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1 | AN ACT concerning public aid.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | changing Sections 11-15 and 11-20.1 as follows:
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6 | (305 ILCS 5/11-15) (from Ch. 23, par. 11-15)
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7 | Sec. 11-15. Application requirements.
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8 | (1) An application for financial
aid shall be filed in | ||||||
9 | writing by the person requesting aid and, in the case
of a | ||||||
10 | request for family aid, by the head of that family, except as
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11 | otherwise permitted in paragraph (2). Applications for aid | ||||||
12 | under Articles
III, IV, and V shall be filed in writing with | ||||||
13 | any local office of the Department of Human Services the county
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14 | department of
the county in which the applicant resides in the | ||||||
15 | manner prescribed by the
Illinois Department. Applications for | ||||||
16 | aid under Article VI shall be filed
in writing with the local | ||||||
17 | governmental unit upon forms approved by the
Illinois | ||||||
18 | Department. The date of the application shall be the date it is | ||||||
19 | submitted by the applicant.
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20 | Each applicant shall provide information as to the amount | ||||||
21 | of
property, real and personal, owned by him or her within the | ||||||
22 | period of time
preceding
the application as required under | ||||||
23 | Sections 3-1.3, 4-1.11, and 5-2.1 of this
Code. The
applicant |
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1 | shall also furnish information concerning
all income, money | ||||||
2 | contributions, and other support from any source, and
the | ||||||
3 | beneficiary and the amount or cash surrender or loan value of | ||||||
4 | all
insurance policies held by himself or herself or any member | ||||||
5 | of his family
for whom aid is requested.
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6 | (2) An application, in all instances to be in writing, may | ||||||
7 | be filed
in behalf of a person considered to be in need of | ||||||
8 | financial aid under
Articles III, IV, V, or VI only if the | ||||||
9 | person
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10 | (a) has been adjudged to be under legal disability; or
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11 | (b) is unable because of minority or physical or mental | ||||||
12 | disability,
to execute the application; or
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13 | (c) in the case of need for funeral and burial, died | ||||||
14 | before an
application was filed and the application is | ||||||
15 | filed not more than 30 days
after the person's death, | ||||||
16 | excluding the day on which the death occurred.
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17 | Applications in behalf of persons specified in (a) and (b) | ||||||
18 | shall be
filed by the applicant's legal guardian or, if a
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19 | guardian has not been appointed or the applicant has no legal
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20 | guardian or the guardian is not available, by a relative or | ||||||
21 | other
person, acceptable under the rules of the Illinois | ||||||
22 | Department, who is
able to furnish the required information. | ||||||
23 | Applications in behalf of
persons specified in (c) shall be | ||||||
24 | filed by any next of kin of the deceased
who is not under legal | ||||||
25 | disability or, if there are no such next of kin or
they are | ||||||
26 | unknown or unavailable, by a person, acceptable under the rules |
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1 | of
the Illinois Department, who is able to furnish the required | ||||||
2 | information.
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3 | (3) The application shall contain a written declaration to | ||||||
4 | be signed
by the applicant, or in behalf of the applicant by a | ||||||
5 | person qualified
under paragraph (2), in substantially the | ||||||
6 | following form, the
parenthetical references being applicable | ||||||
7 | to an application filed by a
person in behalf of the applicant:
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8 | "I declare under penalties of perjury that I have examined | ||||||
9 | this form
and all accompanying statements or documents | ||||||
10 | pertaining to the income
and resources of myself (the | ||||||
11 | applicant) or any member of my family (the
applicant's family) | ||||||
12 | included in this application for aid, or pertaining
to any | ||||||
13 | other matter having bearing upon my (the applicant's) | ||||||
14 | eligibility
for aid, and to the best of my knowledge and belief | ||||||
15 | the information
supplied is true, correct, and complete".
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16 | (4) If an application for financial aid is filed for a | ||||||
17 | family, and any
person in that family is under 18 years of age, | ||||||
18 | the application shall be
accompanied by the following for each | ||||||
19 | such person under 18 years of age:
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20 | (i) a copy of the person's birth certificate, or
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21 | (ii) other reliable proof, as determined by the | ||||||
22 | Department, of the
person's identity and age.
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23 | The Illinois Department shall provide information to all | ||||||
24 | families, orally
by an intake
worker and in writing when the | ||||||
25 | application is filed, about the availability and
location of | ||||||
26 | immunization services.
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1 | (5) Once an applicant is determined eligible for aid, he or | ||||||
2 | she has the right to request to have the case transferred to | ||||||
3 | another local office of the Department of Human Services for | ||||||
4 | his or her convenience based on one of the following factors: | ||||||
5 | the location of his or her employer; the location of his or her | ||||||
6 | child care provider; access to reliable transportation; or the | ||||||
7 | location of a social service provider that he or she sees on a | ||||||
8 | regular basis. Within 5 business days after the request for | ||||||
9 | transfer, the Department shall transfer the case, assign a | ||||||
10 | caseworker, make appropriate entries in the computer system, | ||||||
11 | and issue a written notice to the recipient that includes the | ||||||
12 | name of and contact information for the caseworker. The | ||||||
13 | location of the recipient's case may be reconsidered on the | ||||||
14 | recipient's request or at the time of redetermination of | ||||||
15 | eligibility. | ||||||
16 | (6) Notwithstanding any other rulemaking authority that | ||||||
17 | may exist, neither the Governor nor any agency or agency head | ||||||
18 | under the jurisdiction of the Governor has any authority to | ||||||
19 | make or promulgate rules to implement or enforce the provisions | ||||||
20 | of this amendatory Act of the 95th General Assembly. If, | ||||||
21 | however, the Governor believes that rules are necessary to | ||||||
22 | implement or enforce the provisions of this amendatory Act of | ||||||
23 | the 95th General Assembly, the Governor may suggest rules to | ||||||
24 | the General Assembly by filing them with the Clerk of the House | ||||||
25 | and Secretary of the Senate and by requesting that the General | ||||||
26 | Assembly authorize such rulemaking by law, enact those |
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1 | suggested rules into law, or take any other appropriate action | ||||||
2 | in the General Assembly's discretion. Nothing contained in this | ||||||
3 | amendatory Act of the 95th General Assembly shall be | ||||||
4 | interpreted to grant rulemaking authority under any other | ||||||
5 | Illinois statute where such authority is not otherwise | ||||||
6 | explicitly given. For the purposes of this amendatory Act of | ||||||
7 | the 95th General Assembly, "rules" is given the meaning | ||||||
8 | contained in Section 1-70 of the Illinois Administrative | ||||||
9 | Procedure Act, and "agency" and "agency head" are given the | ||||||
10 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
11 | Administrative Procedure Act to the extent that such | ||||||
12 | definitions apply to agencies or agency heads under the | ||||||
13 | jurisdiction of the Governor. | ||||||
14 | (Source: P.A. 92-111, eff. 1-1-02.)
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15 | (305 ILCS 5/11-20.1) (from Ch. 23, par. 11-20.1)
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16 | Sec. 11-20.1. Employment; Rights of recipient and | ||||||
17 | obligations of
Illinois Department when recipients become | ||||||
18 | employed; Assistance when
a recipient has employment or earned | ||||||
19 | income or both. | ||||||
20 | (a) When a recipient reports employment or earned income, | ||||||
21 | or both, or
the Illinois Department otherwise learns of a | ||||||
22 | recipient's employment or
earned income, or both, the Illinois | ||||||
23 | Department shall provide the recipient
with:
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24 | (1) An explanation of how the earned income will affect | ||||||
25 | the
recipient's eligibility for a grant, and whether the |
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1 | recipient
must engage in additional work
activities to meet | ||||||
2 | the recipient's monthly work activities requirement and | ||||||
3 | what
types of activities may be approved for
that purpose, | ||||||
4 | and whether the employment is sufficient to cause months of
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5 | continued receipt of a grant not to be
counted against the | ||||||
6 | recipient's lifetime eligibility limit.
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7 | (2) An explanation of the Work Pays budgeting process,
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8 | and an explanation of how the first
month's income on a new | ||||||
9 | job will be projected, and how the recipient should
report | ||||||
10 | the new job to avoid the
Department overestimating the | ||||||
11 | first month's income.
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12 | (3) An explanation of how the earned income will affect | ||||||
13 | the
recipient's eligibility for food stamps, whether the | ||||||
14 | recipient will
continue to receive food stamps, and, if so, | ||||||
15 | the amount of food stamps.
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16 | (4) The names and telephone numbers of all caseworkers | ||||||
17 | to whom the
recipient's case or cases are assigned or will | ||||||
18 | be transferred, an
explanation of which type of case each | ||||||
19 | worker will be handling, and the
effective date of the | ||||||
20 | transfer.
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21 | (5) An explanation of the recipient's
responsibilities | ||||||
22 | to report income and household circumstances, the process | ||||||
23 | by
which quarterly reporting forms are
sent to recipients,
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24 | where and to whom the reports should be returned, the | ||||||
25 | deadline by which
reports must be returned, instructions on | ||||||
26 | how to fill out the reports, an
explanation of what the |
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1 | recipient should do if he or she does not receive
the form, | ||||||
2 | advice on how to prove the report was returned by the | ||||||
3 | recipient
such as by keeping a copy, and an explanation of | ||||||
4 | the effects of failure to file
reports.
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5 | (6) If the recipient will continue to receive a grant, | ||||||
6 | an explanation
of the recipient's new fiscal month and a | ||||||
7 | statement as to when the
recipient will receive his or her | ||||||
8 | grant.
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9 | (7) An explanation of Kidcare, Family Assist, Family | ||||||
10 | Care, and
the 12 month extension
of medical
assistance that | ||||||
11 | is available when a grant is cancelled due to earned | ||||||
12 | income.
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13 | (8) An explanation of the medical assistance the person | ||||||
14 | may be
eligible for when the 12 month extension expires and | ||||||
15 | how to request or
apply for it.
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16 | (9) An explanation of the availability of
a child care | ||||||
17 | subsidy to all families below the child care
assistance | ||||||
18 | program's income limit, how to apply for the benefit | ||||||
19 | through the
Child Care Resource and Referral or | ||||||
20 | site-administered child care program or
both, the nature of | ||||||
21 | the child care program's
sliding scale co-payments, the
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22 | availability of the 10% earned income disregard in | ||||||
23 | determining eligibility for
child care assistance and the | ||||||
24 | amount of
the parent co-payment, the right to use the | ||||||
25 | subsidy for either licensed or
license exempt legal care, | ||||||
26 | and the
availability of benefits when the parent is engaged |
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1 | in an education and
training program.
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2 | (10) (Blank).
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3 | (11) (Blank).
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4 | (11a) (Blank).
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5 | (12) (Blank).
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6 | (13) An explanation of the availability of payment for | ||||||
7 | initial
expenses of employment and how to request or apply | ||||||
8 | for it.
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9 | (14) An explanation of the job retention component and
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10 | how to participate in it, and an explanation of the | ||||||
11 | recipient's
eligibility to receive supportive
services to | ||||||
12 | participate in education and training programs while | ||||||
13 | working.
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14 | (15) A statement of the types of assistance that will | ||||||
15 | be provided to
the person automatically or continued and a | ||||||
16 | statement of the types of
assistance for which the person | ||||||
17 | must apply or reapply.
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18 | (16) If the recipient will not continue to receive a | ||||||
19 | cash grant and
the recipient has assigned his or her right | ||||||
20 | to child support to the
Illinois Department, an explanation | ||||||
21 | of the recipient's right to continue to
receive child | ||||||
22 | support enforcement services, the recipient's right to | ||||||
23 | have
all current support paid after grant cancellation | ||||||
24 | forwarded promptly to the
recipient, the procedures by | ||||||
25 | which child support will be forwarded, and the
procedures | ||||||
26 | by which the recipient will be informed of the collection |
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1 | and
distribution of child support.
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2 | (17) An explanation of the availability of payments if
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3 | the recipient experiences a decrease in or loss of earned | ||||||
4 | income
during a calendar quarter as to which the monthly | ||||||
5 | grant was previously
budgeted based upon the higher income.
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6 | (18) If the recipient will not continue to receive a | ||||||
7 | cash grant, an
explanation of the procedures for reapplying | ||||||
8 | for cash assistance if the
person experiences a decrease in | ||||||
9 | or loss of earned income.
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10 | (19) An explanation of the earned income tax credit and | ||||||
11 | the procedures
by which it may be obtained and the rules | ||||||
12 | for disregarding it in determining
eligibility for and the | ||||||
13 | amount of assistance.
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14 | (20) An explanation of the education and training | ||||||
15 | opportunities
available to recipients.
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16 | (b) The information listed in subsection (a) shall be | ||||||
17 | provided to the
recipient on an individual basis during an | ||||||
18 | in-person meeting with a
representative of the Illinois | ||||||
19 | Department. The individual in-person
meeting shall be held at a | ||||||
20 | time which does not conflict with the
recipient's work schedule | ||||||
21 | within 30 days of the date the recipient begins
working. If the | ||||||
22 | recipient informs the Illinois Department that an
in-person | ||||||
23 | meeting would be inconvenient, the Illinois Department may
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24 | provide the information during a home visit, by telephone, or | ||||||
25 | by mail
within 30 days of the date the recipient begins | ||||||
26 | working, whichever the
client prefers.
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1 | (c) At the conclusion of the meeting described in | ||||||
2 | subsection (b), the
Illinois Department shall ensure that all | ||||||
3 | case transfers and calculations
of benefits necessitated by the | ||||||
4 | recipient's employment or receipt of earned
income have been | ||||||
5 | performed, that applications have been made or provided
for all | ||||||
6 | benefits for which the person must apply or reapply, and that | ||||||
7 | the
person has received payment for initial expenses of | ||||||
8 | employment.
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9 | (d) In food stamp cases in which an applicant or recipient | ||||||
10 | reports earned income, the applicant's or recipient's | ||||||
11 | employment shall be presumed to be a hardship for purposes of | ||||||
12 | scheduling an in-person meeting with a
representative of the | ||||||
13 | Illinois Department and an in-person meeting shall be waived. | ||||||
14 | (e) Notwithstanding any other rulemaking authority that | ||||||
15 | may exist, neither the Governor nor any agency or agency head | ||||||
16 | under the jurisdiction of the Governor has any authority to | ||||||
17 | make or promulgate rules to implement or enforce the provisions | ||||||
18 | of this amendatory Act of the 95th General Assembly. If, | ||||||
19 | however, the Governor believes that rules are necessary to | ||||||
20 | implement or enforce the provisions of this amendatory Act of | ||||||
21 | the 95th General Assembly, the Governor may suggest rules to | ||||||
22 | the General Assembly by filing them with the Clerk of the House | ||||||
23 | and Secretary of the Senate and by requesting that the General | ||||||
24 | Assembly authorize such rulemaking by law, enact those | ||||||
25 | suggested rules into law, or take any other appropriate action | ||||||
26 | in the General Assembly's discretion. Nothing contained in this |
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1 | amendatory Act of the 95th General Assembly shall be | ||||||
2 | interpreted to grant rulemaking authority under any other | ||||||
3 | Illinois statute where such authority is not otherwise | ||||||
4 | explicitly given. For the purposes of this amendatory Act of | ||||||
5 | the 95th General Assembly, "rules" is given the meaning | ||||||
6 | contained in Section 1-70 of the Illinois Administrative | ||||||
7 | Procedure Act, and "agency" and "agency head" are given the | ||||||
8 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
9 | Administrative Procedure Act to the extent that such | ||||||
10 | definitions apply to agencies or agency heads under the | ||||||
11 | jurisdiction of the Governor. | ||||||
12 | (Source: P.A. 93-598, eff. 8-26-03.)
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