMENTS
Section 112.127 Lump-Sum
Payments
a) Income received either in the form of a one-time only payment
that does not continue on a regular basis or in the form of a retroactive
payment for income that continues on a regular basis is considered non-recurring
lump-sum income (a lump-sum payment). Examples of non-recurring lump-sum
income are retroactive social security payments, retroactive unemployment
insurance benefits, personal injury settlements, workers compensation injury
settlements, lottery winnings, inheritances and insurance settlements.
b) Any portion of the lump-sum payment used to pay for expenses
incurred as a result of the lump-sum payment shall be exempt from consideration
as non-recurring lump-sum income as follows:
1) Personal Injury Settlement – That portion of a personal injury
payment is exempt that is used to pay for:
A) necessary costs of litigation or settlement, including
attorney's fees;
B) the Department's charge (see 89 Ill. Adm. Code 102.260);
C) medical costs resulting from the injury and paid by the client;
D) expenses to repair or replace personal property which was
damaged as a result of the injury.
2) Workers' Compensation Payment – That portion of a Workers'
Compensation payment is exempt that is used to pay for:
A) necessary costs of litigation or settlement, including
attorney's fees;
B) medical costs resulting from the injury and paid by the client.
3) Insurance Payments
A) Insurance Payments – That portion of an insurance payment
received due to loss is exempt when used to:
i) Repair or replace a lost or damaged resource, including, but
not limited to, repair or replacement of home, furniture, or clothing lost or
damaged in a fire or flood and repair or replacement of a car as a result of an
accident or fire;
ii) Pay the funeral, burial or medical expenses of an insured when
the client is the beneficiary of the insured's life insurance policy.
B) Any insurance proceeds not spent or contracted to be spent as
specified in subsection (b)(3)(A) within 60 days after receipt shall be
budgeted (see Section 112.105(a) as non-recurring lump-sum income. A payment
receipt shall be required as verification of any insurance-related expenses
claimed as exempt under subsection (b)(3)(A).
c) Lump-sum payments are considered nonexempt unearned income for
the month of receipt. Any amount remaining is not considered for the following
month.
(Source: Amended at 38 Ill.
Reg. 4441, effective January 29, 2014)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.128 PROTECTED INCOME (REPEALED)
Section 112.128 Protected
Income (Repealed)
(Source: Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.130 EARNED INCOME
Section 112.130 Earned
Income
a) All currently available income that is not specified as exempt
shall be considered in the determination of eligibility and the level of the
assistance payment.
b) Earned income is remuneration acquired through the receipt of
salaries or wages for services performed as an employee or profits from an
activity in which the individual is self-employed.
c) In determining eligibility and level of assistance, the earned
income of a parent of a person under age 18 who is receiving assistance as a
parent or dependent child if they are all living in the same household is
considered.
d) The amount of the total available income of the parent under
subsection (c) of this Section shall be the income remaining after the
following amounts have been deducted:
1) For purposes of determining eligibility, the difference
between the family's TANF payment level and 50% of the Federal Poverty Level
(see Section 112.145);
2) An amount equal to 3 times the TANF payment level for a family
size taking into account the needs of the parent and the needs of individuals
residing with the parent not included in the assistance unit whom the parent
claims or could claim as federal tax dependents;
3) Amounts paid by the parent for alimony or child support to
individuals outside the home;
4) Amounts paid by the parent to individuals outside the home
whom the parent claims or who could be claimed as federal tax dependents.
e) Earned income received by all dependent children.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.131 EARNED INCOME TAX CREDIT
Section 112.131 Earned
Income Tax Credit
In determining eligibility and
level of assistance, the amount of earned income tax credit the client receives
as a refund of federal income taxes shall be exempt.
(Source: Amended at 36 Ill. Reg. 15120,
effective September 28, 2012)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.132 BUDGETING EARNED INCOME
Section 112.132 Budgeting
Earned Income
a) Budgeting is the method by which nonexempt income is compared
to the applicable payment levels (as contained in Sections 112.252 to 112.254)
to determine the amount of the monthly assistance payment for the assistance
unit.
b) Earned income of a client is budgeted on the basis of the
income which the client is anticipated to receive.
c) If a recipient has more than one employer or more than one
assistance unit member has earned income, the monthly income shall be
calculated for both jobs.
(Source: Amended at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.133 BUDGETING EARNED INCOME OF EMPLOYED APPLICANTS
Section 112.133 Budgeting
Earned Income of Employed Applicants
a) The earned income received or expected to be received during a
30 day period commencing with the day of application shall be considered in the
determination of eligibility.
b) To determine eligibility, an amount equal to the difference
between the family's TANF payment level and 50% of the Federal Poverty Level
will be deducted from gross earned income. The remainder, plus all other
budgetable income, will be compared to the payment level to determine
eligibility.
c) If eligible, three-fourths of the client's gross earned income
is disregarded. One-fourth of each individual's gross earnings and all other
budgetable income will be deducted from the family's payment level.
d) If the client is eligible, the amount of his or her initial
prorated entitlement period (IPE) grant shall be based on the income the client
expects to receive during the IPE period.
e) For the months following the IPE, the amount of the grant
shall be based on the amount of income anticipated to be received.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.134 INITIAL EMPLOYMENT
Section 112.134 Initial
Employment
a) When a recipient reports that he has begun employment, a
determination of continued eligibility shall be made.
b) Income which the recipient expects to receive during the
payment month shall be considered in the determination of eligibility.
c) The gross income anticipated to be received shall be budgeted
for the payment month.
d) If a recipient fails to report that he has begun to work, a
determination of eligibility shall be conducted when the Department learns of
the employment. The Department shall also determine at that time whether there
has been overpayment in accordance with 89 Ill. Adm. Code 102.100.
(Source: Amended at 23 Ill. Reg. 7896, effective July 1, 1999)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.135 BUDGETING EARNED INCOME FOR CONTRACTUAL EMPLOYEES
Section 112.135 Budgeting
Earned Income For Contractual Employees
a) Contractual employees are:
1) construction workers with a written agreement to perform a
task for specified compensation;
2) teachers;
3) substitute teachers in some school systems;
4) educational administrators; and
5) any person whose job duties and compensation are specified for
a distinct time period by a written agreement.
b) The contractual income shall be averaged over the total period
of the contract. This shall be done even though the income may be received in
fewer months than are covered by contract.
c) Determination of eligibility shall be based on the averaged
monthly income.
d) The amount of the assistance grant shall be based on the
income which the client expects to receive according to the contract during the
payment month.
e) A determination of eligibility shall be conducted when the
recipient's contract is renegotiated. For school employees, a determination of
eligibility shall be conducted at the beginning of the academic year if the
employee received a raise.
(Source: Added (by codification with no substantive change) at 7 Ill.
Reg. 5197)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.136 BUDGETING EARNED INCOME FOR NON-CONTRACTUAL SCHOOL EMPLOYEES
Section 112.136 Budgeting
Earned Income for Non-contractual School Employees
a) Non-contractual School employees are:
1) teachers aides;
2) school secretaries and other clerical workers;
3) school cafeteria workers;
4) school custodians; and
5) other school employees who either have no contract and are
laid off during the summer or have a contract or letter of agreement which does
not state it is an annual contract or agreement and does not require the
employee to work during the summer.
b) The income expected to be received during the first thirty
days shall be used to determine eligibility and the amount of the assistance
grant.
c) A determination of eligibility shall be conducted at the
beginning of the academic year if the employee received a raise. For the
determination of eligibility, income expected to be received during the first
payment month for which a grant change could be effected shall be considered.
The income is not averaged.
d) Determination of eligibility and the amount of the assistance
grant shall be based on the income which the client expects to receive during
the budget month.
(Source: Added (by codification with no substantive change) at 7 Ill.
Reg. 5197)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.137 TERMINATION OF EMPLOYMENT
Section 112.137 Termination
of Employment
If a recipient reports and
verifies that employment has ended, income will be budgeted prospectively for
the month following the last paycheck.
(Source: Amended at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.138 TRANSITIONAL PAYMENTS (REPEALED)
Section 112.138 Transitional
Payments (Repealed)
(Source: Repealed at 16 Ill. Reg. 17724, effective November 9, 1992)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.140 EXEMPT EARNED INCOME
Section 112.140 Exempt
Earned Income
a) The earned income of an individual receiving assistance as a
dependent child is exempt.
b) Earned income from the U.S. Census Bureau for temporary census
employment is exempt.
(Source:
Amended at 44 Ill. Reg. 6960, effective April 16, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.141 EARNED INCOME EXEMPTION
Section 112.141 Earned
Income Exemption
a) At the time of application for assistance, each employed
applicant will be allowed a deduction from earned income equal to the
difference between the family's TANF payment level and 50% of the Federal
Poverty Level. The remainder, plus all other nonexempt income, will be
compared to the payment level to determine eligibility.
b) Employed families who received TANF during the six months
prior to application who lost eligibility because of their earnings and child
support, and for whom child support payments have ceased, shall receive the
exemption in subsection (c) of this Section to determine eligibility.
c) For employed recipients, one-fourth of each individual's
earnings and all other nonexempt income will be deducted from the family's
payment level.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.142 EXCLUSION FROM EARNED INCOME EXEMPTION
Section 112.142 Exclusion
from Earned Income Exemption
The earned income exemption
shall not apply when determining initial eligibility. If the assistance unit
is determined eligible without the earned income exemption, the two-thirds
deduction shall be applied.
(Source: Amended at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.143 RECOGNIZED EMPLOYMENT EXPENSES
Section 112.143 Recognized
Employment Expenses
a) For earnings from self-employment and rental property, an
amount equal to the expenses directly attributable to producing goods or
services or an amount equal to the expenses of rental shall be deducted from
the income prior to the application of the $3 for $4 exemption.
b) Day Care
1) Day Care expenses are to be covered as direct payment except
as follows:
A) For children age 13 and over who do not require child care
because of a physical or psychological condition or because of court-ordered
supervision.
B) When a family which was receiving AFDC and was utilizing the
child care disregard on October 13, 1988 would become ineligible for TANF if
the child care were paid directly.
C) For the care of an incapacitated adult.
D) At intake, when determining initial eligibility, the child care
deduction pertains to verified child care expense for the month of application.
2) For cases that are exceptions to direct payment, use the child
care deduction. Child care expenses shall be deducted from income up to a
maximum of $200 per child for each child under age two and $175 for each child
age two or older.
3) Direct payment and the child care deduction are not allowed
when the child care provider is a responsible relative (see 89 Ill. Adm. Code
103.10(b)) of the child receiving care. Day care payments are not allowed if
the child care provider is a step-parent who is providing care to and living
with his or her step-children.
4) Direct payment for child care expenses shall be made to
qualified child care providers in accordance with 89 Ill. Adm. Code 50.240.
5) Eligibility for child care payments is limited to the first
day of the calendar month prior to the month a request for child care services
is made.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.144 INCOME FROM WORK-STUDY AND TRAINING PROGRAMS
Section 112.144 Income from
Work-Study and Training Programs
a) Income from college work-study is exempt.
b) Income from Job Corps is exempt.
c) Earned income received through the Job Training Partnership
Act by all dependent children is exempt.
d) Earned income received through the Job Training Partnership
Act by adults is nonexempt.
e) Unearned income such as need based payments, cash assistance,
compensation in lieu of wages and allowances received through the Jobs Training
Partnership Act is exempt.
f) Earnings, allowances and payment under Title I of the National
and Community Service Act of 1990. The exempt programs include Serve American,
Higher Education Innovative Projects, American Conservation and Youth Programs
and National and Community Service Programs.
(Source: Amended at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.145 EARNED INCOME FROM SELF-EMPLOYMENT
Section 112.145 Earned
Income From Self-Employment
a) Income realized from self-employment shall be considered
earned income.
b) Accurate and complete records shall be kept on all monies
received and spent through self-employment. If the individual fails or refuses
to maintain complete business records, the family shall be ineligible.
c) Business expenses shall be verified. The individual shall
have full responsibility for proof of any business expense. No deduction shall
be allowed for depreciation, obsolescence and/or similar losses in the
operation of the business. Income reinvested in the business, except for the
purchase of real estate, is a recognized business expense. This includes the
purchase of capital equipment, payments on principal of loans and other
expenses need to produce goods or services.
d) To determine eligibility, the self-employment income shall be
the gross less the value of the replacement of stock, business expenses and the
amount equal to the difference between the family's TANF payment level and 50%
of the Federal Poverty Level. If eligible, the three-fourths earned income
exemption, if applicable, shall be computed and deducted from the self-employment
income less the value of the replacement of stock and business expenses.
(Source: Amended at 34 Ill.
Reg. 10085, effective July 1, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.146 EARNED INCOME FROM ROOMER AND BOARDER
Section 112.146 Earned
Income From Roomer and Boarder
Money paid by roomers and/or
boarders to a member of an assistance unit who holds himself out as being
self-employed in the business of renting rooms shall be considered earned
income from self-employment (see Section 112.145). The earned income exemption,
if applicable, shall be deducted for roomers and/or boarders.
(Source: Added (by codification with no substantive change) at 7 Ill.
Reg. 5197)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.147 INCOME FROM RENTAL PROPERTY
Section 112.147 Income From
Rental Property
a) Income received from rental property owned by a client is
considered as earned if the money is produced by the client's services. For
example, managing the property or managing the capital investment are ways to
qualify rental income as earned. If the client has no specific responsibility
for management of the property or the investment the rental does not qualify as
earned income.
b) When determining net income, the reasonable and necessary
rental expenses which the client incurs in the production of income may be
deducted from the gross income. Reasonable and necessary rental expenses
include repairs, taxes, insurance, and utilities if the landlord pays them.
c) If a client is responsible for cleaning a room and providing
clean linens, the income which he receives shall be considered earned income
from a roomer rather than earned income from rental property.
d) The earned income exemption, if applicable, as specified in
Section 112.141, shall be deducted.
(Source: Amended at 21 Ill. Reg. 15597, effective November 26, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SECTION 112.148 PAYMENTS FROM THE ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Section 112.148 Payments
from the Illinois Department of Children and Family Services
Foster Care Payments
a) The following foster care payments made by the Department of
Children and Family Services (DCFS) are to be considered exempt unearned income
when determining the eligibility of the assistance unit (exclusive of the
foster child and his or her child or children, if any).
1) Basic maintenance payments.
2) Special service fee payments.
3) Intensive service fee payments.
4) Monthly retainer fee payments.
5) Adoption Subsidies.
b) Independent living arrangement payments.
1) Payments made by DCFS to wards living independently of a
foster home shall be considered nonexempt unearned income when determining the
eligibility of the ward and his or her child or children for cash assistance.
2) Wards of DCFS who are receiving Independent Living Arrangement
payments must be included in the assistance unit with their child or children,
if otherwise eligible.
(Source: Amended at 19 Ill. Reg. 7883, effective June 5, 1995)
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