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90_HB3386
305 ILCS 5/4-2 from Ch. 23, par. 4-2
Amends the Temporary Assistance for Needy Families (TANF)
Article of the Illinois Public Aid Code. Provides that the
provision prohibiting the increase of the amount of an
assistance grant for the birth of an additional child shall
not exclude the inclusion of that additional child when
determining eligibility for and the amount of assistance for
an assistance unit during any month in which the assistance
unit has earned income. Provides that the Department shall
pass through to the custodial parent of a child excluded from
an assistance unit under these provisions all child support
collected on that child's behalf and shall treat the child
support as exempt income in determining the cash assistance
grant of the assistance unit.
LRB9010252SMdv
LRB9010252SMdv
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 4-2.
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 4-2 as follows:
7 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
8 (Text of Section before amendment by P.A. 90-372)
9 Sec. 4-2. Amount of aid.
10 (a) The amount and nature of financial aid shall be
11 determined in accordance with the grant amounts, rules and
12 regulations of the Illinois Department. Due regard shall be
13 given to the self-sufficiency requirements of the family and
14 to the income, money contributions and other support and
15 resources available, from whatever source. Beginning July 1,
16 1992, the supplementary grants previously paid under this
17 Section shall no longer be paid. However, the amount and
18 nature of any financial aid is not affected by the payment of
19 any grant under the "Senior Citizens and Disabled Persons
20 Property Tax Relief and Pharmaceutical Assistance Act". The
21 aid shall be sufficient, when added to all other income,
22 money contributions and support to provide the family with a
23 grant in the amount established by Department regulation.
24 (b) The Illinois Department may conduct special
25 projects, which may be known as Grant Diversion Projects,
26 under which recipients of financial aid under this Article
27 are placed in jobs and their grants are diverted to the
28 employer who in turn makes payments to the recipients in the
29 form of salary or other employment benefits. The Illinois
30 Department shall by rule specify the terms and conditions of
31 such Grant Diversion Projects. Such projects shall take into
-2- LRB9010252SMdv
1 consideration and be coordinated with the programs
2 administered under the Illinois Emergency Employment
3 Development Act.
4 (c) The amount and nature of the financial aid for a
5 child requiring care outside his own home shall be determined
6 in accordance with the rules and regulations of the Illinois
7 Department, with due regard to the needs and requirements of
8 the child in the foster home or institution in which he has
9 been placed.
10 (d) If the Department establishes grants for family
11 units consisting exclusively of a pregnant woman with no
12 dependent child or including her husband if living with her,
13 the grant amount for such a unit shall be equal to the grant
14 amount for an assistance unit consisting of one adult, or 2
15 persons if the husband is included. Other than as herein
16 described, an unborn child shall not be counted in
17 determining the size of an assistance unit or for calculating
18 grants.
19 Payments for basic maintenance requirements of a child or
20 children and the relative with whom the child or children are
21 living shall be prescribed, by rule, by the Illinois
22 Department.
23 These grants may be increased in the following circumstances:
24 1. If the child is living with both parents or with
25 persons standing in the relationship of parents, and if
26 the grant is necessitated because of the unemployment or
27 insufficient earnings of the parent or parents and
28 neither parent is receiving benefits under "The
29 Unemployment Compensation Act", approved June 30, 1937,
30 as amended, the maximum may be increased by not more than
31 $25.
32 2. If a child is age 13 or over, the maximum may be
33 increased by not more than $15.
34 The allowances provided under Article IX for recipients
-3- LRB9010252SMdv
1 participating in the training and rehabilitation programs
2 shall be in addition to the maximum payments established in
3 this Section.
4 Grants under this Article shall not be supplemented by
5 General Assistance provided under Article VI.
6 (e) Grants shall be paid to the parent or other person
7 with whom the child or children are living, except for such
8 amount as is paid in behalf of the child or his parent or
9 other relative to other persons or agencies pursuant to this
10 Code or the rules and regulations of the Illinois Department.
11 (f) An assistance unit, receiving financial aid under
12 this Article or temporarily ineligible to receive aid under
13 this Article under a penalty imposed by the Illinois
14 Department for failure to comply with the eligibility
15 requirements or that voluntarily requests termination of
16 financial assistance under this Article and becomes
17 subsequently eligible for assistance within 9 months, shall
18 not receive any increase in the amount of aid solely on
19 account of the birth of a child; except that an increase is
20 not prohibited when the birth is (i) of a child of a pregnant
21 woman who became eligible for aid under this Article during
22 the pregnancy, or (ii) of a child born within 10 months after
23 the date of implementation of this subsection, or (iii) of a
24 child conceived after a family became ineligible for
25 assistance due to income or marriage and at least 3 months of
26 ineligibility expired before any reapplication for
27 assistance. During any month in which an assistance unit has
28 earned income, eligibility and benefit amounts shall be
29 calculated on a basis that includes any child otherwise
30 excluded from the assistance unit under this subsection. This
31 subsection does not, however, prevent a unit from receiving a
32 general increase in the amount of aid that is provided to all
33 recipients of aid under this Article.
34 The Department shall pass through to the custodial parent
-4- LRB9010252SMdv
1 of a child excluded from an assistance unit under this
2 subsection all child support collected on that child's behalf
3 and shall treat the child support as exempt income in
4 determining the cash assistance grant of the assistance unit.
5 The Illinois Department is authorized to transfer funds,
6 and shall use any budgetary savings attributable to not
7 increasing the grants due to the births of additional
8 children, to supplement existing funding for employment and
9 training services for recipients of aid under this Article
10 IV. The Illinois Department shall target, to the extent the
11 supplemental funding allows, employment and training services
12 to the families who do not receive a grant increase after the
13 birth of a child. In addition, the Illinois Department shall
14 provide, to the extent the supplemental funding allows, such
15 families with up to 24 months of transitional child care
16 pursuant to Illinois Department rules. All remaining
17 supplemental funds shall be used for employment and training
18 services or transitional child care support.
19 In making the transfers authorized by this subsection,
20 the Illinois Department shall first determine, pursuant to
21 regulations adopted by the Illinois Department for this
22 purpose, the amount of savings attributable to not increasing
23 the grants due to the births of additional children.
24 Transfers may be made from General Revenue Fund
25 appropriations for distributive purposes authorized by
26 Article IV of this Code only to General Revenue Fund
27 appropriations for employability development services
28 including operating and administrative costs and related
29 distributive purposes under Article IXA of this Code. The
30 Director, with the approval of the Governor, shall certify
31 the amount and affected line item appropriations to the State
32 Comptroller.
33 The Illinois Department shall apply for all waivers of
34 federal law and regulations necessary to implement this
-5- LRB9010252SMdv
1 subsection; implementation of this subsection is contingent
2 on the Illinois Department receiving all necessary federal
3 waivers. The Illinois Department may implement this
4 subsection through the use of emergency rules in accordance
5 with Section 5-45 of the Illinois Administrative Procedure
6 Act. For purposes of the Illinois Administrative Procedure
7 Act, the adoption of rules to implement this subsection shall
8 be considered an emergency and necessary for the public
9 interest, safety, and welfare.
10 Nothing in this subsection shall be construed to prohibit
11 the Illinois Department from using funds under this Article
12 IV to provide assistance in the form of vouchers that may be
13 used to pay for goods and services deemed by the Illinois
14 Department, by rule, as suitable for the care of the child
15 such as diapers, clothing, school supplies, and cribs.
16 (g) Notwithstanding any other provision of this Code to
17 the contrary, the Illinois Department is authorized to reduce
18 or eliminate payments for supplementary grants under the
19 first paragraph of this Section as necessary to implement
20 contingency reserves under the Emergency Budget Act of Fiscal
21 Year 1992, to the extent permitted by federal law. Any such
22 reduction or elimination shall expire on July 1, 1992.
23 (h) Notwithstanding any other provision of this Code,
24 the Illinois Department is authorized to reduce payment
25 levels used to determine cash grants under this Article after
26 December 31 of any fiscal year if the Illinois Department
27 determines that the caseload upon which the appropriations
28 for the current fiscal year are based have increased by more
29 than 5% and the appropriation is not sufficient to ensure
30 that cash benefits under this Article do not exceed the
31 amounts appropriated for those cash benefits. Reductions in
32 payment levels may be accomplished by emergency rule under
33 Section 5-45 of the Illinois Administrative Procedure Act,
34 except that the limitation on the number of emergency rules
-6- LRB9010252SMdv
1 that may be adopted in a 24-month period shall not apply and
2 the provisions of Sections 5-115 and 5-125 of the Illinois
3 Administrative Procedure Act shall not apply. Increases in
4 payment levels shall be accomplished only in accordance with
5 Section 5-40 of the Illinois Administrative Procedure Act.
6 Before any rule to increase payment levels promulgated under
7 this Section shall become effective, a joint resolution
8 approving the rule must be adopted by a roll call vote by a
9 majority of the members elected to each chamber of the
10 General Assembly.
11 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
12 89-641, eff. 8-9-96; 90-17, eff. 7-1-97.)
13 (Text of Section after amendment by P.A. 90-372)
14 Sec. 4-2. Amount of aid.
15 (a) The amount and nature of financial aid shall be
16 determined in accordance with the grant amounts, rules and
17 regulations of the Illinois Department. Due regard shall be
18 given to the self-sufficiency requirements of the family and
19 to the income, money contributions and other support and
20 resources available, from whatever source. Beginning July 1,
21 1992, the supplementary grants previously paid under this
22 Section shall no longer be paid. However, the amount and
23 nature of any financial aid is not affected by the payment of
24 any grant under the "Senior Citizens and Disabled Persons
25 Property Tax Relief and Pharmaceutical Assistance Act". The
26 aid shall be sufficient, when added to all other income,
27 money contributions and support to provide the family with a
28 grant in the amount established by Department regulation.
29 (b) The Illinois Department may conduct special
30 projects, which may be known as Grant Diversion Projects,
31 under which recipients of financial aid under this Article
32 are placed in jobs and their grants are diverted to the
33 employer who in turn makes payments to the recipients in the
34 form of salary or other employment benefits. The Illinois
-7- LRB9010252SMdv
1 Department shall by rule specify the terms and conditions of
2 such Grant Diversion Projects. Such projects shall take into
3 consideration and be coordinated with the programs
4 administered under the Illinois Emergency Employment
5 Development Act.
6 (c) The amount and nature of the financial aid for a
7 child requiring care outside his own home shall be determined
8 in accordance with the rules and regulations of the Illinois
9 Department, with due regard to the needs and requirements of
10 the child in the foster home or institution in which he has
11 been placed.
12 (d) If the Department establishes grants for family
13 units consisting exclusively of a pregnant woman with no
14 dependent child or including her husband if living with her,
15 the grant amount for such a unit shall be equal to the grant
16 amount for an assistance unit consisting of one adult, or 2
17 persons if the husband is included. Other than as herein
18 described, an unborn child shall not be counted in
19 determining the size of an assistance unit or for calculating
20 grants.
21 Payments for basic maintenance requirements of a child or
22 children and the relative with whom the child or children are
23 living shall be prescribed, by rule, by the Illinois
24 Department.
25 These grants may be increased in the following circumstances:
26 1. If the child is living with both parents or with
27 persons standing in the relationship of parents, and if
28 the grant is necessitated because of the unemployment or
29 insufficient earnings of the parent or parents and
30 neither parent is receiving benefits under "The
31 Unemployment Compensation Act", approved June 30, 1937,
32 as amended, the maximum may be increased by not more than
33 $25.
34 2. If a child is age 13 or over, the maximum may be
-8- LRB9010252SMdv
1 increased by not more than $15.
2 The allowances provided under Article IX for recipients
3 participating in the training and rehabilitation programs
4 shall be in addition to the maximum payments established in
5 this Section.
6 Grants under this Article shall not be supplemented by
7 General Assistance provided under Article VI.
8 (e) Grants shall be paid to the parent or other person
9 with whom the child or children are living, except for such
10 amount as is paid in behalf of the child or his parent or
11 other relative to other persons or agencies pursuant to this
12 Code or the rules and regulations of the Illinois Department.
13 (f) An assistance unit, receiving financial aid under
14 this Article or temporarily ineligible to receive aid under
15 this Article under a penalty imposed by the Illinois
16 Department for failure to comply with the eligibility
17 requirements or that voluntarily requests termination of
18 financial assistance under this Article and becomes
19 subsequently eligible for assistance within 9 months, shall
20 not receive any increase in the amount of aid solely on
21 account of the birth of a child; except that an increase is
22 not prohibited when the birth is (i) of a child of a pregnant
23 woman who became eligible for aid under this Article during
24 the pregnancy, or (ii) of a child born within 10 months after
25 the date of implementation of this subsection, or (iii) of a
26 child conceived after a family became ineligible for
27 assistance due to income or marriage and at least 3 months of
28 ineligibility expired before any reapplication for
29 assistance. During any month in which an assistance unit has
30 earned income, eligibility and benefit amounts shall be
31 calculated on a basis that includes any child otherwise
32 excluded from the assistance unit under this subsection. This
33 subsection does not, however, prevent a unit from receiving a
34 general increase in the amount of aid that is provided to all
-9- LRB9010252SMdv
1 recipients of aid under this Article.
2 The Department shall pass through to the custodial parent
3 of a child excluded from an assistance unit under this
4 subsection all child support collected on that child's behalf
5 and shall treat the child support as exempt income in
6 determining the cash assistance grant of the assistance unit.
7 The Illinois Department is authorized to transfer funds,
8 and shall use any budgetary savings attributable to not
9 increasing the grants due to the births of additional
10 children, to supplement existing funding for employment and
11 training services for recipients of aid under this Article
12 IV. The Illinois Department shall target, to the extent the
13 supplemental funding allows, employment and training services
14 to the families who do not receive a grant increase after the
15 birth of a child. In addition, the Illinois Department shall
16 provide, to the extent the supplemental funding allows, such
17 families with up to 24 months of transitional child care
18 pursuant to Illinois Department rules. All remaining
19 supplemental funds shall be used for employment and training
20 services or transitional child care support.
21 In making the transfers authorized by this subsection,
22 the Illinois Department shall first determine, pursuant to
23 regulations adopted by the Illinois Department for this
24 purpose, the amount of savings attributable to not increasing
25 the grants due to the births of additional children.
26 Transfers may be made from General Revenue Fund
27 appropriations for distributive purposes authorized by
28 Article IV of this Code only to General Revenue Fund
29 appropriations for employability development services
30 including operating and administrative costs and related
31 distributive purposes under Article IXA of this Code. The
32 Director, with the approval of the Governor, shall certify
33 the amount and affected line item appropriations to the State
34 Comptroller.
-10- LRB9010252SMdv
1 The Illinois Department shall apply for all waivers of
2 federal law and regulations necessary to implement this
3 subsection; implementation of this subsection is contingent
4 on the Illinois Department receiving all necessary federal
5 waivers. The Illinois Department may implement this
6 subsection through the use of emergency rules in accordance
7 with Section 5-45 of the Illinois Administrative Procedure
8 Act. For purposes of the Illinois Administrative Procedure
9 Act, the adoption of rules to implement this subsection shall
10 be considered an emergency and necessary for the public
11 interest, safety, and welfare.
12 Nothing in this subsection shall be construed to prohibit
13 the Illinois Department from using funds under this Article
14 IV to provide assistance in the form of vouchers that may be
15 used to pay for goods and services deemed by the Illinois
16 Department, by rule, as suitable for the care of the child
17 such as diapers, clothing, school supplies, and cribs.
18 (g) (Blank).
19 (h) Notwithstanding any other provision of this Code,
20 the Illinois Department is authorized to reduce payment
21 levels used to determine cash grants under this Article after
22 December 31 of any fiscal year if the Illinois Department
23 determines that the caseload upon which the appropriations
24 for the current fiscal year are based have increased by more
25 than 5% and the appropriation is not sufficient to ensure
26 that cash benefits under this Article do not exceed the
27 amounts appropriated for those cash benefits. Reductions in
28 payment levels may be accomplished by emergency rule under
29 Section 5-45 of the Illinois Administrative Procedure Act,
30 except that the limitation on the number of emergency rules
31 that may be adopted in a 24-month period shall not apply and
32 the provisions of Sections 5-115 and 5-125 of the Illinois
33 Administrative Procedure Act shall not apply. Increases in
34 payment levels shall be accomplished only in accordance with
-11- LRB9010252SMdv
1 Section 5-40 of the Illinois Administrative Procedure Act.
2 Before any rule to increase payment levels promulgated under
3 this Section shall become effective, a joint resolution
4 approving the rule must be adopted by a roll call vote by a
5 majority of the members elected to each chamber of the
6 General Assembly.
7 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
8 89-641, eff. 8-9-96; 90-17, eff. 7-1-97; 90-372, eff. 7-1-98;
9 revised 11-18-97.)
10 Section 95. No acceleration or delay. Where this Act
11 makes changes in a statute that is represented in this Act by
12 text that is not yet or no longer in effect (for example, a
13 Section represented by multiple versions), the use of that
14 text does not accelerate or delay the taking effect of (i)
15 the changes made by this Act or (ii) provisions derived from
16 any other Public Act.