|
|
|
HB1801 Engrossed |
|
LRB096 05474 DRJ 15540 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.
|
19 |
| Each applicant shall provide information as to the amount |
20 |
| of
property, real and personal, owned by him or her within the |
21 |
| period of time
preceding
the application as required under |
22 |
| Sections 3-1.3, 4-1.11, and 5-2.1 of this
Code. The
applicant |
23 |
| shall also furnish information concerning
all income, money |
|
|
|
HB1801 Engrossed |
- 2 - |
LRB096 05474 DRJ 15540 b |
|
|
1 |
| contributions, and other support from any source, and
the |
2 |
| beneficiary and the amount or cash surrender or loan value of |
3 |
| all
insurance policies held by himself or herself or any member |
4 |
| of his family
for whom aid is requested.
|
5 |
| (2) An application, in all instances to be in writing, may |
6 |
| be filed
in behalf of a person considered to be in need of |
7 |
| financial aid under
Articles III, IV, V, or VI only if the |
8 |
| person
|
9 |
| (a) has been adjudged to be under legal disability; or
|
10 |
| (b) is unable because of minority or physical or mental |
11 |
| disability,
to execute the application; or
|
12 |
| (c) in the case of need for funeral and burial, died |
13 |
| before an
application was filed and the application is |
14 |
| filed not more than 30 days
after the person's death, |
15 |
| excluding the day on which the death occurred.
|
16 |
| Applications in behalf of persons specified in (a) and (b) |
17 |
| shall be
filed by the applicant's legal guardian or, if a
|
18 |
| guardian has not been appointed or the applicant has no legal
|
19 |
| guardian or the guardian is not available, by a relative or |
20 |
| other
person, acceptable under the rules of the Illinois |
21 |
| Department, who is
able to furnish the required information. |
22 |
| Applications in behalf of
persons specified in (c) shall be |
23 |
| filed by any next of kin of the deceased
who is not under legal |
24 |
| disability or, if there are no such next of kin or
they are |
25 |
| unknown or unavailable, by a person, acceptable under the rules |
26 |
| of
the Illinois Department, who is able to furnish the required |
|
|
|
HB1801 Engrossed |
- 3 - |
LRB096 05474 DRJ 15540 b |
|
|
1 |
| information.
|
2 |
| (3) The application shall contain a written declaration to |
3 |
| be signed
by the applicant, or in behalf of the applicant by a |
4 |
| person qualified
under paragraph (2), in substantially the |
5 |
| following form, the
parenthetical references being applicable |
6 |
| to an application filed by a
person in behalf of the applicant:
|
7 |
| "I declare under penalties of perjury that I have examined |
8 |
| this form
and all accompanying statements or documents |
9 |
| pertaining to the income
and resources of myself (the |
10 |
| applicant) or any member of my family (the
applicant's family) |
11 |
| included in this application for aid, or pertaining
to any |
12 |
| other matter having bearing upon my (the applicant's) |
13 |
| eligibility
for aid, and to the best of my knowledge and belief |
14 |
| the information
supplied is true, correct, and complete".
|
15 |
| (4) If an application for financial aid is filed for a |
16 |
| family, and any
person in that family is under 18 years of age, |
17 |
| the application shall be
accompanied by the following for each |
18 |
| such person under 18 years of age:
|
19 |
| (i) a copy of the person's birth certificate, or
|
20 |
| (ii) other reliable proof, as determined by the |
21 |
| Department, of the
person's identity and age.
|
22 |
| The Illinois Department shall provide information to all |
23 |
| families, orally
by an intake
worker and in writing when the |
24 |
| application is filed, about the availability and
location of |
25 |
| immunization services.
|
26 |
| (5) Once an applicant is determined eligible for aid, he or |
|
|
|
HB1801 Engrossed |
- 4 - |
LRB096 05474 DRJ 15540 b |
|
|
1 |
| she has the right to request to have the case transferred to |
2 |
| another local office of the Department of Human Services for |
3 |
| his or her convenience based on one of the following factors: |
4 |
| the location of his or her employer; the location of his or her |
5 |
| child care provider; access to reliable transportation; or the |
6 |
| location of a social service provider that he or she sees on a |
7 |
| regular basis. Within 5 business days after the request for |
8 |
| transfer, the Department shall transfer the case, assign a |
9 |
| caseworker, make appropriate entries in the computer system, |
10 |
| and issue a written notice to the recipient that includes the |
11 |
| name of and contact information for the caseworker. The |
12 |
| location of the recipient's case may be reconsidered on the |
13 |
| recipient's request or at the time of redetermination of |
14 |
| eligibility. |
15 |
| (Source: P.A. 92-111, eff. 1-1-02.)
|
16 |
| (305 ILCS 5/11-20.1) (from Ch. 23, par. 11-20.1)
|
17 |
| Sec. 11-20.1. Employment; Rights of recipient and |
18 |
| obligations of
Illinois Department when recipients become |
19 |
| employed; Assistance when
a recipient has employment or earned |
20 |
| income or both. |
21 |
| (a) When a recipient reports employment or earned income, |
22 |
| or both, or
the Illinois Department otherwise learns of a |
23 |
| recipient's employment or
earned income, or both, the Illinois |
24 |
| Department shall provide the recipient
with:
|
25 |
| (1) An explanation of how the earned income will affect |
|
|
|
HB1801 Engrossed |
- 5 - |
LRB096 05474 DRJ 15540 b |
|
|
1 |
| the
recipient's eligibility for a grant, and whether the |
2 |
| recipient
must engage in additional work
activities to meet |
3 |
| the recipient's monthly work activities requirement and |
4 |
| what
types of activities may be approved for
that purpose, |
5 |
| and whether the employment is sufficient to cause months of
|
6 |
| continued receipt of a grant not to be
counted against the |
7 |
| recipient's lifetime eligibility limit.
|
8 |
| (2) An explanation of the Work Pays budgeting process,
|
9 |
| and an explanation of how the first
month's income on a new |
10 |
| job will be projected, and how the recipient should
report |
11 |
| the new job to avoid the
Department overestimating the |
12 |
| first month's income.
|
13 |
| (3) An explanation of how the earned income will affect |
14 |
| the
recipient's eligibility for food stamps, whether the |
15 |
| recipient will
continue to receive food stamps, and, if so, |
16 |
| the amount of food stamps.
|
17 |
| (4) The names and telephone numbers of all caseworkers |
18 |
| to whom the
recipient's case or cases are assigned or will |
19 |
| be transferred, an
explanation of which type of case each |
20 |
| worker will be handling, and the
effective date of the |
21 |
| transfer.
|
22 |
| (5) An explanation of the recipient's
responsibilities |
23 |
| to report income and household circumstances, the process |
24 |
| by
which quarterly reporting forms are
sent to recipients,
|
25 |
| where and to whom the reports should be returned, the |
26 |
| deadline by which
reports must be returned, instructions on |
|
|
|
HB1801 Engrossed |
- 6 - |
LRB096 05474 DRJ 15540 b |
|
|
1 |
| how to fill out the reports, an
explanation of what the |
2 |
| recipient should do if he or she does not receive
the form, |
3 |
| advice on how to prove the report was returned by the |
4 |
| recipient
such as by keeping a copy, and an explanation of |
5 |
| the effects of failure to file
reports.
|
6 |
| (6) If the recipient will continue to receive a grant, |
7 |
| an explanation
of the recipient's new fiscal month and a |
8 |
| statement as to when the
recipient will receive his or her |
9 |
| grant.
|
10 |
| (7) An explanation of Kidcare, Family Assist, Family |
11 |
| Care, and
the 12 month extension
of medical
assistance that |
12 |
| is available when a grant is cancelled due to earned |
13 |
| income.
|
14 |
| (8) An explanation of the medical assistance the person |
15 |
| may be
eligible for when the 12 month extension expires and |
16 |
| how to request or
apply for it.
|
17 |
| (9) An explanation of the availability of
a child care |
18 |
| subsidy to all families below the child care
assistance |
19 |
| program's income limit, how to apply for the benefit |
20 |
| through the
Child Care Resource and Referral or |
21 |
| site-administered child care program or
both, the nature of |
22 |
| the child care program's
sliding scale co-payments, the
|
23 |
| availability of the 10% earned income disregard in |
24 |
| determining eligibility for
child care assistance and the |
25 |
| amount of
the parent co-payment, the right to use the |
26 |
| subsidy for either licensed or
license exempt legal care, |
|
|
|
HB1801 Engrossed |
- 7 - |
LRB096 05474 DRJ 15540 b |
|
|
1 |
| and the
availability of benefits when the parent is engaged |
2 |
| in an education and
training program.
|
3 |
| (10) (Blank).
|
4 |
| (11) (Blank).
|
5 |
| (11a) (Blank).
|
6 |
| (12) (Blank).
|
7 |
| (13) An explanation of the availability of payment for |
8 |
| initial
expenses of employment and how to request or apply |
9 |
| for it.
|
10 |
| (14) An explanation of the job retention component and
|
11 |
| how to participate in it, and an explanation of the |
12 |
| recipient's
eligibility to receive supportive
services to |
13 |
| participate in education and training programs while |
14 |
| working.
|
15 |
| (15) A statement of the types of assistance that will |
16 |
| be provided to
the person automatically or continued and a |
17 |
| statement of the types of
assistance for which the person |
18 |
| must apply or reapply.
|
19 |
| (16) If the recipient will not continue to receive a |
20 |
| cash grant and
the recipient has assigned his or her right |
21 |
| to child support to the
Illinois Department, an explanation |
22 |
| of the recipient's right to continue to
receive child |
23 |
| support enforcement services, the recipient's right to |
24 |
| have
all current support paid after grant cancellation |
25 |
| forwarded promptly to the
recipient, the procedures by |
26 |
| which child support will be forwarded, and the
procedures |
|
|
|
HB1801 Engrossed |
- 8 - |
LRB096 05474 DRJ 15540 b |
|
|
1 |
| by which the recipient will be informed of the collection |
2 |
| and
distribution of child support.
|
3 |
| (17) An explanation of the availability of payments if
|
4 |
| the recipient experiences a decrease in or loss of earned |
5 |
| income
during a calendar quarter as to which the monthly |
6 |
| grant was previously
budgeted based upon the higher income.
|
7 |
| (18) If the recipient will not continue to receive a |
8 |
| cash grant, an
explanation of the procedures for reapplying |
9 |
| for cash assistance if the
person experiences a decrease in |
10 |
| or loss of earned income.
|
11 |
| (19) An explanation of the earned income tax credit and |
12 |
| the procedures
by which it may be obtained and the rules |
13 |
| for disregarding it in determining
eligibility for and the |
14 |
| amount of assistance.
|
15 |
| (20) An explanation of the education and training |
16 |
| opportunities
available to recipients.
|
17 |
| (b) The information listed in subsection (a) shall be |
18 |
| provided to the
recipient on an individual basis during an |
19 |
| in-person meeting with a
representative of the Illinois |
20 |
| Department. The individual in-person
meeting shall be held at a |
21 |
| time which does not conflict with the
recipient's work schedule |
22 |
| within 30 days of the date the recipient begins
working. If the |
23 |
| recipient informs the Illinois Department that an
in-person |
24 |
| meeting would be inconvenient, the Illinois Department may
|
25 |
| provide the information during a home visit, by telephone, or |
26 |
| by mail
within 30 days of the date the recipient begins |
|
|
|
HB1801 Engrossed |
- 9 - |
LRB096 05474 DRJ 15540 b |
|
|
1 |
| working, whichever the
client prefers.
|
2 |
| (c) At the conclusion of the meeting described in |
3 |
| subsection (b), the
Illinois Department shall ensure that all |
4 |
| case transfers and calculations
of benefits necessitated by the |
5 |
| recipient's employment or receipt of earned
income have been |
6 |
| performed, that applications have been made or provided
for all |
7 |
| benefits for which the person must apply or reapply, and that |
8 |
| the
person has received payment for initial expenses of |
9 |
| employment.
|
10 |
| (d) In food stamp cases in which an applicant or recipient |
11 |
| reports earned income, the applicant's or recipient's |
12 |
| employment shall be presumed to be a hardship for purposes of |
13 |
| scheduling an in-person meeting with a
representative of the |
14 |
| Illinois Department and an in-person meeting shall be waived. |
15 |
| (Source: P.A. 93-598, eff. 8-26-03.)
|
16 |
| Section 99. Effective date. This Act takes effect on |
17 |
| January 1, 2011.
|