Full Text of HB1801 96th General Assembly
HB1801eng 96TH GENERAL ASSEMBLY
|
|
|
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.
|
|