HB4573 Engrossed

LRB095 15577 DRJ 41576 b






1
    AN ACT concerning public aid.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Public Aid Code is amended  by 
5
changing Sections 11-15 and 11-20.1 as follows:
 



6
    (305 ILCS 5/11-15)  (from Ch. 23, par. 11-15)



7
    Sec. 11-15. Application requirements. 

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

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

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. 

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 
 


 






HB4573 Engrossed
- 2 -
LRB095 15577 DRJ 41576 b




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.

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


10
        (a) has been adjudged to be under legal disability; or


11
        (b) is unable because of minority or physical or mental 
12
    disability,
to execute the application; or


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.

17
    Applications in behalf of persons specified in (a) and (b) 
18
shall be
filed by the applicant's legal guardian or, if a

19
guardian has not been appointed or the applicant has no legal

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 
 


 






HB4573 Engrossed
- 3 -
LRB095 15577 DRJ 41576 b




1
of
the Illinois Department, who is able to furnish the required 
2
information.

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:

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".

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:


20
        (i) a copy of the person's birth certificate, or


21
        (ii) other reliable proof, as determined by the 
22
    Department, of the
person's identity and age.

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.

 


 






HB4573 Engrossed
- 4 -
LRB095 15577 DRJ 41576 b




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 
 


 






HB4573 Engrossed
- 5 -
LRB095 15577 DRJ 41576 b




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.)

 



15
    (305 ILCS 5/11-20.1)  (from Ch. 23, par. 11-20.1)



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:


24
        (1) An explanation of how the earned income will affect 
25
    the
recipient's eligibility for a grant, and whether the 
 


 






HB4573 Engrossed
- 6 -
LRB095 15577 DRJ 41576 b




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

5
    continued receipt of a grant not to be
counted against the 
6
    recipient's lifetime eligibility limit.


7
        (2) An explanation of the Work Pays budgeting process,

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.


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.


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.


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,

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 
 


 






HB4573 Engrossed
- 7 -
LRB095 15577 DRJ 41576 b




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.


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.


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.


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.


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

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 
 


 






HB4573 Engrossed
- 8 -
LRB095 15577 DRJ 41576 b




1
    in an education and
training program.


2
        (10) (Blank).


3
        (11) (Blank).


4
        (11a) (Blank).


5
        (12) (Blank).


6
        (13) An explanation of the availability of payment for 
7
    initial
expenses of employment and how to request or apply 
8
    for it.


9
        (14) An explanation of the job retention component and

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.


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.


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 
 


 






HB4573 Engrossed
- 9 -
LRB095 15577 DRJ 41576 b




1
    and
distribution of child support.


2
        (17) An explanation of the availability of payments if

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.


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.


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.


14
        (20) An explanation of the education and training 
15
    opportunities
available to recipients.

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

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.

 


 






HB4573 Engrossed
- 10 -
LRB095 15577 DRJ 41576 b




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.

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 
 


 






HB4573 Engrossed
- 11 -
LRB095 15577 DRJ 41576 b




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.)