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90_HB0131eng
305 ILCS 5/12-4.11 from Ch. 23, par. 12-4.11
Amends the "Administration" Article of the Public Aid
Code. Increases the maximum public aid payment for funeral
expenses from $630 to $650 and for burial expenses from $315
to $325. Effective immediately.
LRB9001007DJcd
HB0131 Engrossed LRB9001007DJcd
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 12-4.11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Section 12-4.11 as follows:
7 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 12-4.11. Standards of assistance; content;
10 limitations; grant amounts. Establish specific standards, by
11 rule, by which grant amounts and need for public aid will be
12 determined and amend the standards from time to time as
13 circumstances may require.
14 The standards shall provide a livelihood compatible with
15 health and well-being for persons eligible for financial aid
16 under any Article of this Code. They shall include
17 recognition of any special needs occasioned by the handicaps
18 and infirmities of age, blindness, or disability. They shall
19 include recognition of the special clothing needs of school
20 age children occasioned by cold weather conditions during the
21 winter season. Standards established to determine the
22 eligibility of medically indigent persons for aid under
23 Articles V or VII shall take into account the requirements of
24 the spouse or other dependent or dependents of the applicant
25 for medical aid.
26 The quantity and quality of the items included in the
27 standards established for food, clothing, and other basic
28 maintenance needs shall take account of the buying and
29 consumption patterns of self-supporting persons and families
30 of low income, as determined from time to time by the United
31 States Department of Agriculture, the United States Bureau of
HB0131 Engrossed -2- LRB9001007DJcd
1 Labor Statistics, and other nationally recognized research
2 authorities in the fields of nutrition and family living.
3 The items in the standards shall be priced annually for
4 changes in cost, as provided in Section 12-4.15, and prices
5 of the standards adjusted as indicated by the findings of
6 these surveys. The Department, with due regard for and
7 subject to budgetary limitations, shall establish grant
8 amounts for each of the programs, by regulation. The grant
9 amounts may be less than the prices of the standards and may
10 vary by program, size of assistance unit and geographic area
11 and may be established in the form of a percentage of the
12 standards for any or all programs. Beginning July 1, 1991,
13 the annual appropriations law of the Illinois Department of
14 Public Aid shall, in respect to Articles IV and VI, specify
15 the percentage of the current Standard of Need, that the
16 current fiscal year appropriation is intended to cover as of
17 the beginning of that fiscal year. Nothing in the preceding
18 sentence shall be construed to require any grant increase at
19 any time during the remainder of that fiscal year.
20 In recognition of the inability of low income households
21 to afford the rising costs of energy, payments made by the
22 Department under Articles IV and VI shall include an amount
23 of money to offset, in whole or in part, the costs of energy
24 associated with seasonal variations. The Department may by
25 rule establish the amount of such energy payments which may
26 vary in accordance with the size of the assistance unit. The
27 Department for reasons of administrative simplicity may
28 provide the amounts in equal monthly payments.
29 During the first month that the Department pays grants
30 which include amounts authorized in the preceding paragraph,
31 the grant amounts for all sized assistance units within each
32 program the Department administers under Article IV of this
33 Code and for assistance units of more than one person under
34 Article VI of this Code shall be adjusted to approach more
HB0131 Engrossed -3- LRB9001007DJcd
1 closely a single percentage of the standard of assistance
2 established under this Section, with grant amounts expressed
3 in whole dollar amounts. The percentage used for Article IV
4 need not be the same percentage used for Article VI. Energy
5 Assistance money provided in a separate payment and
6 identified as being exclusively for energy assistance shall
7 not be considered as a part of the grant for the purposes of
8 this paragraph; all of the grant amount, including any
9 portion thereof that may be provided for the purpose of
10 energy assistance provided under the preceding paragraph,
11 shall be considered under this paragraph.
12 Aid payments shall not be reduced except: (1) for changes
13 in the cost of items included in the standards, or (2) for
14 changes in the expenses of the recipient, or (3) for changes
15 in the income or resources available to the recipient, or (4)
16 for changes in grants resulting from adoption of a
17 consolidated standard, or (5) to accomplish the adjustment
18 described in the preceding paragraph, or (6) beginning July
19 1, 1992, to reduce grant amounts for recipients of cash
20 assistance under Sections 3-1a and 6-11 of this Code during
21 fiscal year 1993.
22 If recipients can obtain adequate shelter only if a
23 security deposit is given the landlord, the Department may
24 furnish one month's rent as a security deposit. This
25 provision shall be operative only to the extent that it does
26 not foster the granting of duplicate assistance.
27 In fixing standards to govern payments or reimbursements
28 for funeral and burial expenses, the Department shall take
29 into account the services essential to a dignified, low-cost
30 funeral and burial, but no payment shall be authorized from
31 public aid funds for the funeral in excess of $650 $630,
32 exclusive of reasonable amounts as may be necessary for
33 burial space and cemetery charges, and any applicable taxes
34 or other required governmental fees or charges. The
HB0131 Engrossed -4- LRB9001007DJcd
1 Department shall authorize no payment in excess of $325 $315
2 for a cemetery burial.
3 Nothing contained in this Section or in any other Section
4 of this Code shall be construed to prohibit the Illinois
5 Department (1) from consolidating existing standards on the
6 basis of any standards which are or were in effect on, or
7 subsequent to July 1, 1969, or (2) from employing any
8 consolidated standards in determining need for public aid and
9 the amount of money payment or grant for individual
10 recipients or recipient families.
11 Notwithstanding any other provision of this Code to the
12 contrary, the Illinois Department is authorized to reduce
13 payment levels under Article VI as necessary to implement
14 contingency reserves under the Emergency Budget Act of Fiscal
15 Year 1992, to the extent permitted by federal law. Any such
16 reduction shall expire on July 1, 1992.
17 (Source: P.A. 86-127; 86-430; 86-1028; 86-1457; 87-528;
18 87-838; 87-860.)
19 (Text of Section after amendment by P.A. 89-507)
20 Sec. 12-4.11. Standards of assistance; content;
21 limitations; grant amounts. Establish specific standards, by
22 rule, by which grant amounts and need for public aid will be
23 determined and amend the standards from time to time as
24 circumstances may require.
25 The standards shall provide a livelihood compatible with
26 health and well-being for persons eligible for financial aid
27 under any Article of this Code. They shall include
28 recognition of any special needs occasioned by the handicaps
29 and infirmities of age, blindness, or disability. They shall
30 include recognition of the special clothing needs of school
31 age children occasioned by cold weather conditions during the
32 winter season. Standards established to determine the
33 eligibility of medically indigent persons for aid under
34 Articles V or VII shall take into account the requirements of
HB0131 Engrossed -5- LRB9001007DJcd
1 the spouse or other dependent or dependents of the applicant
2 for medical aid.
3 The quantity and quality of the items included in the
4 standards established for food, clothing, and other basic
5 maintenance needs shall take account of the buying and
6 consumption patterns of self-supporting persons and families
7 of low income, as determined from time to time by the United
8 States Department of Agriculture, the United States Bureau of
9 Labor Statistics, and other nationally recognized research
10 authorities in the fields of nutrition and family living.
11 The items in the standards shall be priced annually for
12 changes in cost, as provided in Section 12-4.15, and prices
13 of the standards adjusted as indicated by the findings of
14 these surveys. The Department, with due regard for and
15 subject to budgetary limitations, shall establish grant
16 amounts for each of the programs, by regulation. The grant
17 amounts may be less than the prices of the standards and may
18 vary by program, size of assistance unit and geographic area
19 and may be established in the form of a percentage of the
20 standards for any or all programs. Beginning July 1, 1991,
21 the annual appropriations law of the Illinois Department
22 shall, in respect to Articles IV and VI, specify the
23 percentage of the current Standard of Need, that the current
24 fiscal year appropriation is intended to cover as of the
25 beginning of that fiscal year. Nothing in the preceding
26 sentence shall be construed to require any grant increase at
27 any time during the remainder of that fiscal year.
28 In recognition of the inability of low income households
29 to afford the rising costs of energy, payments made by the
30 Department under Articles IV and VI shall include an amount
31 of money to offset, in whole or in part, the costs of energy
32 associated with seasonal variations. The Department may by
33 rule establish the amount of such energy payments which may
34 vary in accordance with the size of the assistance unit. The
HB0131 Engrossed -6- LRB9001007DJcd
1 Department for reasons of administrative simplicity may
2 provide the amounts in equal monthly payments.
3 During the first month that the Department pays grants
4 which include amounts authorized in the preceding paragraph,
5 the grant amounts for all sized assistance units within each
6 program the Department administers under Article IV of this
7 Code and for assistance units of more than one person under
8 Article VI of this Code shall be adjusted to approach more
9 closely a single percentage of the standard of assistance
10 established under this Section, with grant amounts expressed
11 in whole dollar amounts. The percentage used for Article IV
12 need not be the same percentage used for Article VI. Energy
13 Assistance money provided in a separate payment and
14 identified as being exclusively for energy assistance shall
15 not be considered as a part of the grant for the purposes of
16 this paragraph; all of the grant amount, including any
17 portion thereof that may be provided for the purpose of
18 energy assistance provided under the preceding paragraph,
19 shall be considered under this paragraph.
20 Aid payments shall not be reduced except: (1) for changes
21 in the cost of items included in the standards, or (2) for
22 changes in the expenses of the recipient, or (3) for changes
23 in the income or resources available to the recipient, or (4)
24 for changes in grants resulting from adoption of a
25 consolidated standard, or (5) to accomplish the adjustment
26 described in the preceding paragraph, or (6) beginning July
27 1, 1992, to reduce grant amounts for recipients of cash
28 assistance under Sections 3-1a and 6-11 of this Code during
29 fiscal year 1993.
30 If recipients can obtain adequate shelter only if a
31 security deposit is given the landlord, the Department may
32 furnish one month's rent as a security deposit. This
33 provision shall be operative only to the extent that it does
34 not foster the granting of duplicate assistance.
HB0131 Engrossed -7- LRB9001007DJcd
1 In fixing standards to govern payments or reimbursements
2 for funeral and burial expenses, the Department shall take
3 into account the services essential to a dignified, low-cost
4 funeral and burial, but no payment shall be authorized from
5 public aid funds for the funeral in excess of $650 $630,
6 exclusive of reasonable amounts as may be necessary for
7 burial space and cemetery charges, and any applicable taxes
8 or other required governmental fees or charges. The
9 Department shall authorize no payment in excess of $325 $315
10 for a cemetery burial.
11 Nothing contained in this Section or in any other Section
12 of this Code shall be construed to prohibit the Illinois
13 Department (1) from consolidating existing standards on the
14 basis of any standards which are or were in effect on, or
15 subsequent to July 1, 1969, or (2) from employing any
16 consolidated standards in determining need for public aid and
17 the amount of money payment or grant for individual
18 recipients or recipient families.
19 Notwithstanding any other provision of this Code to the
20 contrary, the Illinois Department is authorized to reduce
21 payment levels under Article VI as necessary to implement
22 contingency reserves under the Emergency Budget Act of Fiscal
23 Year 1992, to the extent permitted by federal law. Any such
24 reduction shall expire on July 1, 1992.
25 (Source: P.A. 89-507, eff. 7-1-97.)
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.
HB0131 Engrossed -8- LRB9001007DJcd
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.