TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.1 APPLICATION FOR ASSISTANCE
Section 121.1 Application
for Assistance
a) An application for Supplemental Nutrition Assistance Program
(SNAP) benefits is a written or spoken request containing the client's name,
address and signature. An electronic signature, obtained pursuant to 89 Ill.
Adm. Code 10.410, is created when an application is submitted and received on
the internet or telephonically. An electronic signature may be accepted by the
phone interview system for redeterminations.
b) An application is required for initial certification and
subsequent certification. For subsequent certifications see Section 121.120.
c) An application for SNAP participation may be made by the head
of the household, spouse, another household member or an adult non-household
member designated by the household as an authorized representative. When a
SNAP household also files an application for a Public Assistance cash grant
under TANF (Temporary Assistance for Needy Families), AABD (Aid to the Aged,
Blind or Disabled), or Refugee Program, the grantee for the Public Assistance
case shall be the head of the SNAP household.
d) If other household members are not available to make
application due to employment, health problems, transportation problems, care
of a household member, etc., a responsible adult outside the household may be
designated as an authorized representative if the following conditions exist:
1) The head of household, spouse or other responsible family
members cannot be interviewed;
2) The authorized representative has been designated in writing
by the head of the household or the spouse, and is sufficiently aware of
relevant household circumstances.
e) The head of the household shall be held liable for any
overissuance which results from erroneous information given on an application
by the authorized representative except in instances of participants in drug
addiction or alcoholic treatment centers. The center is responsible for
misrepresentation or fraud which it knowingly commits in the certification of
center residents.
f) For residents of public or private non-profit drug addiction
or alcoholic treatment centers, or residents of small group living
arrangements, the facility will assign an authorized representative to apply in
behalf of each resident. This provision is applicable only when the facility
has been authorized by the United States Department of Agriculture to accept
SNAP benefits in accordance with 7 CFR 278.1 and 278.2(g) (2005, with no later
additions or amendments).
g) When the eligible members of a household are all unemancipated
minors and the only adult is an ineligible alien, the ineligible alien may make
application as head of the household in behalf of the eligible minors in the
household. (Ineligible aliens applying as head of household will be
responsible for any misrepresentation or fraud committed in the certification
of the household and will sign the application as head of household, not as
authorized representative.)
h) Homeless meal providers cannot act as an authorized representative
for homeless SNAP applicants or recipients.
(Source: Amended at 38 Ill.
Reg. 5382, effective February 7, 2014)
 | TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.2 TIME LIMITATIONS ON THE DISPOSITION OF AN APPLICATION
Section 121.2 Time
Limitations on the Disposition of an Application
A decision shall be made within
sufficient time to insure that the household receives an opportunity to
participate in the program within 30 days of the date of application.
(Source: Amended at 3 Ill. Reg. 44, p. 173, effective October 19, 1979)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.3 APPROVAL OF AN APPLICATION AND INITIAL AUTHORIZATION OF ASSISTANCE
Section 121.3 Approval of an
Application and Initial Authorization Of Assistance
a) Eligibility for program participation shall not be authorized
for any period prior to the month in which application is made.
b) A household's benefits level for the initial month of
certification will be based on the day of the month it applies for benefits. A
household shall receive benefits prorated from the day of application to the
end of the month. As used in this paragraph, the term "initial
month" means either the first month for which an allotment is issued to a
household or the first month for which an allotment is issued to a household
following any period of at least one month during which the household was not
certified for participation in the Supplemental Nutrition Assistance Program
(SNAP).
(Source: Amended at 34 Ill.
Reg. 5295, effective April 12, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.4 DENIAL OF AN APPLICATION
Section 121.4 Denial of an
Application
An application shall be denied
if:
a) eligibility cannot be conclusively determined because of the
applicant's refusal to cooperate in providing essential information or to
consent to verification by the local office;
b) the applicant has not provided sufficient information for a
determination of eligibility and the local office has offered assistance to
obtain the information;
c) the applicant does not meet one or more eligibility
requirements; or
d) the applicant withdraws the application.
(Source: Amended at 3 Ill. Reg. 44, p. 173, effective October 19, 1979)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.5 CLIENT COOPERATION
Section 121.5 Client
Cooperation
a) If a household refuses to cooperate with the Department in
completing the application process, the application is to be denied at the time
of refusal.
b) A certified household is required to cooperate in reviews of
its eligibility, including reviews generated by reported changes in
circumstances, recertification or as part of a quality control review. If the
certified household refuses to cooperate, food stamp benefits shall be
terminated.
c) Once benefits are terminated for refusal to cooperate, the household
may reapply but shall not be determined eligible until it cooperates.
d) Refusal to cooperate means that the household is able to
cooperate, but clearly demonstrates that it will not take action that it can
take and that is required to complete an eligibility determination. If the
household has merely failed to cooperate, rather than refused to cooperate, the
application will not be denied or benefits terminated.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.6 EMERGENCY ASSISTANCE
Section 121.6 Emergency
Assistance
In accordance with the Federal
Disaster Relief Act of 1970 (42 U.S.C. 5121 et seq.) and the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.), the Department shall distribute emergency food
stamp benefits to applicant households within the State which meet the
following eligibility requirements:
a) Residence (either permanent or temporary) within the
geographic limits of the disaster area; and
b) Need of emergency food stamp assistance because of a reduction
in or inaccessibility of income or cash resources as a result of the disaster.
* AGENCY NOTE: This rule shall apply only in areas which the Food and
Nutrition Service of the U.S. Department of Agriculture has previously approved
for emergency food assistance.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.7 EXPEDITED SERVICE
Section 121.7 Expedited
Service
a) Households in need of immediate food assistance shall be
provided expedited service if the household:
1) has liquid assets (such as, cash on hand, checking or savings
accounts) of no more than $100, and has gross monthly income for the fiscal
month of application of less than $150; or
2) has liquid assets of no more than $100 and contains a migrant
or seasonal farmworker who is destitute. A migrant or seasonal farmworker
household meeting one of the following criteria is considered destitute:
A) Migrant or seasonal farmworker households whose only income for
the fiscal month of application was received prior to the date of application
and was from a terminated source are considered destitute.
i) Income is considered as coming from a terminated source if it
is received monthly or more frequently and will not be received again from the
same source during the fiscal month of application or during the month
following application, or it is normally received less often than monthly and
will not be received in the month the next payment is normally received.
ii) A household member who changes jobs but continues to work for
the same employer is considered as still receiving income from the same source.
iii) Migrant households which have received their last wages from
a grower, food processor, livestock, nursery or other employer are considered
destitute.
B) Income from a New Source
i) Migrant or seasonal farmworker households whose only income,
for the fiscal month in which the application is filed, is from a new source
are considered destitute if income or more than $25 will not be received from
the new source by the 10th calendar day following the date of
application.
ii) Income is considered as coming from a new source if it is
normally received on a monthly basis or more frequently and more than $25 has
not been received from the source within 30 days prior to the date the
application was filed, or it is normally received less often than monthly and
income of more than $25 was not received within the last normal interval
between regular payments.
C) Households may receive income from a terminated source prior to
the date of application and income from a new source after the date of
application. Such households may be considered destitute if they receive no
other income in the fiscal month of application and income of more than $25
from the new source will not be received by the 10th calendar day
after the date of initial application.
D) The receipt of a wage advance for the travel costs of a new
employee does not affect the determination of whether subsequent payments from
the employer are from a new source of income or whether a household is to be
considered destitute.
3) has combined gross monthly income and liquid resources which
are less than the household's monthly rent or mortgage and utility costs.
b) A household may be entitled to expedited service but factors
of eligibility (see subsection (e)) may make the household ineligible to
receive SNAP benefits or eligible for an amount less than the maximum monthly
benefit amount for the household size.
c) If a household is not entitled to expedited service, the
Department will continue to process the application using the regular
application procedures (found at Section 121.2). The application will only be
denied if the household is ineligible under regular processing standards.
d) Processing Time Standard
1) The first day of the time standard is the calendar day
following the day the signed application was filed. The date of application is
the day the signed application is received in the correct local office.
2) The Department shall process applications for eligible
households entitled to expedited service within the following processing time
standards:
A) If entitlement for expedited service is discovered at the date
of application, benefits shall be made available to the household no later than
the fifth calendar day following the date of application.
B) If entitlement to expedited service is discovered during normal
processing of the application, benefits shall be made available no later than
the fifth calendar day following the day entitlement to expedited service was
discovered.
e) Households entitled to expedited service shall be interviewed
no later than the work day following the date of application. Households
entitled to expedited service are given an interview appointment on the day the
signed application is filed. If the applicant fails to appear for the scheduled
interview, the time frame for expedited service no longer applies (see Section
121.2 for the time limitations on the disposition of an application). The
applicant's application will be processed using the regular processing
standards found at Section 121.2.
f) When a migrant household is entitled to expedited service and
a two-month certification period is assigned, the Department shall authorize
the second month's benefits without requiring verification which must be
obtained from another state. However, the out-of-state verification must be
obtained before additional benefits will be authorized in a new certification
period. Migrant households shall be entitled to postpone out-of-state
verifications for a second month only once each season.
g) Prior to certification for expedited service, only the
applicant's identity (for example, driver's license and voter registration
card) must be verified. Income (for example, pay stubs) and residency (for
example, driver's license and voter registration card) shall be verified if
verification will not cause benefits to be delayed.
h) SNAP units applying for recertification between the 15th
and the last day of the last month of their current certification period are
not entitled to expedited service.
(Source: Amended at 44 Ill.
Reg. 19892, effective December 14, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.8 EXPRESS STAMPS APPLICATION PROJECT (REPEALED)
Section
121.8 Express Stamps Application Project (Repealed)
(Source: Repealed at 35 Ill.
Reg. 18780, effective October 28, 2011)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.10 INTERVIEWS
Section 121.10 Interviews
a) All applicant households, including those submitting
applications by mail, shall have face-to-face interviews in a local office with
a qualified eligibility worker prior to initial certification and all redeterminations.
b) Interview
Process
1) The individual interviewed may be the head of the household,
spouse, any other adult member of the household who is sufficiently familiar
with the household's circumstances to be able to assist in the determination of
eligibility, or an authorized representative (see Section 121.1(e)(1) and (2)).
The applicant may bring any person he/she chooses to the interview. Prior to
beginning the interview, the applicant shall indicate which persons are not
applying for SNAP benefits because they are unable or unwilling to provide
alien status verification.
2) The interviewer shall not simply review the information that
appears on the application, but shall explore and resolve with the household
unclear and incomplete information.
3) Households shall be advised of their rights and
responsibilities during the interview, including the appropriate applications
processing standard (see Sections 121.2 and 121.7) and the household's
responsibility to report changes.
4) The interview shall be conducted as an official and confidential
discussion of household circumstances. The applicant's right to privacy shall
be protected during the interview. Facilities shall be adequate to preserve
the privacy and confidentiality of the interview.
c) Waiver
of Office Interviews
1) The office interview shall be waived if requested by any
household that is unable to appoint an authorized representative and that has
no household members able to come to the local office because they are
qualifying members as defined in Section 121.61.
2) The office interview shall also be waived for any household:
A) containing
a household member who is employed; or
B) on a case-by-case basis for any household that is unable to
appoint an authorized representative and that has no household members able to
come to the local office because of transportation difficulties or similar
hardships that the Department determines warrants a waiver of the office
interview. These hardship conditions include, but are not limited to:
i) illness;
ii) care of household member;
iii) hardships due to residency in a rural area;
iv) prolonged severe weather;
v) training hours that prevent the household from participating
in an in-office interview.
3) The Department will conduct a face-to-face interview if the
household requests one.
4) The Department has the option of conducting a telephone
interview or a home visit for those households for whom the office interview is
waived. Home visits shall be used only if the time of the visit is scheduled in
advance with the household. However, a home visit interview for
redetermination of eligibility for financial assistance/recertification does
not have to be scheduled with the household in advance.
5) Waiver of the face-to-face interview does not exempt the
household from the verification requirements, although special procedures may
be used to permit the household to provide verification and thus obtain its
benefits in a timely manner, such as substituting a collateral contact in cases
where documentary verification would normally be provided.
6) Waiver of the face-to-face interview shall not affect the
length of the household's certification period.
d) The Department shall schedule all interviews as promptly as
possible to ensure the eligible households receive an opportunity to
participate within 30 days after the application is filed. If a household
fails to appear for the scheduled interview, the Department will issue a Notice
of Missed Interview that will inform the household that the household missed
its scheduled interview and that the household is responsible for requesting
another interview.
(Source: Amended at 39 Ill.
Reg. 15577, effective December 1, 2015)
SUBPART B: NON-FINANCIAL FACTORS OF ELIGIBILITY
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.18 WORK REQUIREMENT
Section 121.18 Work
Requirement
a) An individual is restricted to three months of eligibility for
SNAP benefits during a 36-month period unless the individual meets the work
requirement, or is exempt from meeting the work requirement, or the State is
operating under an applicable federal waiver. The 36-month period is a fixed
time period established by the USDA Food and Nutrition Service for the entire state.
b) An individual meets the work requirement by working an average
of 20 hours per week, or by participating in workfare for the required number
of hours.
c) An individual is exempt from meeting the work requirement if
the individual is:
1) Pursuant to the age requirement defined in the Fiscal
Responsibility Act of 2023 (FRA) (see 7 U.S.C. 2015(6)(o)(3)(A));
A) under age 18 or 51 years of age and older, effective September
1, 2023;
B) under age 18 or 53 years of age and older, effective October 1,
2023;
C) under age 18 or 55 years of age and older, effective October 1,
2024.
2) medically certified as physically or mentally unfit for
employment;
3) pregnant;
4) a student enrolled at least half time;
5) a member of a household responsible for a dependent child;
6) responsible for the care of an incapacitated person;
7) participating in a substance use disorder treatment and
rehabilitation program;
8) receiving weekly earnings of at least the federal minimum wage
times 30 hours;
9) receiving Unemployment Insurance;
10) homeless as defined in Section 3 of the Food and Nutrition Act
(FNA) of 2008 (see 7 U.S.C. 2012(l)) and at 7 CFR 271.2, means an individual
who lacks a fixed and regular nighttime residence or an individual whose
primary nighttime residence is:
A) A supervised shelter designed to provide temporary
accommodations (such as a welfare hotel or congregate shelter);
B) A halfway house or similar institution that provides temporary
residence for individuals who would otherwise be institutionalized;
C) A temporary accommodation for not more than 90 days in the
residence of another individual; or
D) A place not designed for, or ordinarily used, as a regular
sleeping accommodation for human beings (a hallway, a bus station, a lobby, or
similar places).
11) a veteran who served in the United States Armed Forces,
including in a reserve component of the United States Armed Forces and who was
discharged or released from there, regardless of the conditions of such
discharge or release;
12) under age 25, and who was in a foster care program such as
through the Illinois Department of Children and Family Services (DCFS) or a
District, Territory, or Indian Tribal Organization on their 18th
birthday, and later left the custody of the state agency or organization; or
13) residing in an area which is exempt from this requirement (see 7
U.S.C. 2015(o)(4)(A)(i) and (ii)).
d) An individual who has been denied eligibility because that
individual does not meet the work requirement may qualify for three additional
months of eligibility for SNAP in the 36-month period. To qualify for the
three additional months of eligibility for SNAP, during a 30-day period, the
individual must:
1) work (paid or unpaid) an average of 20 hours per week (80
hours monthly); or
2) participate in and comply with workfare.
(Source: Amended at 48 Ill. Reg. 12298, effective July 31, 2024)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.19 ENDING A VOLUNTARY QUIT DISQUALIFICATION (REPEALED)
Section 121.19 Ending a
Voluntary Quit Disqualification (Repealed)
(Source: Repealed at 24 Ill. Reg. 4180, effective March 2, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.20 CITIZENSHIP
Section 121.20 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 – The following categories of non-citizens may
receive assistance, if otherwise eligible regardless of their time in the U.S.:
1) Lawful Permanent Resident Credited with 40 Quarters of Work
A) Aliens lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act (INA) who have worked 40 qualifying
quarters of coverage (as defined under Title II of the Social Security Act).
Effective January 1, 1997, in order for a quarter of work to count, the client
must not have received any benefits under a federal means-tested program during
that quarter.
B) Quarters of a parent count for an alien while the alien is
under age 18.
C) Quarters of a spouse count for an alien if the alien is still
married to that spouse or the spouse is deceased.
2) Veterans, Active U.S. Military Service Persons and Their
Dependents. A veteran honorably discharged from U.S. military service or a
person in active U.S. military duty and the spouse or dependent child or
children of such persons meet the citizenship requirement for SNAP if their INS
status is:
A) lawful permanent resident;
B) conditional entrant under section 203(a)(7) of INA (8 USC
1153(a)(7));
C) parolee status for at least a year under section 212(d)(5) of
INA (8 USC 1182(d)(5));
D) deportation withheld under section 243(h) of INA (8 USC 1253(h))
prior to September 30, 1996 or section 241(b)(3) of INA (8 USC 1231(b)(3)) on
or after September 30, 1996; or
E) battered spouse or child, or parent or child of a battered
person with a petition pending under section 204(a)(1)(A) or (B) (8 USC 1154(a)(1)(A)
or (B)) or section 244(a)(3) (8 USC 1641(c)) of INA. This status does not apply
if the non-citizen lives with the abuser.
c) The following non-citizens meet the citizenship requirement
for SNAP indefinitely even if their status later changes to lawful permanent
resident:
1) refugees admitted under section 207 of INA (8 USC 1157);
2) asylees
admitted under section 208 of INA (8 USC 1158);
3) persons for whom deportation has been withheld under section
243(h) of INA (8 USC 1253(h)) prior to September 30, 1996 or section 241(b)(3)
of INA (8 USC 1231(b)(3)) on or after September 30, 1996;
4) Cuban or Haitian national admitted on or after 4/21/80;
5) Amerasians from Vietnam and their close family members
admitted through the Orderly Departure Program beginning on 3/20/88;
6) Afghan
and Iraqi immigrants with special immigrant status under section 101(a)(27) of
INA (8 USC 1101); or
7) 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).
d) Elderly non-citizens who were lawfully residing in the U.S. on
8/22/96, and children lawfully residing in the U.S., and disabled persons
lawfully residing in the U.S. A person qualifies as elderly if the person was
age 65 on 8/22/96. A person qualifies as a child if the person is under age
18. A person qualifies as disabled/blind if the person meets one of the
requirements listed in Section 121.61(a)(1)(B) through (L). The person must
also have the following status with INS:
1) lawful permanent resident;
2) conditional entrant under section 203(a)(7) of INA (8 USC
1153(a)(7));
3) parolee status for at least a year under section 212(d)(5) of
INA (8 USC 1182(d)(5)); or
4) battered spouse or child, or parent or child of a battered
person with a petition pending under section 204(a)(1)(A) or (B) of INA (8 USC
1154(a)(1)(A) or (B)) or section 240A of INA (8 USC 1229). This status does not
apply if the non-citizen lives with the abuser.
e) Hmong or Highland Laotian tribe members and the members' close
family members. A person lawfully residing in the U.S. that was a member of a
Hmong or Highland Laotian tribe when the tribe helped U.S. personnel by taking
part in a military or rescue operation during the Vietnam era (between August
5, 1964 and May 7, 1975). This also includes the person's spouse, unmarried
surviving spouse, if deceased, and unmarried dependent children.
f) Certain American Indians born in Canada. An American Indian
born in Canada to whom the provisions of section 289 of INA (8 USC 1359) apply,
and a member of an Indian tribe as defined in section 4e of the Indian
Self-Determination and Education Assistance Act (25 USC 5304).
g) Noncitizens who have lived in the U.S. for at least 5 years in
the following status with INS may receive assistance, if otherwise eligible:
1) lawful permanent
resident;
2) conditional entrant
under section 203(a)(7) of INA (8 USC 1153);
3) parolee
status for at least a year under section 212(d)(5) of INA (8 USC 1182); or
4) battered
spouse or child, or parent or child of a battered person with a petition
pending under section 204(a)(1)(A) or (B) of INA (8 USC 1154(a)(1)(A) or (B))
or section 240A of INA (8 USC 1229). This status does not apply if the
noncitizen lives with the abuser.
(Source: Amended at 44 Ill.
Reg. 9944, effective May 20, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.21 RESIDENCE
Section 121.21 Residence
a) Only those persons who are legally admitted to the United
States can be found to be residents of the State of Illinois.
b) Applicants must live in the county/district in which they are
applying. Intent to remain permanently and duration of residence are not
eligibility requirements.
c) During the certification period, eligible households that move
between Illinois counties do not have to reapply for benefits in their new
county of residence.
(Source: Amended at 9 Ill. Reg. 14334, effective September 6, 1985)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.22 SOCIAL SECURITY NUMBERS
Section 121.22 Social
Security Numbers
a) With the exception of categorically eligible households and
households entitled to expedited service, all members of the food stamp
household must furnish to the Department social security numbers (SSNs) or
provide proof of application for a SSN.
b) Households entitled to expedited services are asked to provide
a SSN or provide proof of application for a SSN prior to the authorization of
the household's first month of benefits. If the household member or members do
not have one prior to the authorization of the next month's issuance, the
member or members shall be allowed to participate for the full month while
awaiting receipt of the SSN. The provisions of (c), (f), (g) and (h) of this
Section are applicable to households entitled to expedited service. However,
verification of the SSN is not required prior to certification of expedited
service.
c) If more than one social security number has been assigned to
any individual, all numbers must be furnished. If a social security number
cannot be furnished either because a social security number has not been issued
or is not known, application must be made for a social security number.
d) For regular application processing and when a new member is
added, household members that have applied for a SSN are allowed to participate
for one full month of benefits. If the initial month of benefits is prorated,
the household member may participate for the initial month of prorated benefits
and the first full month of benefits. If the SSN is not received by the end of
the household member's first full month of participation, the household member
is disqualified unless good cause exists. See subsections (g) and (h) for good
cause definition.
e) Foodstamp units with a newborn have until their next
recertification or six months from the date of the infant's birth, whichever is
later, to submit proof of application for a SSN for the infant.
f) A household member who refuses to furnish the social security
number to the Department, refuses to allow verification such as a social
security card or W-2 Form or refuses to apply for a social security number is
ineligible to participate in the food stamp program until the requirement is
met.
g) Good cause for failure to provide a SSN exists if the
household member can provide documentary evidence that the household member has
applied for the number and made every effort to supply the Social Security
Administration (SSA) with any necessary information such as a birth certificate.
If the household does show good cause, benefits are allowed pending receipt of
the SSN card.
h) A household member who has provided any needed information
will not be disqualified if the SSN is not received from the Social Security
Administration within the prescribed time limits.
(Source: Amended at 22 Ill. Reg. 20099, effective November 1, 1998)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.23 WORK REGISTRATION/PARTICIPATION REQUIREMENTS
Section 121.23 Work
Registration/Participation Requirements
a) All nonexempt adults who are eligible members of a SNAP
household shall register for employment and accept suitable employment.
Compliance with this requirement is a prerequisite to certification and program
benefits shall not be granted conditionally prior to registration by nonexempt
household members. However, under expedited services, the applicant must
register but registration of other members may be postponed.
b) All nonexempt individuals must register in the following
circumstances:
1) prior to initial certification;
2) for a new household member, prior to addition to the case;
3) once every 12 months; and
4) when as a result of a change which the household is required
to report, a member loses exempt status. (See 89 Ill. Adm. Code 102.50(c).)
c) Participation in TANF work and training activities shall meet
the SNAP work registration requirement.
d) Registration with a Refugee Placement Agency or Illinois Job
Service for Refugee Assistance/SNAP recipients shall meet the SNAP work
registration requirements.
e) Each household member who is required to register for
employment is also required to:
1) participate in a TANF work and training program, if receiving
TANF benefits, in accordance with 89 Ill. Adm. Code 112.72;
2) respond to requests for supplemental information regarding
employment status or availability for work;
3) report to employers to whom referred;
4) accept a bona fide offer of suitable employment (see Section
121.28(b) for a definition of "suitable employment"); and
5) not voluntarily quit a job or reduce work hours without good
cause (see Section 121.28(a) for definition of "good cause").
(Source: Amended at 44 Ill.
Reg. 5348, effective March 11, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.24 INDIVIDUALS EXEMPT FROM WORK REGISTRATION REQUIREMENTS
Section 121.24 Individuals
Exempt From Work Registration Requirements
a) Individuals
receiving TANF who are required to participate in the TANF work and training
program in accordance with 89 Ill. Adm. Code 112.71 and 112.72 are not exempt
from SNAP work registration requirements unless they have a child under age
six.
b) Individuals not receiving TANF who are listed below are exempt
from SNAP work registration requirements, but may, if they wish, voluntarily
register:
1) ineligible
household members;
2) parent or other household member having responsibility for the
care of a dependent child or children under age six or the care of an
incapacitated person or persons;
3) persons
under age 16 or age 60 or over;
4) a person age 16 or 17 who is not the primary wage earner or is
attending school or enrolled in a training program on at least a half-time
basis;
5) a
person who is temporarily ill or chronically ill;
A) A person is temporarily ill, when determined by the local
office, on the basis of medical evidence (for example, statement from a medical
provider) or on another sound basis that the illness or injury is serious
enough to temporarily prevent the person from engaging in employment. Minor
ailments and injuries such as colds, broken fingers or rashes are not serious
enough, normally, to exempt the individual under this criterion. A sound basis
for exemption from engaging in employment on a temporary basis includes, but is
not limited to:
i) the
observation of a cast on a broken leg; or
ii) information, provided by the client, of a scheduled surgery
or recuperation from surgery;
B) A person is chronically ill, as determined by the local office,
when a physician or licensed or certified psychologist finds that a physical or
mental impairment, either by itself or in conjunction with age or other
factors, prevents the person from engaging in employment;
C) When a person is determined either temporarily or chronically
ill, the exemption shall continue until further action is taken by the
Department. When the exemption is initially granted, the Department will
establish a date as to when the condition warranting the exemption is expected
to end or when the case will be reevaluated to determine whether the exempted
person continues to be exempt under the same procedures as for the initial
determination of exemption, with appropriate notice to the person that a
reevaluation is necessary.
6) any drug addict or alcoholic who regularly participates in a
drug or alcoholic treatment and rehabilitation program;
7) persons who are engaged in gainful employment, employed or
self-employed at least 30 hours per week or receiving weekly earnings
equivalent to or greater than the Federal Minimum Wage multiplied by 30 hours
and migrant and seasonal farm-workers under a contract to begin employment
within 30 days after application;
8) persons receiving Unemployment Insurance (UI) or who have
applied for UI if required to register for Job Service as part of the UI
application process;
9) students
enrolled at least half-time in any recognized:
A) school;
B) training
program; or
C) institution of higher education and who have met one of the
eligibility requirements set forth in Section 121.75(a).
(Source: Amended at 44 Ill.
Reg. 5348, effective March 11, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.25 FAILURE TO COMPLY WITH WORK PROVISIONS
Section 121.25 Failure to
Comply with Work Provisions
a) An individual who, without good cause, fails to comply with
the work registration requirements (see Section 121.23) or who voluntarily
quits a job or reduces work hours (see Section 121.27) will be sanctioned from
receiving SNAP.
b) An individual who fails to comply with the work provisions is
an ineligible household member (see Section 121.31(h)).
c) Good cause includes circumstances beyond the member's control
such as, but not limited to, illness, illness of another household member
requiring the presence of the member, lack of transportation, a household
emergency or the lack of adequate child care for children ages six through 11,
as defined in Section 121.75(a)(4).
(Source: Amended at 44 Ill. Reg. 5348, effective March 11, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.26 PERIODS OF SANCTION
Section 121.26 Periods of
Sanction
a) If an individual fails to comply with work registration
requirements (Section 121.23), or fails to comply with TANF work and training
requirements (89 Ill. Adm. Code 112.72), or voluntarily quits a job or reduces
work hours (Section 121.27), a sanction shall be imposed on that individual
for:
1) 3 months for the first violation;
2) 3 months for the second violation; and
3) 6 months for the third or subsequent violations.
b) The
period of sanction may end early if:
1) the individual becomes exempt from the requirements; or
2) the individual is no longer a household member. However, if
the individual becomes part of another household, the remainder of that
sanction period will still be in effect, and that individual's income will be
calculated for the new household in accordance with Section 121.73.
c) Participation may be resumed following the end of the last
fiscal month of the sanction period if:
1) an application is filed (if the case was canceled as a result
of the sanction), or a request is made to add the individual to an active case
(if the case remained eligible when the individual was sanctioned); and
2) the individual complies with the program requirements for
which the individual was sanctioned; and
3) all other eligibility requirements are met.
(Source: Amended at 44 Ill.
Reg. 5348, effective March 11, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.27 VOLUNTARY JOB QUIT/REDUCTION IN WORK HOURS
Section 121.27 Voluntary Job
Quit/Reduction in Work Hours
a) If, within 60 days before the date of initial application, a
member of the food stamp household has, without good cause voluntarily quit his
or her job, or voluntarily reduced work hours to less than 30 hours per week,
the individual is subject to a sanction (see Section 121.29 for exemptions).
b) If a member of a participating food stamp household has,
without good cause, voluntarily quit his or her job or voluntarily reduced work
hours to less than 30 hours per week, the individual is subject to a sanction
(see Section 121.29 for exemptions).
c) A federal, State or local government employee who participates
in a strike against such government and is dismissed from his or her job
because of participation in the strike is considered to have voluntarily quit
his or her job without good cause.
d) If questionable information is provided (i.e., inconsistent
with information previously supplied by the household or other information
available to the local office) regarding whether a household member has voluntarily
quit employment or voluntarily reduced work hours, verification from sources
such as a previous employer, employee associations, and union representatives,
etc., shall be required.
(Source: Amended at 24 Ill. Reg. 4180, effective March 2, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.28 GOOD CAUSE FOR VOLUNTARY JOB QUIT/REDUCTION IN WORK HOURS
Section 121.28 Good Cause
for Voluntary Job Quit/Reduction in Work Hours
a) Circumstances beyond the person's control, including but not
limited to:
1) illness;
2) illness of another household member requiring the presence of
the individual;
3) a household emergency;
4) lack of transportation; or
5) lack of adequate child care for children age 6 through 11 as
defined in Section 121.75(a)(3).
b) Resignation from a job which is considered
"unsuitable" or becomes "unsuitable" after acceptance of
the job. Employment is considered "unsuitable" if:
1) wages are below federal or State minimum wage;
2) the person is required to join or refrain from joining a labor
union;
3) the work site is subject to a strike or lockout;
4) the degree of risk to health or safety is unreasonable;
5) the person is physically or mentally unable to perform the
employment;
6) the distance from the member's home to the place of employment
is unreasonable (daily commuting exceeds two hours a day).
c) Discrimination by employer based on age, race, sex, color,
handicap, religious beliefs, national origin or political beliefs.
d) Work demands or conditions that make it unreasonable to
continue employment, including, but not limited to, a person working and not
being paid on schedule.
e) Acceptance of new employment, requiring that the person leave
the current job.
f) Acceptance by any other household member of employment in a
different county, requiring that the household move and that the person leave
the job.
g) Educational enrollment, at least half time, in any recognized
school, training program or institution of higher education.
h) Educational enrollment of another household member in a
different county, requiring that the household move and that the person leave
the job. Enrollment must be at least half time in any recognized school,
training program or institution of higher education.
i) Resignation from employment by a person who is under 60 which
the employer recognizes as retirement.
j) Acceptance of bona fide offer of employment which, because of
circumstances beyond the person's control, does not materialize, turns out to
be less than 20 hours a week, or pays less than the federal minimum wage times
20 hours per week.
k) Leaving a job in connection with patterns of employment, e.g.
migrant farm labor.
(Source: Amended at 24 Ill. Reg. 4180, effective March 2, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.29 EXEMPTIONS FROM VOLUNTARY QUIT/REDUCTION IN WORK HOURS RULES
Section 121.29 Exemptions
from Voluntary Quit/Reduction in Work Hours Rules
a) The hours of employment are reduced by the employer;
b) Termination of self-employment enterprise;
c) Employer demands that person resign from job; and
d) The person is exempt from the work registration requirements.
(Source: Amended at 24 Ill. Reg. 4180, effective March 2, 2000)
SUBPART C: FINANCIAL FACTORS OF ELIGIBILITY
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.30 UNEARNED INCOME
Section 121.30 Unearned
Income
a) All currently available unearned income that is not specified
as exempt shall be considered in the determination of eligibility and benefit
amount for SNAP benefits.
b) The penalty amount imposed for failure to comply with a
federal, State or local welfare cash assistance program requirement is considered
available unearned income in the determination of eligibility and benefit
amount. This includes:
1) monies recouped under the Temporary Assistance for Needy
Families Program or the federal Supplementary Security Income Program as the
result of a conviction for criminal or civil fraud under Section 8A-2 or 8A-7
of the Illinois Public Aid Code [305 ILCS 5/8A-2 or 8A-7]; or
2) the amount of cash assistance benefits withheld from the
household due to a failure to comply with requirements of a federal, State or
local welfare cash assistance program.
c) 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.
(Source: Amended at 34 Ill.
Reg. 7265, effective May 10, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.31 EXEMPT UNEARNED INCOME
Section 121.31 Exempt
Unearned Income
The following unearned income is
exempt:
a) Vendor payments when these are made in behalf of a household
by a nonhousehold member with nonhousehold funds, and paid directly to the
household's creditors or person or organization providing the service to the
household. (This includes rent and mortgage payments made to landlords or
mortgagees by Housing and Urban Development (HUD));
b) Monies that are legally obligated and otherwise payable to the
household such as, but not limited to, garnished wages, public assistance
grants directed to a protective payee, GA disbursing orders and payments
directed to a vendor, and support or alimony payments legally obligated to a
household member, but which are diverted by the provider of the payment to a
third party for a household expense, are counted as income and not excluded as
a vendor payment. The following are considered vendor payments and not
diverted income:
1) Rent paid directly to a landlord by a household's employer in
addition to paying the household its regular wages;
2) Assistance payments that would not normally be provided in a
money payment to the household, and that are over and above normal public
assistance or general assistance grants, if they are made directly to a third
party for a household expense;
3) Child support or alimony payments specified by a court order
or other legally binding agreement to go directly to a third party rather than
to a household;
4) Support payments not required by a court order or other
legally binding agreement (such as, payments in excess of an amount specified
in a court order or written agreement) which are paid to a third party rather
than to the household;
5) Public Assistance or General Assistance payments to a third
party in behalf of a household for medical, child care, or energy assistance
(Public Assistance means AFDC and AABD);
6) From October 20, 1987, to September 30, 1989, the entire
amount of Public Assistance or General Assistance payments to third parties in
behalf of a household for temporary housing, even any portion of the payment which
is part of the normal Public Assistance or General Assistance payment, provided
the housing lacks facilities for preparation and cooking of hot meals or
refrigerated food storage; and
7) Emergency Public Assistance (PA) or General Assistance (GA) payments
made directly to a third party (that is, vendor payment) on behalf of a migrant
or seasonal farmworker household while the household is in the job stream.
This assistance includes, but is not limited to, emergency vendor payments for
housing or transportation.
c) Cash donations based on need received on or after February 1,
1988, from one or more private nonprofit charitable organizations, but not to
exceed $300 in a federal fiscal year quarter;
d) Any income in the certification period which is received too
infrequently or irregularly to be reasonably anticipated, not in excess of $50 per
quarter;
e) All loans on which repayment is deferred;
f) Reimbursements for past or future expenses, to the extent they
do not exceed actual expenses and do not represent a gain or benefit to the
household. This does not include reimbursements for normal living expenses;
g) Monies received and used for the care and maintenance of a
third-party beneficiary who is not a household member. Foster care payments
are considered income to the adult or child in foster care and not income to
the household providing the foster care even if the payments are made to the
provider household rather than to the adult or child or children in foster
care. If the household chooses to include the adults and/or children in foster
care as part of the household, the entire foster care payment is considered
unearned income to the household;
h) Income of nonhousehold members except ineligible household
members who have been sanctioned for fraud or intentional program violation,
for failure to comply with work registration requirements due to a voluntary
job quit or reduction in work hours, or failure to comply with the FSE&T
program, for failure to meet the social security number requirements, because
of ineligible alien status, or due to questionable citizenship status (see
Section 121.73);
i) Payments to volunteers under the Domestic Volunteer Service
Act (42 USC 4951-4993) (VISTA) are exempt only if the individual:
1) was receiving food stamps or public assistance at the time he
or she joined VISTA; and/or
2) was receiving an exempted VISTA payment, or other subsistance
payments under Title I of the Domestic Volunteer Services Act, prior to March
1, 1979, and the volunteer contract in effect March 1, 1979, has not expired;
j) Income received from the disposition of funds to the Grand
River Band of Ottawa Indians;
k) Any income specifically excluded by any federal statute from
income consideration for food stamp purposes;
l) Unearned income such as need based payments, cash assistance,
compensation in lieu of wages and allowances through the Job Training
Partnership Act (29 USC 1501-1781);
m) Payments made by the Illinois Department of Mental Health and
Developmental Disabilities under the Family Assistance Program for Mentally
Disabled Children under P.A. 86-921;
n) Income received from the Social Security Administration under
the PASS Program;
o) Payments made under the federal Crime Act of 1984 (as amended
by P.L. 104-132, Section 234, Crime Victims Fund);
p) All educational loans, grants, scholarships, fellowships, veteran's
educational benefits, and all federal and State work study programs; and
q) Any additional payment received under Chapter 5 of Title 37,
United States Code, by a member of the United States Armed Forces deployed to a
designated combat zone shall be excluded from household income for the duration
of the member's deployment if the additional pay is the result of deployment to
or while serving in a combat zone, and it was not received immediately prior to
serving in the combat zone.
r) 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 45 Ill.
Reg. 9014, effective June 30, 2021)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.32 EDUCATION BENEFITS (REPEALED)
Section 121.32 Education
Benefits (Repealed)
(Source: Repealed at 27 Ill.
Reg. 18445, effective November 20, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.33 UNEARNED INCOME IN-KIND
Section 121.33 Unearned
Income In-Kind
Unearned income in-kind shall be
exempt when the major benefit accrues to the payer rather than to the
household.
(Source: Amended at 3 Ill. Reg. 33, p.399, effective August 18, 1979)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.34 LUMP SUM PAYMENTS AND INCOME TAX REFUNDS
Section 121.34 Lump Sum
Payments and Income Tax Refunds
a) Lump Sum Payments. Lump sum payments received on a one time
only basis are exempt as income.
b) Earned Income Tax Credits. The Earned Income Tax Credit is
exempt both as income and as an asset.
(Source: Amended at 27 Ill.
Reg. 18445, effective November 20, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.40 EARNED INCOME
Section 121.40 Earned Income
a) All currently available income which is not specified as
exempt shall be considered in the determination of eligibility and the basis of
issuance for food stamps.
b) Earned income is renumeration 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.
(Source: Amended at 6 Ill. Reg. 8159, effective July 1, 1982)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.41 BUDGETING EARNED INCOME
Section 121.41 Budgeting
Earned Income
a) When determining eligibility and level of benefits, income
received during the month in which the household applies shall be budgeted.
When recertified, income which the household anticipates receiving during the
certification period starting the month following the expiration of the current
certification period shall be budgeted.
b) The Department shall consider income already received by the
household and any anticipated income that is reasonably certain to be
received. Income received in the fiscal month prior to the fiscal month of
application shall be used as an indication only if income is stable.
Anticipated income shall be counted only in the month received. Income which
is not certain to be received either on amount or date shall not be counted.
c) Households anticipating variable income over the certification
period shall have their income averaged.
d) The earned income of special situation households shall be
treated as follows:
1) Self Employed
A) Self-employment income which represents a household's annual
income shall be averaged over a 12-month period even if the income is received
within a shorter period of time during the 12 months.
B) Self-employment income which is intended to meet the
household's needs for only part of the year shall be averaged over the period
of time the income is intended to cover.
2) Resident Farm Laborers
A) If resident farm laborers are paid for work done only during
the work season and such payments are anticipated to be the only source of
income during the year, the income shall be averaged over the 12-month period.
B) If the household receives advance or deferred payments during
the non-work season or has income from other sources, the income shall not be
averaged but shall reflect the actual receipt of the income.
e) School Contractual Employees
Those households that derive their income in a period of time
shorter than one year shall have that income averaged over a 12-month period,
provided the income is not received on an hourly or piecework basis.
f) Self-Employed Farmers
A deduction is allowed from other countable household income
for the costs of producing income which exceeds the income derived from
self-employment as a farmer. An individual is considered a self-employed
farmer if annual gross proceeds of $1,000 or more are anticipated or received
from a farming enterprise.
(Source: Amended at 34 Ill.
Reg. 5295, effective April 12, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.50 EXEMPT EARNED INCOME
Section 121.50 Exempt Earned
Income
a) The earned income of a child residing in the household, who is
under 18 years of age and who is attending an elementary or secondary school,
is exempt. The exemption of this income is not altered by temporary
interruptions in school attendance, such as semester or summer vacations,
provided the child's enrollment will resume following the break.
b) The exemption in subsection (a) of this Section shall not
apply to any training allowances or educational grants received by the child.
c) The exemption in subsection (a) of this Section shall not
apply if the student is an emancipated minor or living alone.
d) Earnings from employment through the Jobs Training Partnership
Act are exempt if the individual is under age 19 and under the parental control
of another adult household member. "Parental control" refers to an
adult who has responsibility for the well-being, care and maintenance of a
child.
e) Earnings, allowances and payments under Title I of the
National and Community Service Act of 1990 are exempt. These programs include
Serve-America, Higher Education Innovative Projects, American Conservation and
Youth Corps Programs and National and Community Service Programs.
f) Earnings through employment with the United States Census 2020
are exempt.
(Source:
Amended at 44 Ill. Reg. 6984, effective April 16, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.51 INCOME FROM WORK/STUDY/TRAINING PROGRAMS
Section 121.51 Income From
Work/Study/Training Programs
a) Income received from or paid in behalf of the household by the
Work Incentive Demonstration Program (WDP), Manpower Training Program or
similar vocational and rehabilitation programs (such as programs through the
Department of Rehabilitation Services) shall be considered earned income.
b) Income received under the Adult Conservation Corps shall be
considered earned income.
c) Payments to volunteers under Title II (RSVP), Foster
Grandparents and Others) and Title III (Service Corps of Retired Executives (SCORE)
and Active Corps of Executive (ACE)) of the Domestic Volunteers Service Act is
exempt.
d) Allowances and payments to individuals participating in
programs under the Job Training Partnership Act (JTPA) (29 U.S.C. 1501 et seq.)
shall not be considered income for food stamp purposes.
e) Earnings received by individuals participating in on-the-job
training programs under the JTPA shall be considered earned income. This
provision does not apply to household members nineteen (19) years of age who
are under the parental control of another adult household member.
(Source: Amended at 12 Ill. Reg. 877, effective December 30, 1987)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.52 EARNED INCOME FROM ROOMERS OR BOARDERS
Section 121.52 Earned Income
from Roomers or Boarders
a) The income from roomers or boarders shall include all direct
payments to the household for room and meals, including contributions to the
household's shelter expenses.
b) The cost of doing business is an allowable deduction as long
as it does not exceed the amount of the payment received from the boarder and
is equal to one of the following:
1) The maximum monthly benefit amount for the size of household
that is equal to the number of boarders; or
2) The actual documented cost of providing room and meals, if the
actual cost exceeds the benefit amount.
c) Net income from boarders shall be added to any other earned
income prior to the calculation of any other deductions from income.
(Source: Amended at 34 Ill.
Reg. 7265, effective May 10, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.53 INCOME FROM RENTAL PROPERTY
Section 121.53 Income From
Rental Property
a) Income which a client receives from rental property which he
owns shall be considered earned income if the client is actively engaged in the
management of the property for an average (as determined by looking at the term
of the certification period) of at least 20 hours per week.
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) After deduction of rental expenses, the appropriate employment
expenses, and child care expenses (as specified in 89 Ill. Adm. Code 112.143,
113.125, 114.235, 120.230 and 120.355) shall be deducted to determine net
rental income.
(Source: Amended at 6 Ill. Reg. 8159, effective July 1, 1982)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.54 EARNED INCOME IN-KIND
Section 121.54 Earned Income
In-Kind
Earned income in-kind shall be
exempt.
(Source: Amended at 5 Ill. Reg. 10733, effective October 1, 1981)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.55 SPONSORS OF ALIENS
Section 121.55 Sponsors of
Aliens
a) A sponsor is a person who signed an affidavit or other
statement accepted by the U.S. Citizenship and Immigration Service (USCIS)
agreeing to support an alien as a condition of the alien's admission for
permanent residence. A sponsor is an individual, not an organization. Portions
of sponsor's income and assets are deemed available to the alien for three
years after the alien's date of entry into the United States (see
subsection(i)). The alien's date of entry is the date established by USCIS as
the date the alien was admitted for permanent residence in the United States.
The following individuals are excluded from the provisions of this Section:
1) an alien who is participating in SNAP as a member of his or
her sponsor's household;
2) an alien whose sponsor is participating in SNAP separate and
apart from the alien;
3) an alien who is sponsored by an organization or group, as
opposed to an individual; or
4) an alien who is not required to have a sponsor under the
Immigration and Nationality Act (8 USC 1101(a)(15) and 1101(a)(20)). This
includes but is not limited to a refugee, a parolee, one granted asylum and a
Cuban or Haitian entrant.
b) Certain amounts of the gross income and assets of the sponsor
or sponsor's spouse, if they live together, are deemed available (see
subsection (j)) as unearned income and assets of the individual alien applying
for or receiving SNAP benefits if:
1) the sponsor signed an affidavit of support or a similar
agreement on or after February 1, 1983, assuring the alien will not become a
public charge; and
2) the alien has been a resident of the United States for less
than three years.
c) The gross income and assets of the sponsor's spouse, if living
with the sponsor, will be counted even if the sponsor and spouse married after
the agreement was signed (see subsection (i)).
d) The gross income of the sponsor and the sponsor's spouse will be
counted even if the sponsor claims to have given up sponsorship responsibility.
e) Sponsorship Duration
1) The sponsorship responsibility continues until:
A) the three-year sponsorship period expires; or
B) the alien obtains a new sponsor; or
C) the sponsor dies.
2) When the alien obtains another sponsor, the Department will
recalculate deemed income/assets using the new sponsor's income and assets.
f) If two or more aliens are sponsored by the same sponsor, the
income of the sponsor deemed available is divided equally among the aliens
applying for or receiving SNAP benefits.
g) Alien Responsibility
1) It is the responsibility of the alien to:
A) provide the Department with any information or documentation
necessary to determine the income and assets of the sponsor (e.g., pay stubs of
earned income, checking and saving account statements);
B) obtain the necessary cooperation (in accordance with Section
121.5) of the sponsor in determining the amount of the sponsor's available
income;
C) provide the Department with the names of other aliens that the
sponsor has signed an agreement to support, for the purpose of prorating the
sponsor's deemed income;
D) report any changes in the sponsor's income, source of income,
assets and number of dependents that directly affect the eligibility and
benefit level of the alien;
E) report a change in sponsors and all required information
regarding the new sponsor's income, spouse, assets and dependents;
F) report the death of the sponsor.
2) The alien is not eligible until income/asset information is
received. However, if the alien or the alien's sponsor receives TANF, the
information concerning the sponsor's income and assets is taken from the TANF
case record.
h) Department's Responsibility
Obtain from the alien, the alien's spouse, the sponsor or the
sponsor's spouse, or from the TANF record, and document:
1) The gross income and assets of the alien's sponsor and the
sponsor's spouse (if living with the sponsor) for the fiscal month of the
alien's application for SNAP benefits.
2) The names of other aliens for whom the sponsor has signed an
affidavit of support or similar agreement, for the purpose of prorating the
sponsor's deemed income.
3) The provision of the Immigration and Nationality Act under
which the alien was admitted.
4) The date of the alien's entry or admission as a lawful
permanent resident, as established by USCIS.
5) The alien's date of birth, place of birth and alien
registration number.
6) The number of dependents claimed or that could be claimed for federal
income tax purposes by the sponsor and the sponsor's spouse (if living with sponsor).
7) The name, address and phone number of the alien's sponsor.
i) Determination of a Sponsor's Available Income
The income of the sponsor and the sponsor's spouse (if they
live together) includes all gross income except for exempt income listed in
Sections 121.31 and 121.50. Income deemed available from the sponsor and the
sponsor's spouse is budgeted monthly. If the sponsor and/or the sponsor's
spouse receive income on a yearly basis, the income is divided by 12 to arrive
at the monthly amount of income to deem available to the alien.
1) Determine the gross earned income of the sponsor and the
sponsor's spouse for the fiscal month of application.
2) Determine net earned income by multiplying the total gross
earned income by 80%.
3) Add the unearned income of the sponsor and sponsor's spouse to
the net earned income.
4) Deduct the Gross Monthly Income Eligibility Standard for a
household equal in size to the sponsor, the sponsor's spouse and any other
person claimed or that could be claimed by the sponsor or the sponsor's spouse
for income tax purposes.
5) Income remaining is deemed available to the alien.
6) Divide the sponsor's deemed income by the number of named
aliens who apply for or participate in SNAP.
7) Determine the sponsor's and the sponsor's spouse's income
using prospective budgeting in accordance with Section 121.92.
j) Determination of Sponsor's Assets
The total amount of assets available to the alien is the
total of non-exempt assets of the sponsor and the sponsor's spouse minus
$1,500. If the individual is sponsoring more than one alien, divide the deemed
assets (see Section 121.57) by the number of named aliens who apply for or
participate in SNAP.
k) Overissuance Due to Incorrect Sponsor Information
1) The sponsor and/or the alien is responsible for repayment of
overissuance of benefits as a result of incorrect information provided by the
sponsor. If the alien's sponsor had good cause or was without fault (see
Section 121.200(b)) for supplying incorrect information, the alien's household
is responsible for repayment.
2) If the sponsor did not have good cause, the Department will
decide whether to establish a claim for overissuance against the sponsor or
alien, or both (see Sections 121.200(a) and 121.150 through 121.154).
(Source: Amended at 34 Ill.
Reg. 7265, effective May 10, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.57 ASSETS
Section 121.57 Assets
a) The value of nonexempt assets shall be considered in
determining eligibility only if a household is not categorically eligible (see
Section 121.76).
b) Value of Nonexempt Assets
1) The value of nonexempt assets is the equity value (fair market
value less the amount owed), except for prepaid funeral agreements valued over
$1500.
2) The Department considers the following assets in determining
eligibility:
A) Liquid Assets
i) Liquid assets are those properties in the form of cash or
other financial instruments that are convertible to cash, such as, but not
limited to, cash on hand, money, in checking or savings accounts, credit union
accounts, savings certificates, stocks or bonds, lump-sum payments, prepaid
funeral agreements, and cash prize lottery or gambling winnings of $4,500 or
more (before taxes or amounts are withheld) won in a single game.
ii) Exempt any retirement funds in a plan, contract, or account,
described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18)
of the Internal Revenue Code of 1986 and the value of funds in a Federal Thrift
Savings Plan account as provided in section 8439 of title 5, United States
Code. Exempt any funds in a qualified tuition program described in section 529
of the Internal Revenue Code of 1986 or in a Coverdell education savings
account under section 530 of that Code. Exempt any funds and earnings from an
Achieving a Better Life Experience (ABLE) account.
B) Nonliquid Assets
Nonliquid
assets are those properties that are not in the form of cash or other financial
instruments, such as personal property, licensed vehicles, unlicensed vehicles,
buildings, land, recreational properties, and any other property not
specifically exempted in Section 121.58.
C) Assets of Sponsors of Aliens
Consider the
assets of the sponsor and the sponsor's spouse who sponsored an alien on or
after February 1, 1983 (7 CFR 272.1(g)(54) (2012)) in accordance with Section
121.55.
D) Prepaid Funeral Agreements
The value of
prepaid funeral agreements over $1500 per person is considered.
(Source: Peremptory amendment
at 48 Ill. Reg. 14986, effective October 1, 2024)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.58 EXEMPT ASSETS
Section 121.58 Exempt Assets
a) Homestead Property
1) The home and surrounding property that, exclusive of public
rights of way, is not separated from the home by intervening property owned by
others.
2) Homes that are temporarily unoccupied for reasons of
employment, training for future employment, illness, or inhabitability caused
by casualty or natural disaster, remain exempt if the household intends to
return.
3) A lot owned or being purchased by the household if the
household intends to build or is building a permanent home and the household
does not currently own a home.
b) Personal Property
Household
goods, personal effects, one burial plot per household member, and the cash
value of life insurance policies. Pension plans are exempt from consideration
as an asset, except accounts owned solely by an individual, such as an
Individual Retirement Account (IRA), 401 K or Keogh Plan, that are accessible
without a penalty for withdrawal.
c) Income Producing Property
1) Property that is annually producing income consistent with its
fair market value (including land or buildings being sold by installment
contract), even if only used on a seasonal basis.
2) Property that is essential to the employment or
self-employment of a household member, such as, farmland and work related
equipment (tools of a tradesman, farm machinery). In the case of farm property
(including land, equipment, and supplies) that is essential to the
self-employment of a household member in a farming operation, the value of the
property shall be excluded from financial resources until the expiration of the
one year period beginning on the date the member ceases to be self-employed in
farming.
3) A rental home that is used by a household for vacation
purposes at sometime during the year is an asset, unless excluded by subsection
(c)(1).
d) Disaster Relief Payments
Disaster
relief payments provided by federal, state or local government or a disaster
assistance organization.
e) Inaccessible Assets
Assets whose
cash value is not accessible to the household, such as, but not limited to:
1) irrevocable trust funds,
2) security deposits on rental property and utilities,
3) property in probate,
4) real property when a good faith effort is being made to sell
at a reasonable price,
5) jointly owned assets that cannot be practically subdivided and
are accessible only with the consent of the joint owner who refuses to give
that consent,
6) non-liquid asset or assets (see Section 121.57(b)(2)(B)) that
have a lien against it as a result of a business loan and the household is
prohibited by the security or lien agreement from selling the asset or assets,
7) monies received from the Social Security Administration under
the PASS Program that are held in a separate account, or
8) an asset that, when sold or otherwise disposed of, would net the
household less than $1500. The net is determined by subtracting the expenses
of disposing of the property from the equity value. This does not apply to
negotiable financial instruments or stocks and bonds.
f) Prorated Income
Money that has
been prorated as income, such as income of self-employed persons or students.
g) Indian Lands
Indian lands
held jointly with the tribe, or land that can be sold only with the approval of
the Bureau of Indian Affairs.
h) Federal Statute Exclusions
Assets
excluded for SNAP purposes by express provision of Federal Statute.
i) Vehicles
j) Assets of a TANF or SSI household member
All assets of a
household member who receives TANF or SSI benefits.
(Source: Amended at 38 Ill.
Reg. 4475, effective January 29, 2014)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.59 ASSET DISREGARDS
Section 121.59 Asset Disregards
a) Households
which are categorically eligible, as defined in Section 121.76, do not have to
meet the asset limits in this Section.
b) $4,250
for all households with a qualifying member, as defined in Section 121.61.
c) $2,750 for all other
households.
(Source: Peremptory Amendment at
46 Ill. Reg. 17125, effective October 3, 2022)
SUBPART D: ELIGIBILITY STANDARDS
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.60 NET MONTHLY INCOME ELIGIBILITY STANDARDS
Section 121.60 Net Monthly
Income Eligibility Standards
a) Households that are not categorically eligible whose net
monthly income does not exceed the maximum monthly income standards shall be
assigned SNAP benefits based on the net monthly SNAP income.
b) The
maximum net monthly income standards are:
|
Household
Size
|
Amount
|
|
1...........................................................
|
$ 1,255
|
|
2...........................................................
|
1,704
|
|
3...........................................................
|
2,152
|
|
4...........................................................
|
2,600
|
|
5...........................................................
|
3,049
|
|
6...........................................................
|
3,497
|
|
7...........................................................
|
3,945
|
|
8...........................................................
|
4,394
|
|
Each
additional member........................
|
449
|
Derived from
Office of Management and Budget non-farm income poverty guidelines.
(Source: Peremptory amendment at 48
Ill. Reg. 14986, effective October 1, 2024)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.61 GROSS MONTHLY INCOME ELIGIBILITY STANDARDS
Section 121.61 Gross Monthly
Income Eligibility Standards
a) Gross Monthly Income Eligibility Standards
1) The gross income standards of eligibility shall be 130 percent
of the nonfarm income poverty guidelines prescribed by the Office of Management
and Budget (see 7 CFR 273.9(a)(1)) for all households except categorical
households as defined in Section 121.76. Households that do not contain an
elderly, blind or disabled person shall be considered categorically eligible if
the household's gross income is at or below 165% of the nonfarm income poverty
guidelines. Elderly, blind or disabled households shall be considered
categorically eligible if the household's gross income is at or below 200% of
the nonfarm income poverty guidelines. Households containing a member who is
elderly, blind or disabled that are not categorically eligible will be exempt
from this gross income check (see also 7 CFR 273.9(c)), but must meet the net
income standards in Section 121.60. To qualify for increased benefits, a
household must contain a member who meets one of the following requirements:
A) A member is 60 years of age or older. An individual is
considered age 60 in the fiscal month in which he or she becomes 60.
B) A member receives Supplemental Security Income (SSI) benefits
under Title XVI of the Social Security Act. This includes a household in which
a member is receiving SSI income on a temporary or emergency basis pending a
final decision from the Social Security Administration.
C) A member receives Social Security disability or blindness
benefits under Title II (RSDI) of the Social Security Act.
D) A member receives State Supplemental Payment (SSP) due to
blindness or disability.
E) A veteran with a service-connected disability rated or paid as
totally disabled by the federal Department of Veterans Affairs (VA).
F) A veteran considered by the VA to be in need of regular aid
and attendance or permanently housebound.
G) A veteran's surviving spouse who is considered in need of aid
and attendance or considered permanently housebound by the VA or a veteran's
surviving child who is considered permanently incapable of self-support by the
VA.
H) A veteran's surviving spouse or child entitled to compensation
for a service-connected death or pension benefits for a nonservice-connected
death from the VA, if the spouse or child also has a disability considered
permanent under Social Security requirements.
I) A member receives federal, state, or local government
disability pension and is considered permanently disabled under Social Security
requirements.
J) A member receives Railroad Retirement disability benefits.
K) A member receives an annuity payment from Railroad Retirement
and is eligible for Medicare.
L) A member receives disability-related medical assistance
benefits (Categories 92, 93 and P3) under Title XIX (Medicaid) of the Social
Security Act.
2) For those veterans, surviving spouses, or children mentioned
in subsections (a)(1)(F) and (G), proof of receipt of VA disability benefits is
sufficient verification of disability. For those veterans mentioned in
subsection (a)(1)(E), a verified statement, in writing, from the VA that the individual
is totally disabled must be provided. To verify disability for those
individuals mentioned in subsection (a)(1)(H), the individual must provide a
statement from the Social Security Administration or from a physician licensed
under the Medical Practice Act of 1987 [225 ILCS 60], or a licensed or
certified psychologist under the Clinical Psychologist Licensing Act [225 ILCS
15] that the individual suffers from one of the disabilities listed in the
preamble to Section 221(i) of the Social Security Act (42 U.S.C. 421(i)) or if
the disability is obvious, by the observation of the caseworker (for example,
permanent loss of use of both hands).
3) Legally obligated child support payments paid by a household
member to, for, or on behalf of a person who is not a SNAP unit member shall be
excluded from gross income when comparing income to the gross income standard
to determine eligibility.
b) The
gross income standards are:
|
Household Size
|
Gross Income
130%
|
Gross Income
165%
|
Gross Income
200%
|
|
|
|
|
|
|
One Person
|
$1,632
|
$2,071
|
$2,510
|
|
Two Persons
|
2,215
|
2,811
|
3,406
|
|
Three Persons
|
2,798
|
3,551
|
4,303
|
|
Four Persons
|
3,380
|
4,290
|
5,200
|
|
Five Persons
|
3,963
|
5,030
|
6,096
|
|
Six Persons
|
4,546
|
5,770
|
6,993
|
|
Seven Persons
|
5,129
|
6,510
|
7,890
|
|
Eight Persons
|
5,712
|
7,249
|
8,786
|
|
Each Additional Member
|
+ 583
|
+ 740
|
+ 897
|
(Source: Peremptory amendment
at 48 Ill. Reg. 14986, effective October 1, 2024)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.62 INCOME WHICH MUST BE ANNUALIZED
Section 121.62 Income Which
Must Be Annualized
a) Self-Employment income must be annualized over a twelve month
period even if received over a shorter period of time if it represents the
household's annual income. Notwithstanding the preceding sentence, household
income resulting from the self-employment of a member in a farming operation,
who derives income from such farming operation and who has irregular expenses
(those expenses incurred less often than monthly) to produce such income, may,
at the option of the household, be calculated by averaging such income and
expenses over a 12-month period.
b) Self-employment income intended to meet the household's needs
for only part of the year shall be averaged only for that period.
c) Resident farm laborer income shall be annualized over twelve
months if it is received during the work season but is the only source of
income for the year.
d) School and other contractual employees who receive income over
a period of time shorter than one year shall have income annualized over a
twelve month period.
(Source: Amended at 13 Ill. Reg. 13619, effective August 14, 1989)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.63 DEDUCTIONS FROM MONTHLY INCOME
Section 121.63 Deductions
from Monthly Income
a) The deductions described in this Section shall be allowed in
the determination of the adjusted net monthly SNAP income.
b) Earned Income Deduction. Eighty percent of total gross earned
income is considered. See Sections 121.40 through 121.54 for a description of
earned income.
c) Standard Deduction. The standard deduction for a household
size of one through three persons is $200. The standard deduction for a
household size of four persons is $213. The standard deduction for a household
size of five persons is $250. For households of six or more persons, the
standard deduction is $287. Due to the Standard Medical Deduction Demonstration
Project, the standard deduction will be adjusted as explained in subsection (i).
d) Dependent
Care Deduction
1) The dependent care deduction consists of payments for the care
of a child or other dependent when necessary for a household member to accept
or continue employment or to seek employment in compliance with the job search
criteria or to attend training or pursue education which is preparatory for
employment (see 89 Ill. Adm. Code 112.70 through 112.83).
2) The amount of the deduction is to be determined by the actual
costs for care per month for each dependent household member.
e) Shelter
Costs Deduction
1) The shelter deduction is the amount of shelter costs that
exceeds 50% of the household's total income after the allowable deductions in
subsections (b), (c), and (d) have been made. The shelter deduction shall not
exceed $712.
2) If the household contains a member who is elderly or disabled,
as defined at 7 CFR 271.2 (2013) and Section 121.61, there is no limit on the
amount of the excess shelter deduction.
3) Shelter
costs include only the following:
A) continuing charges for the shelter occupied by the household
(rent, mortgage and other charges leading to the ownership of the shelter,
including interest on such charges);
B) property taxes, State and local assessments and insurance on
the structure itself; and
C) utility costs, as described in subsection (g).
4) Shelter costs for a home temporarily unoccupied by the
household because of employment or training away from home, illness or
abandonment caused by a natural disaster or casualty loss, if:
A) the household intends to return to the home;
B) the current occupants of the home, if any, are not claiming the
shelter costs for SNAP purposes; and
C) the home is not leased or rented during the absence of the
household.
5) Charges for repair of a home which was damaged or destroyed
due to a natural disaster. Shelter costs shall not include repair charges
which have been or will be reimbursed by private or public relief agencies,
insurance companies or any other source.
f) Homeless
Shelter Deduction
The standard
homeless shelter deduction is $190 a month for households in which all members
are homeless individuals but are not receiving free shelter throughout the
month. A homeless household with qualifying shelter expenses may choose to use
the standard homeless shelter deduction (in lieu of the shelter deduction as described
in subsection (e)), as a deduction from net income in determining SNAP
eligibility and allotments. A homeless household receiving the standard homeless
shelter deduction may not have its shelter expenses considered as part of the
shelter deduction or the standard utility allowances. A homeless household may
choose to claim actual costs under the shelter deduction instead of claiming
the standard homeless shelter deduction if actual costs are higher and
verified.
g) Utility
Costs
1) Utility costs include:
A) the cost of heating and cooking fuel, air conditioning,
electricity, water, sewerage, garbage and trash collection;
B) basic service fee for one telephone (including tax on the basic
fee) of $65; and
C) fees charged by the utility provider for initial installation.
2) Utility
deposits are not considered to be utility costs.
3) A
standard must be used if the household is billed for utilities. Federal
regulations require an annual review of the State's utility standards and
approval of the utility standard amounts by Food and Nutrition Service (FNS).
See subsection (e)(4) for households that claim utility expenses for an
unoccupied home. Households that are billed for heating or air conditioning,
or both, or heating, air conditioning and electricity, must use the air
conditioning/heating standard allowance of $532. Those households that are not
billed for air conditioning or heating but are billed for at least two other
utilities must use the limited utility standard allowance of $445. Those
households that are not billed for air conditioning or heating but are billed
for a single utility, other than telephone, must use the single utility
standard allowance of $76. If only a separately-billed telephone expense is
claimed, the basic telephone standard allowance of $65 per month will be
allowed. Households living in rental housing who are billed on a regular basis
by a landlord for costs for utilities must use the appropriate standard.
4) A
household that is billed less often than monthly for its costs for utilities
must continue to use the appropriate standard between billing months.
5) Households in public housing or privately-owned rental units
that receive a bill for over-usage are entitled to use the air
conditioning/heating standard allowance. When households (as defined at 7 CFR
273.1(a) (2013)) live together, the air conditioning/heating standard
allowance, the limited utility standard allowance, or the single utility
standard allowance, whichever is appropriate, shall be allowed for each
household that contributes toward the utility costs whether or not each household
participates in the program.
6) Households whose expense for heat or electricity, or both, is
covered by indirect energy assistance payments under the Low Income Home Energy
Assistance Program (LIHEAP) (47 Ill. Adm. Code 100) shall be entitled to the
air conditioning/heating standard allowance (7 CFR 273.9 and 273.10(d)(6) (2013)).
Households who receive a LIHEAP payment of $21 or more during the month of
application or the preceding 12-month period shall be allowed the air
conditioning/heating standard allowance (7 CFR 273.9 (2013)). The provisions
of subsection (e)(3) are applicable to households whose expenses for heating or
electricity, or both, are covered by indirect energy assistance payments.
7) A household that has both an occupied home and an unoccupied
home is entitled to only one standard. The appropriate utility standard may be
used for the home the household chooses.
h) Excess Medical Deduction. A deduction for excess medical
expenses shall be allowed for households which contain an elderly or disabled
member as defined at 7 CFR 271.2 (2013) and Section 121.61. When a qualifying
household member incurs medical expenses that are over $35 per month, the
household will be given a standard medical deduction if the expenses will not
be reimbursed by insurance or a third party. The standard medical deduction is
a result of a demonstration project authorized by USDA FNS. The standard
medical deduction is $450 a month for residents of Group Homes and $150 a month
for all other eligible households. Households whose medical expenses exceed
$485 and $185 a month, respectively, may opt to claim actual documented medical
expenses in lieu of the standard medical deduction and the amount over $35 will
be allowed as a deduction. To ensure federal costs do not increase, the standard
deduction in subsection (c) will be reduced by $4 per month for all SNAP
households.
(Source: Peremptory amendment at 48
Ill. Reg. 14986, effective October 1, 2024)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.64 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFIT AMOUNT
Section 121.64 Supplemental
Nutrition Assistance Program (SNAP) Benefit Amount
a) The monthly Supplemental Nutrition Assistance Program (SNAP)
benefit amount is determined by subtracting 30% of the adjusted net monthly
income from the maximum monthly SNAP benefit amount.
b) Maximum
Monthly SNAP Benefit Amount:
|
Household
Size
|
Amount
|
|
1...........................................................
|
$292
|
|
2...........................................................
|
$536
|
|
3...........................................................
|
$768
|
|
4...........................................................
|
$975
|
|
5...........................................................
|
$1,158
|
|
6...........................................................
|
$1,390
|
|
7...........................................................
|
$1,536
|
|
8...........................................................
|
$1,756
|
|
Each
additional member.......................
|
$220
|
c) All one and two-person households will receive a minimum
monthly food stamp benefit amount of $23.
(Source: Peremptory amendment
at 48 Ill. Reg. 14986, effective October 1, 2024)
SUBPART E: HOUSEHOLD CONCEPT
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.70 COMPOSITION OF THE ASSISTANCE UNIT
Section 121.70 Composition
of the Assistance Unit
a) The food stamp unit shall contain all members of the
household. For food stamp purposes, the definition of household is:
1) An individual living alone;
2) An individual living with others but customarily purchasing
food and preparing meals for home consumption separate and apart from others;
3) A group of individuals who live together and customarily
purchase food and prepare meals together for home consumption;
4) An individual and the individual's spouse, if present, who
meets each of the following conditions:
A) lives with others and is 60 years of age or older; and
B) is unable to buy food and prepare meals because the individual
suffers from either:
i) a disability that is considered permanent under the Social
Security Act as determined by a statement from the Social Security
Administration or a physician licensed under the Medical Practice Act of 1987
[225 ILCS 60] or a psychologist licensed under the Clinical Psychologist
Licensing Act [225 ILCS 15] or if the disability is obvious, by the observation
of the caseworker, for example, permanent loss of use of both hands; or
ii) a non-disease related severe, permanent disability. A
"non-disease related severe, permanent disability" is a disability
that may or may not be listed in the preamble to Section 221(i) of the Social
Security Act (42 U.S.C. 421(i)), but which prevents the individual from
purchasing and preparing his own meals as observed by the caseworker, or
verified by a statement from a physician licensed under the Medical Practice
Act of 1987 [225 ILCS 60] or a psychologist licensed under the Clinical
Psychologist Licensing Act [225 ILCS 15]; and
C) the gross nonexempt income of the other individuals with whom
the elderly disabled individual (and spouse) is living is not more than 165
percent of the poverty level. For information on "nonexempt gross
income", see Sections 121.30 through 121.34, 121.40, and 121.50 through
121.55.
b) Separate household status shall not be granted to:
1) A child (except a foster child) who is less than 18 years of
age and is under the parental control of an adult household member other than a
parent, unless the child purchases food and prepares meals separately and lives
with his or her own child or children or spouse.
2) A parent or parents and their child or children when the
children are age 21 or under.
3) A spouse of a member of the household.
4) A boarder. Adults and children in foster care are considered
boarders and are not required to be considered household members.
(Source: Amended at 21 Ill. Reg. 3156, effective February 28, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.71 LIVING ARRANGEMENT
Section 121.71 Living
Arrangement
All individuals receiving food
stamps in the same case must reside together.
(Source: Amended at 32 Ill.
Reg. 4813, effective March 18, 2008)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.72 NONHOUSEHOLD MEMBERS
Section 121.72 Nonhousehold
Members
Any of the following persons who
reside with a food stamp household shall not be considered household members,
but such persons may, if otherwise eligible, participate in the program as
separate households:
a) Roomers – Individuals to whom a household furnishes lodging,
but not meals, for compensation;
b) Live-in-attendants – Individuals who reside with a household
to provide medical, housekeeping, child care or other similar personal
services;
c) Students who fail to meet student eligibility requirements in
Section 121.75; and
d) Other – Individuals who share living quarters with the
household but who do not customarily purchase food and prepare meals with the
household (see Section 121.70(b) for exceptions).
(Source: Amended at 18 Ill. Reg. 14103, effective August 26, 1994)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.73 INELIGIBLE HOUSEHOLD MEMBERS
Section 121.73 Ineligible
Household Members
The income of ineligible
household members, not eligible to participate in SNAP, is used in determining
eligibility and level of benefits for the remaining eligible household
members. The assets of ineligible household members not eligible to
participate in SNAP are used in determining eligibility for the remaining
eligible household members, if the household is not categorically eligible (see
Section 121.76). The following are ineligible household members:
a) Individuals disqualified for intentional violation of the
program,
b) Individuals sanctioned due to failure to comply with the work
provisions, and
c) Individuals excluded:
1) For refusal to meet the SSN requirements of Section 121.22; or
2) As an ineligible alien.
(Source: Amended at 34 Ill.
Reg. 5295, effective April 12, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.74 STRIKERS
Section 121.74 Strikers
a) 1) A striker is anyone directly involved in:
A) a strike, or
B) a work stoppage planned by employees, including a work stoppage
because a contract expired, or
C) a slowdown planned by employees, or
D) other interruption of operations planned by employees.
2) An individual who has been or is on strike at any time during
a fiscal month is considered a striker for the fiscal month.
b) A person not directly involved in a strike who cannot work due
to the strike or who is afraid to cross the picket line because of threats of
injury or vandalism is not a striker (e.g., a member of a non-striking union or
a non-union member who cannot work due to a strike is not a striker. However,
a sympathy striker is a striker.).
c) An employee affected by a lockout is not a striker.
d) A household with a member on strike shall be ineligible to
participate in SNAP except for the following situations:
1) The striking individual is exempt from work registration
requirements for reasons other than employment on the day before the strike began.
See Section 121.29 to determine if the individual is exempt, or
2) If the striking individual is not exempt from work
registration requirements, the household must be either participating or
eligible to participate on the day before the strike began.
e) Eligibility and level of benefits for a striker household are
determined using the household's income as it was on the day before the strike
began. If eligible on the day before the strike, eligibility and level of
benefits are determined by using the greater of the striker's pre-strike income
or current income plus the non-striking household member's current income.
(Source: Amended at 34 Ill.
Reg. 5295, effective April 12, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.75 STUDENTS
Section 121.75 Students
a) To participate in the program, students between 18 and 49 who
are physically and mentally fit (i.e., do not have a permanent or temporary
disability) and are enrolled at least half-time in an institution of higher
education must meet one of the following requirements:
1) employed at least 20 hours per week and paid for this
employment or, if self-employed, employed at least 20 hours per week and earn
at least 20 times the Federal Minimum Wage;
2) approved to participate in a state or federally-funded work
study program for the school term and the individual expects to work during
that time;
3) responsible for the care of a dependent household member under
the age of six;
4) responsible for the care of a dependent household member, who
is at least age six but less than age 12, for whom child care is not available.
Child care is considered available only when:
A) the child is receiving child care services for 24 or more hours
a week; or
B) there is a household member age 18 or older, other than the
student, who is available to provide the care (for example, is unemployed and
living at home) and the member is not physically or mentally incapacitated;
5) receiving Temporary Assistance for Needy Families (TANF);
6) enrolled in a program under the Workforce Investment Act (WIA);
7) enrolled as a result of the JOBS Program under Title IV of the
Social Security Act or its successor;
8) enrolled full-time in an institution of higher education and
is a single parent or person providing parental control whose spouse is not in
the home and is responsible for the care of a dependent child under age 12;
9) enrolled in any education or training program (including
college) required by the SNAP Employment and Training Program;
10) participating in an on-the-job training program; or
11) enrolled in an employment and training program operated by a
state or local government, such as those offered by community colleges under a
career and technical education program as defined by the Carl D. Perkins Career
and Technical Education Act of 2006, or in courses of study for remedial
education, basic adult education, literacy, or English as a second language.
12) determined
to be eligible to participate in a state or federal work-study program by the
institution of higher education during the regular school year.
b) Students must continue to meet the requirements in subsection
(a) during the summer break.
c) A student is enrolled in an institution of higher education if
the student is enrolled in:
1) a business, technical, trade or vocational school that
normally requires a high school diploma or the equivalent for enrollment; or
2) regular courses at a college or university that offers degree
programs.
d) A student is subject to the special student eligibility
requirements beginning on the first day of the school term at the institution
of higher education. Student status continues through normal periods of class
attendance, vacations and recesses until:
1) the student graduates;
2) the student is expelled or suspended;
3) the student drops out of school;
4) the student does not intend to register for the next term,
excluding the summer school session (that is, the student status continues to
the end of the term for which the student is presently enrolled and he or she
does not plan to enroll for another term).
(Source: Amended at 48 Ill. Reg. 3821, effective February 29, 2024)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.76 CATEGORICALLY ELIGIBLE HOUSEHOLDS
Section 121.76 Categorically
Eligible Households
a) A categorically eligible household is:
1) A household in which all members are authorized to receive
TANF or SSI, including SSI cases in recoupment or suspension status. These
households are not subject to:
A) asset limits (see Section 121.57); or
B) gross or net income limits (see Section 121.60 and Section
121.61).
2) A household that receives a TANF funded brochure, Guide to
Services, that provides information and referrals to other services for which a
household may qualify. This brochure is provided at application and annually
thereafter. Through receipt of this TANF funded service, households with an
elderly, blind, or disabled member, as defined in Section 121.61(a)(1)(A)
through (L), whose total gross income is at or below 200% of the nonfarm income
poverty guidelines and for all other households whose total gross income is at
or below 165% are considered categorically eligible. These categorically
eligible households are not subject to:
A) asset limits (see Section 121.57); or
B) net income limits (see Section 121.60).
b) Categorical eligibility does not apply to the following:
1) a household in which a member is disqualified for an
Intentional Program Violation or a sanction for failure to comply with work
provisions; or
2) any household in which a cash prize lottery or gambling
winning of more than $4,250 (before taxes or other amounts are withheld) is won
in a single game.
(Source: Peremptory Amendment
at 46 Ill. Reg. 17125, effective October 3, 2022)
SUBPART F: MISCELLANEOUS PROGRAM PROVISIONS
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.80 FRAUD DISQUALIFICATION (RENUMBERED)
Section 121.80 Fraud
Disqualification (Renumbered)
(Source: Renumbered to Section 121.151 at 8 Ill. Reg. 5673, effective
April 18, 1984)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.81 INITIATION OF ADMINISTRATIVE FRAUD HEARING (REPEALED)
Section 121.81 Initiation of
Administrative Fraud Hearing (Repealed)
(Source: Repealed at 8 Ill. Reg. 5673, effective April 18, 1984)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.82 DEFINITION OF FRAUD (RENUMBERED)
Section 121.82 Definition of
Fraud (Renumbered)
(Source: Renumbered to Section 121.150 at 8 Ill. Reg. 5673, effective
April 18, 1984)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.83 NOTIFICATION TO APPLICANT HOUSEHOLDS (RENUMBERED)
Section 121.83 Notification
To Applicant Households (Renumbered)
(Source: Renumbered to Section 121.152 at 8 Ill. Reg. 5673, effective
April 18, 1984)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.84 DISQUALIFICATION UPON FINDING OF FRAUD (RENUMBERED)
Section 121.84
Disqualification Upon Finding of Fraud (Renumbered)
(Source: Renumbered to Section 121.153 at 8 Ill. Reg. 5673, effective
April 18, 1984)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.85 COURT IMPOSED DISQUALIFICATION (RENUMBERED)
Section 121.85 Court Imposed
Disqualification (Renumbered)
(Source: Renumbered to Section 121.154 at 8 Ill. Reg. 5673, effective
April 18, 1984)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.90 MONTHLY REPORTING AND RETROSPECTIVE BUDGETING (REPEALED)
Section 121.90 Monthly
Reporting and Retrospective Budgeting (Repealed)
(Source: Repealed at 24 Ill. Reg. 10198, effective June 27, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.91 MONTHLY REPORTING (REPEALED)
Section 121.91 Monthly
Reporting (Repealed)
(Source: Repealed at 24 Ill. Reg. 10198, effective June 27, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.92 BUDGETING
Section 121.92 Budgeting
a) All food stamp households shall have income and attendant
circumstances budgeted on a prospective basis.
b) The payment month is the fiscal month the food stamp benefits
cover.
c) The payment month for each food stamp case is determined by
the schedule in which the household is placed. The schedule also governs the
approximate availability date of the food stamp benefits.
|
SCHEDULE NUMBER
|
PAYMENT MONTH DATES
|
|
00
|
1st
through last Day of Calendar Month
|
|
01
|
1st
through last Day of Calendar Month
|
|
02
|
1st
through last Day of Calendar Month
|
|
03
|
1st
through last Day of Calendar Month
|
|
04
|
1st
through last Day of Calendar Month
|
|
05
|
16th
through 15th Day of next Calendar Month
|
|
06
|
16th
through 15th Day of next Calendar Month
|
|
07
|
16th
through 15th Day of next Calendar Month
|
|
08
|
16th
through 15th Day of next Calendar Month
|
|
09
|
16th
through 15th Day of next Calendar Month
|
|
22
|
1st
through last Day of Calendar Month
|
(Source: Amended at 27 Ill.
Reg. 7273, effective April 07, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.93 ISSUANCE OF FOOD STAMP BENEFITS
Section 121.93 Issuance of
Food Stamp Benefits
Food stamp benefits shall be
issued to the payee via an electronic benefits account established by the
Department through Electronic Benefits Transfer (EBT). The payee may access
the benefits at any participating Point-of-Sale (POS) terminal unless an
administrative remedy in Section 121.94(d) of this Part has been imposed.
(Source: Amended at 25 Ill. Reg. 11856, effective August 31, 2001)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.94 REPLACEMENT OF THE EBT CARD OR SNAP BENEFITS
Section 121.94 Replacement
of the EBT Card or SNAP Benefits
a) Replacement of the EBT Card
1) The EBT card (benefit access device) will be replaced if lost,
stolen or damaged.
2) The loss, theft or damage of the EBT card must be immediately
reported to the EBT contractor.
3) The client shall contact the Client Help Desk toll-free at
(800)678-5465, by TTY at (877)765-3459 or via the internet at http://www.Link.Illinois.gov
for replacement of the EBT card and selection of a Personal Identification
Number (PIN). A replacement card my be issued by the local office with
administrative approval.
4) Administrative remedies, as described in subsection (c) of
this Section, may be imposed following the loss, theft or damage of the EBT
card or the loss of SNAP benefits.
b) For households receiving SNAP benefits via the EBT system,
lost benefits resulting from the loss or theft of the EBT card and PIN will not
be replaced due to the client's mismanagement or presumed fraud, collusion or
cooperation in fraud.
c) Administrative Remedies
The Department
may employ any of the administrative remedies listed in this subsection (c) to
deter multiple claims of benefit loss or multiple EBT card replacements,
subject to notice to and appeal by the client. Which remedy would be applied
will be determined by such elements as the type of situation that gives rise to
the need for the remedy and the effectiveness of previously utilized remedies.
1) Charge for Replacement Card or Cards – The Department may
assess a fee for replacement of the EBT card. Such fees may increase for
subsequent replacement cards.
2) Telephone Approval – The Department may require the client to
obtain time and amount-limited telephonic approval for use of the EBT card.
The client would be required to place a call to the EBT contractor and
positively identify himself or herself. The preauthorization would be
time-limited and for a specific, preauthorized amount. The client would be
able to use the card for a period of two hours or for some other period
designated by the Department. The amount of the transaction could not exceed
the preauthorized amount and must be accomplished electronically (manual
authorization or voucher processing). Key-entered transactions or exception
processing may not be used.
3) Transaction Withdrawals – To assist a client in managing his
or her funds or to reduce the potential for fraud, the Department may limit the
amount of benefits that may be withdrawn or used per transaction per day. The
amount would not exceed $50.00 and may be lowered, as determined by the
Department to be necessary under the individual circumstances.
4) Use of Specific POS Terminals – The Department may notify a
client that it has restricted benefit access points available to the client.
The client may be restricted to accessing benefits at one or two locations,
designated by the Department. The merchant or retailer would have to obtain
telephone authorization of the transaction. Use of exception processing or
key-entered transactions would not be allowed. This determination can only be
imposed for a period not to exceed 24 months and is designed to address
situations of mismanagement, fraud, multiple replacement requests and
intentional program violations.
5) Use of Protective or Alternate Payee – Repeated loss of the
EBT card and PIN is a basis for a determination of client mismanagement and
authorization of a Protective Payment Plan (PPP).
d) Other Remedies
The Department
may use other remedies to reduce future claims and to address fraud, abuse,
collusion or intentional program violations, as warranted by the individual
case circumstances. Those remedies may include, but shall not be limited to:
1) disqualification;
2) penalties, fines and/or imprisonment consistent with federal
and State law and regulations; and
3) referrals to federal law enforcement authorities, when
appropriate.
(Source: Amended at 33 Ill.
Reg. 14121, effective September 22, 2009)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.95 RESTORATION OF LOST BENEFITS
Section 121.95 Restoration
of Lost Benefits
When a household has not
received benefits to which it was entitled, such lost benefits shall be
restored. A household need not be currently eligible for benefits to be
restored. The amount restored is affected by the household's eligibility for
the months in question, the allotment which should have been received and
whether or not there is a claim for repayment which is unpaid or held in
suspense.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.96 USES FOR SNAP BENEFITS
Section 121.96 Uses for SNAP
Benefits
a) SNAP benefits shall be used to purchase eligible food from
food retailers and/or wholesalers and for qualified individuals to use at
approved restaurants participating in the Restaurant Meals Program authorized
by the United States Department of Agriculture (USDA) to accept SNAP benefits.
b) SNAP benefits may be used to purchase seeds and plants for use
in gardens to produce food for personal consumption.
c) SNAP benefits may not be used to:
1) purchase alcoholic beverages and tobacco
2) pay back grocery bills (incurred prior to receipt of SNAP
benefits.)
3) purchase hot foods or hot food products which can be eaten
immediately and that are sold in retail food stores, except as indicated in
section (e) below.
d) Households that do not reside in permanent dwellings or have
no fixed mailing address may use their SNAP benefits to purchase meals prepared
for and served by USDA authorized public or private nonprofit establishments
which feed such individuals and public or private nonprofit shelters which
provide temporary residence (except that such establishments and shelters may
only request voluntary use of SNAP benefits by such individuals and may not
request such households to pay more than the average cost of the food contained
in a meal served by the establishment or shelter. "Average cost"
refers to direct costs, through purchases of food used in preparation of
meals. For purposes of this rule, "average cost" shall be determined
by averaging costs over a period of one calendar month.).
AGENCY NOTE: In accordance with 7 CFR 272.9, the Department shall
approve public and private nonprofit establishments and shelters serving the
homeless if the establishment shelter serves meals to the homeless. The Food
and Nutrition Service of USDA shall authorize as retail food stores, those
establishments and shelters which apply and qualify for authorization to accept
SNAP benefits from homeless recipients in accordance with 7 CFR 278.1 and
278.2.
e) The Restaurant Meals Program (RMP) permits SNAP households who
are homeless or whose members are all elderly (60 or older) and/or disabled and
their spouses with the ability to use their Electronic Benefit Transfer (EBT)
card to purchase prepared food at concession prices (prices for meals sold to
SNAP customers that are below the regular menu price) from restaurants
authorized by USDA Food and Nutrition Services (FNS) and contracted with the
Illinois Department of Human Services (IDHS) to participate in the program.
The EBT system will electronically identify an eligible recipient at the point
of sale.
(Source: Amended at 46 Ill.
Reg. 2131, effective January 21, 2022)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.97 SUPPLEMENTAL PAYMENTS
Section 121.97 Supplemental
Payments
Individuals determined eligible
for State Supplemental Payments (SSP) may be eligible for food stamps.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.98 CLIENT TRAINING BROCHURE FOR THE ELECTRONIC BENEFITS TRANSFER (EBT) SYSTEM
Section 121.98 Client
Training Brochure for the Electronic Benefits Transfer (EBT) System
a) A Client Training Brochure will be provided to all cash and
food stamp applicants.
b) Clients will be provided instructions including, but not
limited, to:
1) the appropriate use and security of the EBT card and PIN;
2) client liabilities for benefit loss;
3) information on transaction limitations and charges;
4) client responsibility for reporting loss or theft of the EBT
card and to whom and how such reports should be made;
5) information on the services available from the Client Help
Desk;
6) proper care and protection of the EBT card;
7) replacement card policy; and
8) how to report problems with the EBT card or EBT system
equipment.
(Source: Amended at 32 Ill. Reg. 9621,
effective June 23, 2008)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.105 STATE FOOD PROGRAM (REPEALED)
Section 121.105 State Food
Program (Repealed)
(Source: Repealed at 23 Ill. Reg. 3374, effective March 1, 1999)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.107 NEW STATE FOOD PROGRAM
Section 121.107 New State
Food Program
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, and his or her derivative family members, as
defined in 8 USC 1101(a)(15)(T) and (a)(15)(U), who are ineligible for the
federal Supplemental Nutrition Assistance Program (SNAP) solely on the basis
that they do not meet citizenship requirements (see Section 121.20) may qualify
for the New State Food Program.
a) The Department will determine that an applicant for the State
Food Program is eligible for benefits if the applicant meets the income
guidelines (see Sections 121.60 and 121.61) and is otherwise eligible. The
monthly benefit amount is determined by using the maximum benefit amount for
the household size minus the monthly benefit amount received by the eligible
persons using the regular SNAP calculation.
b) Persons who are a foreign-born victim of trafficking, torture,
or other serious crimes and his or her derivative family members are eligible
for the New State Food Program if he or she:
1) 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;
2) 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
3) has filed or is preparing to file a formal application with
the appropriate federal agency for status under 8 USC 1158.
c) These persons are subject to the same work requirements and
work requirement exemptions as other recipients of federal SNAP benefits. A
person shall be exempted from any work requirements if physical or
psychological trauma related to or arising from the trafficking, torture, or
other serious crimes impedes his or her ability to comply.
d) Benefits 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.
e) A person shall be ineligible for continued State-funded food
benefits if that individual has not filed a formal application for status
pursuant to 8 USC 1101(a)(15)(T), 1101(a)(15)(U) or 1158 within one year after
the date of his or her application for food benefits under this program, unless
the Department determines, during the year of initial eligibility, that the
person:
1) experienced a health crisis;
2) has been unable, after reasonable attempts, to obtain
necessary information from a third party; or
3) has other extenuating circumstances that prevented the person
from completing his or her application for status.
(Source: Amended at
42 Ill. Reg. 8295, effective May 4, 2018)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.108 TRANSITIONAL FOOD STAMP (TFS) BENEFITS
Section 121.108 Transitional Food Stamp (TFS) Benefits
a) For
households receiving TANF and food stamps, Transitional Food Stamp (TFS)
benefits shall be provided to TANF households whose TANF assistance is being
terminated.
b) Households
that lose TANF assistance for one of the following reasons will not be eligible
for TFS benefits:
1) noncompliance
with TANF requirements;
2) moving
out of State; or
3) inability
to locate.
c) Households
are eligible to receive TFS benefits for 5 months beginning with the month of
TANF termination.
d) The
TFS monthly benefit amount will be calculated based on the food stamp allotment
the TANF household received the month before TANF assistance ended, minus the
amount of unearned income from the terminated TANF grant and adjusted for any
household members who have left the home.
e) The
amount of TFS benefits will stay the same for the 5-month TFS period unless
during the 5-month TFS period a member leaves the household or the household
reapplies and is approved for TANF.
f) Other
changes reported by the household or changes known to the Department during the
5-month TFS period will not affect the amount of TFS benefits. A household
will not be required to report changes during the TFS period.
g) Households
who believe they are eligible for more food stamp benefits have the option to
reapply and have their eligibility determined under regular food stamp program
rules (see 89 Ill. Adm. Code 121).
h) A
household may reapply at any time during the 5-month TFS period. If a
household reapplies during the TFS period:
1) an
interview will be scheduled; and
2) a
notice will be given to the household to provide required verifications within
10 days.
i) The
application for recertification will be denied and TFS benefits will continue
until the end of the TFS period if the household:
1) fails
to complete the interview process;
2) fails
to submit required verifications within the 10-day timeframe (see subsection
(h)(2) of this Section);
3) is
determined to be ineligible for the program; or
4) is
determined eligible for the regular food stamp program (see 89 Ill.
Adm. Code 121), but is entitled to benefits lower than the TFS benefit amount.
j) If a
household is determined eligible for the regular food stamp program (see 89 Ill.
Adm. Code 121), its new certification period will begin the month following the
month in which the household submitted the application for recertification.
k) A
notice will be sent to the household when the TANF termination is processed to
inform the household:
1) of
the TFS period;
2) of
the amount of TFS benefits;
3) that
changes will not have to be reported or verified during the TFS period;
4) that,
if the household has a change in circumstances that may result in an increase in
benefits, such as a decrease in income or an increase in expenses or household
size, the household may reapply under regular food stamp program rules (see 89
Ill. Adm. Code 121);
5) that,
if a member leaves the household, TFS benefits will be adjusted;
6) that,
if the household reapplies and is approved for TANF, TFS benefits will be
terminated and a recertification will be required;
7) that,
if the household chooses not to reapply and the reported changes result in a
decrease in food stamp benefits, no action will be taken to decrease benefits
until the TFS period has ended.
l) Prior
to the end of the TFS period, a notice will be sent to the household informing
them to reapply. If the household fails to reapply, their food stamp benefits
will be discontinued at the end of the TFS period.
(Source: Added at 29 Ill.
Reg. 2701, effective February 4, 2005)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.117 FARMERS' MARKET TECHNOLOGY IMPROVEMENT PROGRAM
Section 121.117 Farmers' Market Technology Improvement
Program
a) A
Farmers' Market is a nontraditional fresh food market where farmers or growers
sell a variety of fresh fruits and vegetables and other locally-grown farm
products directly to consumers.
b) The
Farmers' Market Technology Improvement Program is designed to increase access
to fresh fruits and vegetables and other Supplemental Nutrition Assistance
Program (SNAP) eligible food products by allowing Illinois Link (EBT) program
recipients to use SNAP or cash program benefits at farmer's markets.
c) As
funds for the program become available, the Illinois Department of Human
Services (DHS) together with the Illinois Department of Agriculture (DOA) will
allow Farmers' Markets to apply for grants. To qualify for this program, a
Farmers' Market must be licensed by the United States Department of
Agriculture's Food and Nutrition Service to accept SNAP benefits and must be
operating in Illinois. Grant funds must be used for one or more of the
following purposes:
1) Purchase
or rental of wireless point of sale terminals capable of processing SNAP
benefits disbursed through the Illinois LINK (EBT) program;
2) Monthly
or transaction fees associated with Illinois Link card transactions; and
3) Outreach
to Illinois Link program participants.
d) Funds may not be used
for fees related to credit or debit transactions.
e) When
funds are available, information and due dates for application may be found on
the DHS website at www.dhs.state.il.us or the
DOA website at www.agr.state.il.us.
(Source: Added at 35 Ill.
Reg. 19778, effective December 5, 2011)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.120 REDETERMINATION OF ELIGIBILITY
Section 121.120 Redetermination
of Eligibility
a) Redetermination involves the completion of an application, an
interview, a review of eligibility and cooperation in the verification of
eligibility. For simplified reporting households, see Section 121.125. The
local office shall provide the household with an opportunity to participate in
its normal issuance cycle.
b) In order to receive uninterrupted benefits, the household
must:
1) file a timely application;
A) households certified for more than two months must file an
application by the 15th calendar day of the last month of the
certification period.
B) households certified for one or two months must file an
application within 17 calendar days from the date of Notice of
Eligibility/Expiration of Certification.
2) appear for the interview that is scheduled after the
application is timely filed; and
3) provide all requested verifications within 10 calendar days
after the date the verification was requested.
c) The household is responsible for requesting another interview
if it fails to appear for the interview that was scheduled after the
application was filed.
d) The redetermination application of a SNAP unit who fails to
appear for a scheduled interview or provide requested verifications within 10
calendar days is denied.
1) If a SNAP unit cooperates before the end of the current
approval period, the application is reopened and a full month's benefit is
given for the first month of the new period.
2) If the SNAP unit cooperates after the end of the current
approval period but within 30 days after the end of the period, the application
is reopened and benefits are prorated from the date of cooperation.
e) Amount of SNAP Benefits
1) Except as provided in subsection (d)(2), households that file
the application after the last day of the previous certification period, shall
have benefits prorated from the date that the application was filed.
Households that are certified for one or two months will not have benefits
prorated if the application is filed within the 17 calendar days beginning on
the date on the Notice of Eligibility/Expiration of Certification.
2) Migrant and seasonal farmworker households shall receive a
full allotment for the month of application if the household participated in SNAP
within 30 days prior to the date of application.
f) If a redetermination application is pending and uninterrupted
benefits cannot be provided due to the ten day verification standard, then the
local office must provide benefits within five working days after the date the
household provides the verification.
(Source: Amended at 39 Ill.
Reg. 15577, effective December 1, 2015)
ADMINISTRATIVE CODE TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.125 SIMPLIFIED REPORTING
Section 121.125 Simplified Reporting
a) SNAP
households in simplified reporting are redetermined every 12 months.
b) The
following households are not included in simplified reporting:
1) households containing all adults as qualifying members with no
earned income (see 89 Ill. Adm. Code 113);
2) TANF/SNAP households with no earned income;
3) households approved for one or two months due to a likelihood
of frequent or major changes in unearned income or circumstances; and
4) households
with a member subject to the SNAP work requirement (this only applies in areas
where the person has to meet work requirement; see Section 121.18).
c) Benefits
are calculated prospectively using income averaging to determine the amount of
income to budget.
d) The household must report when gross income exceeds the
household's gross income limit (130% of the Federal Poverty Level).
e) In
the 5th month of the approval period, the client will be sent an
interim report form. Clients are required to complete, sign and return the
interim report by the due date on the form.
f) All reported changes will be acted upon. Changes reported on
the interim report will be effective the month following the month the report
is due. For changes reported other than at redetermination or interim report,
if the change results in an increase in benefits, benefits are increased for
the fiscal month following the fiscal month of report. If benefits decrease as
a result of the reported change, benefits are decreased for the first month
that can be affected following the end of the 10-day timely notice period.
g) For
other redetermination rules, see Section 121.120.
(Source: Amended at 39 Ill.
Reg. 15577, effective December 1, 2015)
|
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.130 RESIDENTS OF SHELTERS FOR BATTERED WOMEN AND THEIR CHILDREN
Section 121.130 Residents of
Shelters for Battered Women and their Children
a) Residents (i.e., battered women and their children) of public
or private non-profit residential facilities serving battered women and/or
battered women and their children are eligible for SNAP benefits if they meet
the eligibility requirements of this Part and 7 CFR 273 (1987). Residents of
facilities which have a portion of the facility set aside on a long-term basis
to serve only battered women and their children are also eligible for SNAP
benefits if they meet the eligibility requirements of this Part and 7 CFR 273
(1987).
b) Residents must meet all eligibility requirements of this Part
and 7 CFR 273 (1987) with the following special considerations:
1) The battered woman and her children are considered an
individual household in determining eligibility and the amount of SNAP benefits
(7 CFR 273.1(e)(4) (1987)).
2) If the resident is receiving SNAP benefits as a member of the
household containing the person who subjected the resident to the abuse, the resident
is certified as a separate household and will be authorized an additional
allotment (see Section 121.64) if he/she meets all other eligibility
requirements of this Part; however, the allotment will not be authorized more
than once in a fiscal month.
3) Assets held jointly by the resident and members of the former
household are exempt if the assets are not accessible to the resident without
the consent of the joint owner. Assets are totally exempt if the household is
categorically eligible (see Section 121.76).
4) Upon certification of the resident as a separate household,
the Department shall adjust the level of benefits provided to the former
household to reflect the change in household composition.
(Source: Amended at 34 Ill.
Reg. 5295, effective April 12, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.131 FLEEING FELONS AND PROBATION/PAROLE VIOLATORS
Section 121.131 Fleeing
Felons and Probation/Parole Violators
Individuals are ineligible to
receive food stamp benefits if they are:
a) fleeing the law to avoid prosecution, custody or confinement
after conviction for a crime or attempting to commit a crime that is a felony
under the law from the place from which the person is fleeing; or
b) violating a condition of probation or parole imposed under a
federal or State law.
(Source: Added at 21 Ill. Reg. 3156, effective February 28, 1997)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.135 INCORPORATION BY REFERENCE
Section 121.135
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. 3890, effective March 10, 1989)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.136 FOOD AND NUTRITION ACT OF 2008
Section 121.136 Food and Nutrition Act of 2008
Any and all references in this Part to the federal Food
Stamp Act and the federal Food Stamp Program shall, as of October 1, 2008, be
considered references to the Food and Nutrition Act of 2008 (as amended through
P.L. 110-246, effective October 1, 2008) and the Supplemental Nutrition
Assistance Program, respectively.
(Source: Added at 33 Ill.
Reg. 16875, effective November 30, 2009)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.140 SMALL GROUP LIVING ARRANGEMENT FACILITIES AND DRUG/ALCOHOLIC TREATMENT CENTERS
Section 121.140 Small Group
Living Arrangement Facilities and Drug/Alcoholic Treatment Centers
a) Small Group Living Arrangement Facilities
1) Blind or disabled recipients of benefits under Title II (42 USC
402 et seq.) or Title XVI (42 USC 1381 et seq.) of the Social Security Act
residing in a public or private non-profit group living arrangement facility that
services no more than 16 residents may voluntarily apply for SNAP benefits.
Residents of a group living arrangement facility shall either apply for SNAP
benefits and be certified through the use of an authorized representative
designated by the facility or apply for SNAP benefits on their own behalf. If
the resident applies for SNAP benefits through an authorized representative
designated by the facility (see Section 121.1), and if determined eligible for SNAP
benefits, the resident will be certified as a one-person household. If the
resident applies for SNAP benefits on his/her own behalf, the household size is
determined in accordance with Section 121.70.
2) Disabled or blind residents of a public or private non-profit
group living arrangement facility must meet all other eligibility requirements
of this Part and 7 CFR 273 (1987).
b) Drug Addict/Alcoholic Treatment Centers
1) Residents of publicly operated or private non-profit drug
addict/alcoholic treatments centers authorized by USDA pursuant to 7 CFR 278.1
and 278.2(g) (1987) to accept SNAP benefits may voluntarily apply for SNAP
benefits. Residents of a drug addict/alcoholic treatment center shall apply
for SNAP benefits and, if determined eligible, be certified as a one-person
household through the use of an authorized representative designated by the
facility (see Section 121.1). The treatment center shall receive and spend the benefit
amount for food prepared by and/or served to the addict or alcoholic.
2) Residents of publicly operated or private non-profit drug
addict/alcoholic treatment centers must meet all other eligibility requirements
of this Part and 7 CFR 273.
c) Small group living arrangements facilities and drug
addict/alcoholic treatment centers have the following responsibilities:
1) Provide the Department with a list of currently participating
residents, signed by the facility director attesting to the validity of the
list.
2) The facility/treatment center is responsible for any
misrepresentation or fraud the facility/treatment center knowingly commits (see
Section 121.150) in the certification of facility/treatment center residents.
The facility/treatment center must be knowledgeable about a household's
circumstances (e.g., income and assets) and should carefully review those
circumstances with the resident prior to applying for SNAP benefits on behalf
of a particular resident. The facility/treatment center is strictly liable for
all losses or misuse of SNAP benefits held on behalf of resident households and
for all overissuances that occur while households are residents of the
facility/treatment center.
3) The facility/treatment center must immediately (when the
change occurs) notify the local Family Community Resource Center of changes in
the resident's circumstances that may affect the resident's eligibility for SNAP
benefits, including but not limited to changes in residence, income and assets.
4) When the resident leaves the facility/treatment center, he/she
must receive his/her full SNAP benefits if already issued and if no benefits
have been spent on behalf of that individual. These procedures apply at any
time during the month. However, if any portion of the SNAP benefits have been
spent on behalf of the resident and he/she leaves the facility/treatment center
prior to the 16th day of the month, the facility/treatment center
must provide the individual with one half of his/her SNAP allotment. In either
case, the facility shall retain a receipt as proof of issuance. If the
resident leaves on or after the 16th day of the month and the benefits
have already been issued and used, he/she will not receive any benefits.
(Source: Amended at 34 Ill.
Reg. 7265, effective May 10, 2010)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.145 QUARTERLY REPORTING (REPEALED)
Section 121.145 Quarterly
Reporting (Repealed)
(Source: Repealed at 28 Ill.
Reg. 1104, effective December 31, 2003)
SUBPART G: INTENTIONAL VIOLATIONS OF THE PROGRAM
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.150 DEFINITION OF INTENTIONAL VIOLATION OF THE PROGRAM
Section 121.150 Definition
of Intentional Violation of the Program
Intentional violation of SNAP
occurs when an individual intentionally:
a) Makes a false or misleading statement.
b) Misrepresents, conceals or withholds facts, or commits any act
that constitutes a violation of the Food and Nutrition Act of 2008, SNAP
regulations, or any State statute regarding the use, presentation, transfer,
acquisition, receipt, or possession of SNAP benefits.
(Source: Amended at 33 Ill.
Reg. 14121, effective September 22, 2009)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.151 PENALTIES FOR INTENTIONAL PROGRAM VIOLATIONS (IPV)
Section 121.151 Penalties
for Intentional Program Violations (IPV)
This Section implements the
intentional program violations penalties under 7 CFR 273.16.
a) Individuals found to have intentionally violated the Supplemental
Nutrition Assistance Program (SNAP), as set forth in Section 121.153(a), shall
be disqualified from participation in the program:
1) For a period of 12 months for the first violation;
2) For a period of 24 months for the second violation; and
3) Permanently for the third violation.
b) An individual is permanently disqualified if the individual is
convicted of trafficking SNAP benefits of $500 or more.
c) An individual convicted of using or receiving SNAP benefits in
a transaction involving the sale of a controlled substance shall be
disqualified:
1) For
a period of 24 months for the first violation; and
2) Permanently for the second violation.
d) An individual is permanently disqualified if convicted of
using or receiving SNAP benefits in a transaction involving the sale of
firearms, ammunition, or explosives.
e) Except as provided under subsection (a)(3), an individual
found to have made a fraudulent statement or representation with respect to the
identity or place of residence of the individual in order to simultaneously
receive multiple SNAP benefits shall be disqualified from participation in the program
for a period of 10 years.
f) If the individual is currently participating in SNAP,
disqualification begins no later than the second fiscal month (defined at 89
Ill. Adm. Code 101.20) which follows the date the individual receives written
notice of the disqualification. Once the period of disqualification is
imposed, it continues regardless of the eligibility of the disqualified
member's household.
g) If the individual is not participating in SNAP, the
disqualification begins the month which follows the date that the individual
receives written notice of the disqualification.
(Source: Amended at 49 Ill.
Reg. 180, effective December 19, 2024)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.152 NOTIFICATION TO APPLICANT HOUSEHOLDS
Section 121.152 Notification
To Applicant Households
The household is to be informed
in writing of the disqualification penalties for intentionally violating the Supplemental
Nutrition Assistance Program each time it applies for program benefits (See 7
CFR 273.16, 89 Ill. Adm. Code 14.310 for information regarding notice of hearing
and notice of waiver; and 89 Ill. Adm. Code 14.370 for information regarding notice
of disqualification based on a hearing decision).
(Source: Amended at 49 Ill. Reg. 180, effective December 19, 2024)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.153 DISQUALIFICATION UPON FINDING OF INTENTIONAL PROGRAM VIOLATION
Section 121.153
Disqualification Upon Finding of Intentional Program Violation
a) Individuals found to have intentionally violated the program
by any one of the following methods shall be disqualified from participation in
the Supplemental Nutrition Assistance Program:
1) Decision by an administrative disqualification hearing,
2) Decision by a court of appropriate jurisdiction,
3) Signing of a waiver of a right to an administrative
disqualification hearing, or a disqualification consent agreement in cases reported
for prosecution.
b) Upon a finding of intentional program violation, the
individual is notified of the decision of disqualification. A claim for
repayment of any overissuance is initiated by the Department against the
disqualified individual's former household. Regardless of the status of the
household member at the time of the decision, the household is responsible for
repayment of any overissuance.
(Source: Amended at 49 Ill. Reg. 180, effective December 19, 2024)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.154 COURT-IMPOSED DISQUALIFICATION
Section 121.154 Court-Imposed
Disqualification
a) Individuals found guilty by a court of intentional program violation
are disqualified for the length of time specified by the court. If the court
fails to impose a specific period of disqualification, the individual is
disqualified for the time period specified in Section 121.151.
b) The Department must notify the individual in writing within 45
calendar days of the court's decision that the individual is to be
disqualified. The disqualification period shall begin no later than the second
fiscal month which follows the date the individual receives written notice of
the disqualification. The disqualification period must continue uninterrupted
until completed regardless of the eligibility of the disqualified individual's
household.
c) In cases where the determination of intentional program
violation is reversed by a court of appropriate jurisdiction, the local office will
reinstate the individual in the program if the household is currently
participating. Benefits lost as a result of the disqualification shall be
restored.
(Source: Amended at 49 Ill. Reg. 180, effective December 19, 2024)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 121
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
SECTION 121.155 REPORTING SUSPECTED FRAUD OR ABUSE
Section 121.155 Reporting Suspected Fraud or Abuse
a) Any
suspected fraud or abuse related to the Supplemental Nutrition Assistance
Program (SNAP) must be reported to the Illinois Department of Human Services
(DHS) Division of Family and Community Services (FCS) SNAP
Fraud Unit:
1) in
person or by U.S. Mail to the SNAP Fraud Unit, 600 E Ash, Bldg. 500, 5th
floor, Springfield, IL 62703;
2) or by:
A) toll
free telephone at 1-800-843-6154, 1-866-324-5553 TTY/Nextalk, or 711 TTY Relay;
B) e-mail
at DHS.SNAPFraud@illinois.gov;
C) online
at https:www.dhs.state.il.us/page.aspx?item=146937; or
D) in
person or by U.S. Mail to a family community resource center. See Office
Locator at https://www.dhs.state.il.us/page.aspx?module=12.
b) Reports
1) Reports
of suspected fraud or abuse, as explained in subsection (a), by providers,
contractors, State or other governmental employees, recipients of services, or
any other person will be accepted.
2) Reports
may be made anonymously.
3) All reports,
other than anonymous reports, will be acknowledged, either in writing, by
telephone, by e-mail, or in person, within 120 calendar days after receipt of
the report.
c) Evaluations
1) All reports
of suspected fraud or abuse will be evaluated within 120 calendar days after
receipt of the report to determine what, if any, follow-up action is
appropriate.
2) Factors
considered during the evaluation of any report include, but are not limited to:
A) source
of the allegation;
B) quality
of the evidence of wrongdoing;
C) potential
loss to the program; and
D) availability
of investigative and other resources necessary for successful follow-up on the report.
3) Follow-up
actions include, but are not limited to, the following measures:
A) When
the evaluation identifies possible criminal or civil fraud violations of SNAP
by a recipient of services or other private individual, the SNAP Fraud Unit will
initiate an investigation. Should the investigation establish evidence of a
criminal or civil fraud violation, the case will be reported to the appropriate
authorities, including but not limited to, the United States Attorney, the
Office of Attorney General, the appropriate State's Attorney, the Illinois
State Police, or local law enforcement for prosecutorial consideration.
B) When
the evaluation identifies possible administrative violation, the SNAP Fraud
Unit will initiate a review to determine the appropriate administrative
action. Administrative actions include, but are not limited to:
i) benefit
analysis;
ii) audit;
iii) eligibility
review; and
iv) administrative
disqualification process.
(Source: Added at 49 Ill. Reg. 180,
effective December 19, 2024)
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