State of Illinois
2017 and 2018


Introduced , by Rep. Terri Bryant


305 ILCS 5/3-9  from Ch. 23, par. 3-9

    Amends the Aid to the Aged, Blind, or Disabled Article of the Illinois Public Aid Code. In provisions concerning a claim against the estate of a deceased recipient, provides that, subject to federal approval, no claim of the State shall be enforced against any life insurance benefits or proceeds provided by the U.S. Department of Veterans Affairs to the surviving spouse of the deceased recipient.

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1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 3-9 as follows:
6    (305 ILCS 5/3-9)  (from Ch. 23, par. 3-9)
7    Sec. 3-9. Claim against the estate of a deceased recipient.
8On the death of a person who has been a recipient, the total
9amount paid under this Article shall be filed and allowed as a
10claim against that person's estate or as a claim against the
11estate of that person's surviving spouse. No claim of the
12State, however, shall be enforced against any real estate while
13it is occupied as a homestead by the recipient's surviving
14spouse, or a relative of the recipient as defined by the rules
15and regulations of the Illinois Department, if no claims by
16other creditors have been filed against the estate, or, if such
17claims have been filed, they remain dormant for failure of
18prosecution or failure of the claimant to compel administration
19of the estate for the purpose of payment. "Homestead", as used
20in this Section, means the dwelling house and contiguous real
21estate occupied by a surviving spouse, or defined relative of
22the recipient, regardless of the value of the property.
23    Subject to federal approval, no claim of the State shall be



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1enforced against any life insurance benefits or proceeds
2provided by the U.S. Department of Veterans Affairs to the
3surviving spouse of a deceased recipient.
4    The transfer of money, personal property or other personal
5assets, or any interest therein, by a present or former
6recipient into a joint tenancy account in a bank or other
7institution or depository shall be prima facie evidence of an
8intent to defeat the claim against his estate. The transfer may
9be voided in an appropriate legal action, or the Illinois
10Department may consider the recipient's interest in the joint
11tenancy account as an asset of his estate for the purpose of
12the claim provided by this Section.
13    The Illinois Department may, by rule, defer or waive the
14enforcement of its claim hereunder if the deceased recipient is
15survived by a dependent spouse and minor child or children, or
16if rehabilitative training for employment or other means of
17self-support for the surviving spouse or children is feasible
18and the deferment or waiver of the claim would facilitate
19achievement of self-support status and prevent or reduce the
20likelihood of return to dependency upon public aid.
21    The estate claim herein provided is in addition to the lien
22claim established in Section 3-10.
23(Source: P.A. 88-85.)