093_HB3023sam001
LRB093 10034 DRJ 15503 a
1 AMENDMENT TO HOUSE BILL 3023
2 AMENDMENT NO. . Amend House Bill 3023 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Public Aid Code is amended by
5 changing Sections 4-2, 9A-3, 9A-5, 9A-7, 9A-8, 9A-9, 11-1,
6 and 11-20.1 as follows:
7 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
8 Sec. 4-2. Amount of aid.
9 (a) The amount and nature of financial aid shall be
10 determined in accordance with the grant amounts, rules and
11 regulations of the Illinois Department. Due regard shall be
12 given to the self-sufficiency requirements of the family and
13 to the income, money contributions and other support and
14 resources available, from whatever source. However, the
15 amount and nature of any financial aid is not affected by the
16 payment of any grant under the "Senior Citizens and Disabled
17 Persons Property Tax Relief and Pharmaceutical Assistance
18 Act" or any distributions or items of income described under
19 subparagraph (X) of paragraph (2) of subsection (a) of
20 Section 203 of the Illinois Income Tax Act. The aid shall be
21 sufficient, when added to all other income, money
22 contributions and support to provide the family with a grant
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1 in the amount established by Department regulation.
2 (b) The Illinois Department may conduct special
3 projects, which may be known as Grant Diversion Projects,
4 under which recipients of financial aid under this Article
5 are placed in jobs and their grants are diverted to the
6 employer who in turn makes payments to the recipients in the
7 form of salary or other employment benefits. The Illinois
8 Department shall by rule specify the terms and conditions of
9 such Grant Diversion Projects. Such projects shall take into
10 consideration and be coordinated with the programs
11 administered under the Illinois Emergency Employment
12 Development Act.
13 (c) The amount and nature of the financial aid for a
14 child requiring care outside his own home shall be determined
15 in accordance with the rules and regulations of the Illinois
16 Department, with due regard to the needs and requirements of
17 the child in the foster home or institution in which he has
18 been placed.
19 (d) If the Department establishes grants for family
20 units consisting exclusively of a pregnant woman with no
21 dependent child or including her husband if living with her,
22 the grant amount for such a unit shall be equal to the grant
23 amount for an assistance unit consisting of one adult, or 2
24 persons if the husband is included. Other than as herein
25 described, an unborn child shall not be counted in
26 determining the size of an assistance unit or for calculating
27 grants.
28 Payments for basic maintenance requirements of a child or
29 children and the relative with whom the child or children are
30 living shall be prescribed, by rule, by the Illinois
31 Department.
32 Grants under this Article shall not be supplemented by
33 General Assistance provided under Article VI.
34 (e) Grants shall be paid to the parent or other person
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1 with whom the child or children are living, except for such
2 amount as is paid in behalf of the child or his parent or
3 other relative to other persons or agencies pursuant to this
4 Code or the rules and regulations of the Illinois Department.
5 (f) Subject to subsection (f-5), an assistance unit,
6 receiving financial aid under this Article or temporarily
7 ineligible to receive aid under this Article under a penalty
8 imposed by the Illinois Department for failure to comply with
9 the eligibility requirements or that voluntarily requests
10 termination of financial assistance under this Article and
11 becomes subsequently eligible for assistance within 9 months,
12 shall not receive any increase in the amount of aid solely on
13 account of the birth of a child; except that an increase is
14 not prohibited when the birth is (i) of a child of a pregnant
15 woman who became eligible for aid under this Article during
16 the pregnancy, or (ii) of a child born within 10 months after
17 the date of implementation of this subsection, or (iii) of a
18 child conceived after a family became ineligible for
19 assistance due to income or marriage and at least 3 months of
20 ineligibility expired before any reapplication for
21 assistance. This subsection does not, however, prevent a
22 unit from receiving a general increase in the amount of aid
23 that is provided to all recipients of aid under this Article.
24 The Illinois Department is authorized to transfer funds,
25 and shall use any budgetary savings attributable to not
26 increasing the grants due to the births of additional
27 children, to supplement existing funding for employment and
28 training services for recipients of aid under this Article
29 IV. The Illinois Department shall target, to the extent the
30 supplemental funding allows, employment and training services
31 to the families who do not receive a grant increase after the
32 birth of a child. In addition, the Illinois Department shall
33 provide, to the extent the supplemental funding allows, such
34 families with up to 24 months of transitional child care
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1 pursuant to Illinois Department rules. All remaining
2 supplemental funds shall be used for employment and training
3 services or transitional child care support.
4 In making the transfers authorized by this subsection,
5 the Illinois Department shall first determine, pursuant to
6 regulations adopted by the Illinois Department for this
7 purpose, the amount of savings attributable to not increasing
8 the grants due to the births of additional children.
9 Transfers may be made from General Revenue Fund
10 appropriations for distributive purposes authorized by
11 Article IV of this Code only to General Revenue Fund
12 appropriations for employability development services
13 including operating and administrative costs and related
14 distributive purposes under Article IXA of this Code. The
15 Director, with the approval of the Governor, shall certify
16 the amount and affected line item appropriations to the State
17 Comptroller.
18 Nothing in this subsection shall be construed to prohibit
19 the Illinois Department from using funds under this Article
20 IV to provide assistance in the form of vouchers that may be
21 used to pay for goods and services deemed by the Illinois
22 Department, by rule, as suitable for the care of the child
23 such as diapers, clothing, school supplies, and cribs.
24 (f-5) Subsection (f) shall not apply to affect the
25 monthly assistance amount of any family as a result of the
26 birth of a child on or after January 1, 2004. As resources
27 permit after January 1, 2004, the Department may cease
28 applying subsection (f) to limit assistance to families
29 receiving assistance under this Article on January 1, 2004,
30 with respect to children born prior to that date. In any
31 event, subsection (f) shall be completely inoperative on and
32 after July 1, 2007.
33 (g) (Blank).
34 (h) Notwithstanding any other provision of this Code,
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1 the Illinois Department is authorized to reduce payment
2 levels used to determine cash grants under this Article after
3 December 31 of any fiscal year if the Illinois Department
4 determines that the caseload upon which the appropriations
5 for the current fiscal year are based have increased by more
6 than 5% and the appropriation is not sufficient to ensure
7 that cash benefits under this Article do not exceed the
8 amounts appropriated for those cash benefits. Reductions in
9 payment levels may be accomplished by emergency rule under
10 Section 5-45 of the Illinois Administrative Procedure Act,
11 except that the limitation on the number of emergency rules
12 that may be adopted in a 24-month period shall not apply and
13 the provisions of Sections 5-115 and 5-125 of the Illinois
14 Administrative Procedure Act shall not apply. Increases in
15 payment levels shall be accomplished only in accordance with
16 Section 5-40 of the Illinois Administrative Procedure Act.
17 Before any rule to increase payment levels promulgated under
18 this Section shall become effective, a joint resolution
19 approving the rule must be adopted by a roll call vote by a
20 majority of the members elected to each chamber of the
21 General Assembly.
22 (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
23 (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
24 Sec. 9A-3. Establishment of Program and Level of
25 Services.
26 (a) The Illinois Department shall establish and maintain
27 a program to provide recipients with services consistent with
28 the purposes and provisions of this Article. The program
29 offered in different counties of the State may vary depending
30 on the resources available to the State to provide a program
31 under this Article, and no program may be offered in some
32 counties, depending on the resources available. Services may
33 be provided directly by the Illinois Department or through
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1 contract. References to the Illinois Department or staff of
2 the Illinois Department shall include contractors when the
3 Illinois Department has entered into contracts for these
4 purposes. The Illinois Department shall provide each
5 recipient who participates with such services available under
6 the program as are necessary to achieve his employability
7 plan as specified in the plan.
8 (b) The Illinois Department, in operating the program,
9 shall cooperate with public and private education and
10 vocational training or retraining agencies or facilities, the
11 Illinois State Board of Education, the Illinois Community
12 College Board, the Departments of Employment Security and
13 Commerce and Community Affairs or other sponsoring
14 organizations funded under the federal Workforce Investment
15 Job Training Partnership Act and other public or licensed
16 private employment agencies.
17 (Source: P.A. 92-111, eff. 1-1-02.)
18 (305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5)
19 Sec. 9A-5. Exempt recipients.
20 (a) Exempt recipients under Section 9A-4 may volunteer
21 to participate.
22 (b) Services will be offered to exempt and non-exempt
23 individuals who wish to volunteer to participate only to the
24 extent resources permit.
25 (c) Exempt and non-exempt individuals who volunteer to
26 participate become program participants upon completion of
27 the initial assessment, development of the employability
28 plan, and assignment to a component. An exempt individual who
29 volunteers to participate may not be sanctioned for not
30 meeting program requirements. Volunteers who fail to attend
31 the orientation or initial assessment meetings or both will
32 not be sanctioned. Exempt and non-exempt individuals who
33 attend the orientation meeting and become program
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1 participants by completing the initial assessment,
2 development of the employability plan, and assignment to a
3 component may be sanctioned if they do not meet program
4 requirements without good cause.
5 (Source: P.A. 92-111, eff. 1-1-02.)
6 (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
7 Sec. 9A-7. Good Cause and Pre-Sanction Process.
8 The Department shall establish by rule what constitutes
9 good cause for failure to participate in education, training
10 and employment programs, failure to accept suitable
11 employment or terminating employment or reducing earnings.
12 The Department shall establish, by rule, a pre-sanction
13 process to assist in resolving disputes over proposed
14 sanctions and in determining if good cause exists. Good cause
15 shall include, but not be limited to:
16 (1) temporary illness for its duration;
17 (2) court required appearance or temporary
18 incarceration;
19 (3) (blank);
20 (4) death in the family;
21 (5) (blank);
22 (6) (blank);
23 (7) (blank);
24 (8) (blank);
25 (9) extreme inclement weather;
26 (10) (blank);
27 (11) lack of any support service even though the
28 necessary service is not specifically provided under the
29 Department program, to the extent the lack of the needed
30 service presents a significant barrier to participation;
31 (12) if an individual is engaged in employment or
32 training or both that is consistent with the employment
33 related goals of the program, if such employment and
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1 training is later approved by Department staff;
2 (13) (blank);
3 (14) failure of Department staff to correctly
4 forward the information to other Department staff;
5 (15) failure of the participant to cooperate
6 because of attendance at a test or a mandatory class or
7 function at an educational program (including college),
8 when an education or training program is officially
9 approved by the Department;
10 (16) failure of the participant due to his or her
11 illiteracy;
12 (17) failure of the participant because it is
13 determined that he or she should be in a different
14 activity;
15 (18) non-receipt by the participant of a notice
16 advising him or her of a participation requirement., if
17 documented by the participant. Documentation can include,
18 but is not limited to: a written statement from the post
19 office or other informed individual: the notice not sent
20 to the participant's last known address in Department
21 records; return of the notice by the post office; other
22 returned mail; proof of previous mail theft problems.
23 When determining whether or not the participant has
24 demonstrated non-receipt, the Department shall take into
25 consideration a participant's history of cooperation or
26 non-cooperation in the past. If the documented
27 non-receipt of mail occurs frequently, the Department
28 shall explore an alternative means of providing notices
29 of participation requests to participants;
30 (19) (blank);
31 (20) non-comprehension of English, either written
32 or oral or both;
33 (21) (blank);
34 (22) (blank);
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1 (23) child care (or day care for an incapacitated
2 individual living in the same home as a dependent child)
3 is necessary for the participation or employment and such
4 care is not available for a child under age 13;
5 (24) failure to participate in an activity due to a
6 scheduled job interview, medical appointment for the
7 participant or a household member, or school appointment;
8 (25) the individual is homeless. Homeless
9 individuals (including the family) have no current
10 residence and no expectation of acquiring one in the next
11 30 days. This includes individuals residing in overnight
12 and transitional (temporary) shelters. This does not
13 include individuals who are sharing a residence with
14 friends or relatives on a continuing basis;
15 (26) circumstances beyond the control of the
16 participant which prevent the participant from completing
17 program requirements; or
18 (27) (blank).
19 (b) (Blank).
20 (c) (1) The Department shall establish a reconciliation
21 procedure to assist in resolving disputes related to any
22 aspect of participation, including exemptions, good
23 cause, sanctions or proposed sanctions, supportive
24 services, assessments, responsibility and service plans,
25 assignment to activities, suitability of employment, or
26 refusals of offers of employment. Through the
27 reconciliation process the Department shall have a
28 mechanism to identify good cause, ensure that the client
29 is aware of the issue, and enable the client to perform
30 required activities without facing sanction.
31 (2) A participant may request reconciliation and
32 receive notice in writing of a meeting. At least one
33 face-to-face meeting may be scheduled to resolve
34 misunderstandings or disagreements related to program
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1 participation and situations which may lead to a
2 potential sanction. The meeting will address the
3 underlying reason for the dispute and plan a resolution
4 to enable the individual to participate in TANF
5 employment and work activity requirements.
6 (2.5) If the individual fails to appear at the
7 reconciliation meeting without good cause, the
8 reconciliation is unsuccessful and a sanction shall be
9 imposed.
10 (3) The reconciliation process shall continue after
11 it is determined that the individual did not have good
12 cause for non-cooperation. Any necessary demonstration
13 of cooperation on the part of the participant will be
14 part of the reconciliation process. Failure to
15 demonstrate cooperation will result in immediate
16 sanction.
17 (4) For the first instance of non-cooperation, if
18 the client reaches agreement to cooperate, the client
19 shall be allowed 30 days to demonstrate cooperation
20 before any sanction activity may be imposed. In any
21 subsequent instances of non-cooperation, the client shall
22 be provided the opportunity to show good cause or remedy
23 the situation by immediately complying with the
24 requirement.
25 (5) The Department shall document in the case
26 record the proceedings of the reconciliation and provide
27 the client in writing with a reconciliation agreement.
28 (6) If reconciliation resolves the dispute, no
29 sanction shall be imposed. If the client fails to comply
30 with the reconciliation agreement, the Department shall
31 then immediately impose the original sanction. If the
32 dispute cannot be resolved during reconciliation, a
33 sanction shall not be imposed until the reconciliation
34 process is complete.
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1 (Source: P.A. 90-17, eff. 7-1-97.)
2 (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
3 Sec. 9A-8. Operation of Program.
4 (a) At the time of application or redetermination of
5 eligibility under Article IV, as determined by rule, the
6 Illinois Department shall provide information in writing and
7 orally regarding the education, training and employment
8 program to all applicants and recipients. The information
9 required shall be established by rule and shall include, but
10 need not be limited to:
11 (1) education (including literacy training),
12 employment and training opportunities available, the
13 criteria for approval of those opportunities, and the
14 right to request changes in the personal responsibility
15 and services plan to include those opportunities;
16 (1.1) a complete list of all activities that are
17 approvable activities, and the circumstances under which
18 they are approvable, including work activities, substance
19 abuse or mental health treatment, activities to escape
20 and prevent domestic violence, caring for a medically
21 impaired family member, and any other approvable
22 activities, together with the right to and procedures for
23 amending the responsibility and services plan to include
24 these activities;
25 (1.2) the rules concerning the lifetime limit on
26 eligibility, including the current status of the
27 applicant or recipient in terms of the months of
28 remaining eligibility, the criteria under which a month
29 will not count towards the lifetime limit, and the
30 criteria under which a recipient may receive benefits
31 beyond the end of the lifetime limit;
32 (2) supportive services including child care and
33 the rules regarding eligibility for and access to the
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1 child care assistance program, transportation, initial
2 expenses of employment, job retention, books and fees,
3 and any other supportive services;
4 (3) the obligation of the Department to provide
5 supportive services;
6 (4) the rights and responsibilities of
7 participants, including exemption, sanction,
8 reconciliation, and good cause criteria and procedures,
9 termination for non-cooperation and reinstatement rules
10 and procedures, and appeal and grievance procedures; and
11 (5) the types and locations of child care services.
12 (b) The Illinois Department shall notify the recipient
13 in writing of the opportunity to volunteer to participate in
14 the program.
15 (c) (Blank).
16 (d) As part of the personal plan for achieving
17 employment and self-sufficiency, the Department shall conduct
18 an individualized assessment of the participant's
19 employability. Except as to participation in the Get-A-Job
20 Program, No participant may be assigned to any component of
21 the education, training and employment activity prior to such
22 assessment , provided that a participant may be assigned up
23 to 4 weeks of Job Search prior to such assessment. The plan
24 shall include collection of information on the individual's
25 background, proficiencies, skills deficiencies, education
26 level, work history, employment goals, interests, aptitudes,
27 and employment preferences, as well as factors affecting
28 employability or ability to meet participation requirements
29 (e.g., health, physical or mental limitations, child care,
30 family circumstances, domestic violence, substance abuse, and
31 special needs of any child of the individual). As part of
32 the plan, individuals and Department staff shall work
33 together to identify any supportive service needs required to
34 enable the client to participate and meet the objectives of
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1 his or her employability plan. The assessment may be
2 conducted through various methods such as interviews,
3 testing, counseling, and self-assessment instruments. In the
4 assessment process, the Department shall offer to include
5 standard literacy testing and a determination of English
6 language proficiency and shall provide it for those who
7 accept the offer. for those who display a potential need for
8 literacy or language services. For those individuals subject
9 to a job search demonstration, there may be an abbreviated
10 assessment, as defined by rule. Based on the assessment, the
11 individual will be assigned to the appropriate activity. The
12 decision will be based on a determination of the individual's
13 level of preparation for employment as defined by rule.
14 (e) Recipients determined to be exempt may volunteer to
15 participate pursuant to Section 9A-4 and must be assessed.
16 (f) As part of the personal plan for achieving
17 employment and self-sufficiency under Section 4-1, an
18 employability plan for recipients shall be developed in
19 consultation with the participant. The Department shall have
20 final responsibility for approving the employability plan.
21 The employability plan shall:
22 (1) contain an employment goal of the participant;
23 (2) describe the services to be provided by the
24 Department, including child care and other support
25 services;
26 (3) describe the activities, such as component
27 assignment, that will be undertaken by the participant to
28 achieve the employment goal; and
29 (4) describe any other needs of the family that
30 might be met by the Department.
31 (g) The employability plan shall take into account:
32 (1) available program resources;
33 (2) the participant's support service needs;
34 (3) the participant's skills level and aptitudes;
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1 (4) local employment opportunities; and
2 (5) the preferences of the participant.
3 (h) A reassessment shall be conducted to assess a
4 participant's progress and to review the employability plan
5 on the following occasions:
6 (1) upon completion of an activity and before
7 assignment to an activity;
8 (2) upon the request of the participant;
9 (3) if the individual is not cooperating with the
10 requirements of the program; and
11 (4) if the individual has failed to make
12 satisfactory progress in an education or training
13 program.
14 Based on the reassessment, the Department may revise the
15 employability plan of the participant.
16 (Source: P.A. 90-17, eff. 7-1-97; 91-331, eff. 7-29-99.)
17 (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
18 Sec. 9A-9. Program Activities. The Department shall
19 establish education, training and placement activities by
20 rule. Not all of the same activities need be provided in
21 each county in the State. Such activities may include the
22 following:
23 (a) Education (Below post secondary). In the Education
24 (below post secondary) activity, the individual receives
25 information, referral, counseling services and support
26 services to increase the individual's employment potential.
27 Participants may be referred to testing, counseling and
28 education resources. Educational activities will include
29 basic and remedial education; English proficiency classes;
30 high school or its equivalency (e.g., GED) or alternative
31 education at the secondary level; and with any educational
32 program, structured study time to enhance successful
33 participation. An individual's participation in an education
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1 program such as literacy, basic adult education, high school
2 equivalency (GED), or a remedial program shall be limited to
3 2 years unless the individual also is working or
4 participating in a work activity approved by the Illinois
5 Department as defined by rule; this requirement does not
6 apply, however, to students enrolled in high school.
7 (b) Job Skills Training (Vocational). Job Skills
8 Training is designed to increase the individual's ability to
9 obtain and maintain employment. Job Skills Training
10 activities will include vocational skill classes designed to
11 increase a participant's ability to obtain and maintain
12 employment. Job Skills Training may include certificate
13 programs.
14 (c) Job Readiness. The job readiness activity is
15 designed to enhance the quality of the individual's level of
16 participation in the world of work while learning the
17 necessary essentials to obtain and maintain employment. This
18 activity helps individuals gain the necessary job finding
19 skills to help them find and retain employment that will lead
20 to economic independence.
21 (d) Job Search. Job Search may be conducted
22 individually or in groups. Job Search includes the provision
23 of counseling, job seeking skills training and information
24 dissemination. Group job search may include training in a
25 group session. Assignment exclusively to job search cannot
26 be in excess of 8 consecutive weeks (or its equivalent) in
27 any period of 12 consecutive months.
28 (e) Work Experience. Work Experience assignments may be
29 with private employers or not-for-profit or public agencies
30 in the State. The Illinois Department shall provide workers'
31 compensation coverage. Participants who are not members of a
32 2-parent assistance unit may not be assigned more hours than
33 their cash grant amount plus food stamps divided by the
34 minimum wage. Private employers and not-for-profit and
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1 public agencies shall not use Work Experience participants to
2 displace regular employees. Participants in Work Experience
3 may perform work in the public interest (which otherwise
4 meets the requirements of this Section) for a federal office
5 or agency with its consent, and notwithstanding the
6 provisions of 31 U.S.C. 1342, or any other provision of law,
7 such agency may accept such services, but participants shall
8 not be considered federal employees for any purpose. A
9 participant shall be reassessed at the end of assignment to
10 Work Experience. The participant may be reassigned to Work
11 Experience or assigned to another activity, based on the
12 reassessment.
13 (f) On the Job Training. In On the Job Training, a
14 participant is hired by a private or public employer and
15 while engaged in productive work receives training that
16 provides knowledge or skills essential to full and adequate
17 performance of the job.
18 (g) Work Supplementation. In work supplementation, the
19 Department pays a wage subsidy to an employer who hires a
20 participant. The cash grant which a participant would
21 receive if not employed is diverted and the diverted cash
22 grant is used to pay the wage subsidy.
23 (h) Post Secondary Education. Post secondary education
24 must be administered by an educational institution accredited
25 under requirements of State law. The Illinois Department may
26 not approve an individual's participation in any
27 post-secondary education program, other than full-time,
28 short-term vocational training for a specific job, unless the
29 individual also is employed part-time, as defined by the
30 Illinois Department by rule.
31 (i) Self Initiated Education. Participants who are
32 attending an institution of higher education or a vocational
33 or technical program of their own choosing and who are in
34 good standing, may continue to attend and receive supportive
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1 services only if the educational program is approved by the
2 Department, and is in conformity with the participant's
3 personal plan for achieving employment and self-sufficiency
4 and the participant is employed part-time, as defined by the
5 Illinois Department by rule.
6 (j) Job Development and Placement. Department staff
7 shall develop through contacts with public and private
8 employers unsubsidized job openings for participants. Job
9 interviews will be secured for clients by the marketing of
10 participants for specific job openings. Job ready
11 individuals may be assigned to Job Development and Placement.
12 (k) Job Retention. The job retention component is
13 designed to assist participants in retaining employment.
14 Initial employment expenses and job retention services are
15 provided. The individual's support service needs are
16 assessed and the individual receives counseling regarding job
17 retention skills.
18 (l) (Blank).
19 (l-5) Transitional Jobs. These programs provide
20 temporary wage-paying work combined with case management and
21 other social services designed to address employment
22 barriers. The wage-paying work is treated as regular
23 employment for all purposes under this Code, and the
24 additional activities, as determined by the Transitional Jobs
25 provider, shall be countable work activities. The program
26 must comply with the anti-displacement provisions of this
27 Code governing the Work Experience program.
28 (m) Pay-after-performance Program. A parent may be
29 required to participate in a pay-after-performance program in
30 which the parent must work a specified number of hours to
31 earn the grant. The program shall comply with provisions of
32 this Code governing work experience programs.
33 (n) Community Service. Community service includes
34 unpaid work that the client performs in his or her community,
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1 such as for a school, church, government agency, or nonprofit
2 organization. A participant whose youngest child is 13 years
3 of age or older may be required to perform at least 20 hours
4 of community service per week as a condition of eligibility
5 for aid under Article IV. The Illinois Department shall give
6 priority to community service placements in public schools,
7 where participants can serve as hall and lunchroom monitors,
8 assist teachers, and perform other appropriate services.
9 (Source: P.A. 89-289, eff. 1-1-96; 90-17, eff. 7-1-97;
10 90-457, eff. 1-1-98; 90-655, eff. 7-30-98.)
11 (305 ILCS 5/11-1) (from Ch. 23, par. 11-1)
12 Sec. 11-1. No discrimination). There shall be no
13 discrimination or denial of financial aid and social services
14 on account of the race, religion, color, national origin,
15 sex, marital status, or political affiliation of any
16 applicant or recipient. This paragraph shall not prevent the
17 Department from treating individuals differently as a result
18 of the rights and responsibilities that arise under law from
19 marital status.
20 Participation in any marriage promotion or family
21 formation activity is voluntary. Non-participation shall not
22 affect any person's eligibility for or receipt of financial
23 aid or social services in any program under this Code.
24 Where financial aid or social services are granted to
25 certain classes of persons under a program for which federal
26 funds are available, nothing in this Section shall require
27 granting of financial aid or social services to other persons
28 where federal funds would not be available as to those other
29 persons.
30 (Source: P.A. 80-354.)
31 (305 ILCS 5/11-20.1) (from Ch. 23, par. 11-20.1)
32 Sec. 11-20.1. Employment; Rights of recipient and
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1 obligations of Illinois Department when recipients become
2 employed; Assistance when a recipient has employment or
3 earned income or both.
4 (a) When a recipient reports employment or earned
5 income, or both, or the Illinois Department otherwise learns
6 of a recipient's employment or earned income, or both, the
7 Illinois Department shall provide the recipient with:
8 (1) An explanation of how the earned income will
9 affect the recipient's eligibility for a grant, and
10 whether the recipient must engage in additional work
11 activities to meet the recipient's monthly work
12 activities requirement and what types of activities may
13 be approved for that purpose, and whether the employment
14 is sufficient to cause months of continued receipt of a
15 grant not to be counted against the recipient's lifetime
16 eligibility limit.
17 (2) An explanation of the Work Pays budgeting
18 process, and an explanation of how the first month's
19 income on a new job will be projected, and how the
20 recipient should report the new job to avoid the
21 Department overestimating the first month's income.
22 (3) An explanation of how the earned income will
23 affect the recipient's eligibility for food stamps,
24 whether the recipient will continue to receive food
25 stamps, and, if so, the amount of food stamps.
26 (4) The names and telephone numbers of all
27 caseworkers to whom the recipient's case or cases are
28 assigned or will be transferred, an explanation of which
29 type of case each worker will be handling, and the
30 effective date of the transfer.
31 (5) An explanation of the recipient's
32 responsibilities to report income and household
33 circumstances, the process by which quarterly reporting
34 forms are sent to recipients, where and to whom the
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1 reports should be returned, the deadline by which reports
2 must be returned, instructions on how to fill out the
3 reports, an explanation of what the recipient should do
4 if he or she does not receive the form, advice on how to
5 prove the report was returned by the recipient such as by
6 keeping a copy, and an explanation of the effects of
7 failure to file reports.
8 (6) If the recipient will continue to receive a
9 grant, an explanation of the recipient's new fiscal month
10 and a statement as to when the recipient will receive his
11 or her grant.
12 (7) An explanation of Kidcare, Family Assist,
13 Family Care, and the 12 month extension of medical
14 assistance that is available when a grant is cancelled
15 due to earned income.
16 (8) An explanation of the medical assistance the
17 person may be eligible for when the 12 month extension
18 expires and how to request or apply for it.
19 (9) An explanation of the availability of a child
20 care subsidy to all families below the child care
21 assistance program's income limit, how to apply for the
22 benefit through the Child Care Resource and Referral or
23 site-administered child care program or both, the nature
24 of the child care program's sliding scale co-payments,
25 the availability of the 10% earned income disregard in
26 determining eligibility for child care assistance and the
27 amount of the parent co-payment, the right to use the
28 subsidy for either licensed or license exempt legal care,
29 and the availability of benefits when the parent is
30 engaged in an education and training program.
31 (10) (Blank).
32 (11) (Blank).
33 (11a) (Blank).
34 (12) (Blank).
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1 (13) An explanation of the availability of payment
2 for initial expenses of employment and how to request or
3 apply for it.
4 (14) An explanation of the job retention component
5 and how to participate in it, and an explanation of the
6 recipient's eligibility to receive supportive services to
7 participate in education and training programs while
8 working.
9 (15) A statement of the types of assistance that
10 will be provided to the person automatically or continued
11 and a statement of the types of assistance for which the
12 person must apply or reapply.
13 (16) If the recipient will not continue to receive
14 a cash grant and the recipient has assigned his or her
15 right to child support to the Illinois Department, an
16 explanation of the recipient's right to continue to
17 receive child support enforcement services, the
18 recipient's right to have all current support paid after
19 grant cancellation forwarded promptly to the recipient,
20 the procedures by which child support will be forwarded,
21 and the procedures by which the recipient will be
22 informed of the collection and distribution of child
23 support.
24 (17) An explanation of the availability of payments
25 if the recipient experiences a decrease in or loss of
26 earned income during a calendar quarter as to which the
27 monthly grant was previously budgeted based upon the
28 higher income.
29 (18) If the recipient will not continue to receive
30 a cash grant, an explanation of the procedures for
31 reapplying for cash assistance if the person experiences
32 a decrease in or loss of earned income.
33 (19) An explanation of the earned income tax credit
34 and the procedures by which it may be obtained and the
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1 rules for disregarding it in determining eligibility for
2 and the amount of assistance.
3 (20) An explanation of the education and training
4 opportunities available to recipients.
5 (b) The information listed in subsection (a) shall
6 be provided to the recipient on an individual basis during an
7 in-person meeting with a representative of the Illinois
8 Department. The individual in-person meeting shall be held
9 at a time which does not conflict with the recipient's work
10 schedule within 30 days of the date the recipient begins
11 working. If the recipient informs the Illinois Department
12 that an in-person meeting would be inconvenient, the Illinois
13 Department may provide the information during a home visit,
14 by telephone, or by mail within 30 days of the date the
15 recipient begins working, whichever the client prefers.
16 (c) At the conclusion of the meeting described in
17 subsection (b), the Illinois Department shall ensure that all
18 case transfers and calculations of benefits necessitated by
19 the recipient's employment or receipt of earned income have
20 been performed, that applications have been made or provided
21 for all benefits for which the person must apply or reapply,
22 and that the person has received payment for initial expenses
23 of employment.
24 (Source: P.A. 91-331, eff. 7-29-99.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".