(320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
Sec. 1. Short title; common name. This Article shall be known and may be cited as the Senior Citizens and
Persons with Disabilities Property Tax Relief
Act. Common references to the "Circuit Breaker Act" mean this Article. As used in this Article, "this Act" means this Article.
(Source: P.A. 99-143, eff. 7-27-15.)
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(320 ILCS 25/1.5) Sec. 1.5. Implementation of Executive Order No. 3 of 2004; termination of the Illinois Senior Citizens and Disabled Persons Pharmaceutical Assistance Program. Executive Order No. 3 of 2004, in part, provided for the
transfer of the programs under this Act from the Department of
Revenue to the Department on Aging and the Department of
Healthcare and Family Services. It is the purpose of this
amendatory Act of the 96th General Assembly to conform this Act
and certain related provisions of other statutes to that
Executive Order. This amendatory Act of the 96th General
Assembly also makes other substantive changes
to this Act.
It is the purpose of this amendatory Act of the 97th General Assembly to terminate the Illinois Senior Citizens and Disabled Persons Pharmaceutical Assistance Program on July 1, 2012. (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.) |
(320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
Sec. 2. Purpose. The purpose of this Act is to provide incentives to senior citizens
and persons with disabilities in this State to acquire and retain private housing of
their choice and at the same time to relieve those citizens from the
burdens of extraordinary property taxes against their increasingly
restricted earning power, and thereby to reduce the requirements for public
housing in this State.
(Source: P.A. 99-143, eff. 7-27-15.)
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(320 ILCS 25/3) (from Ch. 67 1/2, par. 403)
Sec. 3.
Definitions.
As used in this Act, unless the context otherwise
requires, words and phrases have the meanings set forth in the following
Sections preceding Section 4.
(Source: P.A. 87-895.)
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(320 ILCS 25/3.01) (from Ch. 67 1/2, par. 403.01)
Sec. 3.01. Claimant. "Claimant" means an individual who has filed a claim for a property tax relief grant under this Act. In appropriate contexts, "claimant" may also include a person who
has applied for pharmaceutical assistance under this Act or for
other benefits that are based on eligibility for benefits under
this Act.
(Source: P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.01a) Sec. 3.01a. Claim year. "Claim year" means the calendar
year prior to the period of time during which a claimant may
file an application for benefits under this Act.
(Source: P.A. 96-804, eff. 1-1-10.) |
(320 ILCS 25/3.02)
Sec. 3.02. (Repealed).
(Source: P.A. 77-2059. Repealed by P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.03)
Sec. 3.03. (Repealed).
(Source: P.A. 77-2059. Repealed by P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.03a) Sec. 3.03a. Federal Poverty Level. "Federal Poverty Level"
means the federal poverty income guidelines as determined
annually by the United States Department of Health and Human
Services and updated periodically in the Federal Register by
that Department under the authority of 42 U.S.C. 9902(2).
(Source: P.A. 96-804, eff. 1-1-10.) |
(320 ILCS 25/3.04) (from Ch. 67 1/2, par. 403.04)
Sec. 3.04. Gross rent. "Gross rent" means the total amount paid solely for the right to occupy
a residence.
If the residence is a nursing or sheltered care home, "gross rent" means
the amount paid in a taxable year that is attributable to the cost of
housing, but not of meals or care, for the claimant in that home,
determined in accordance with regulations of the Department on Aging.
(Source: P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.05) (from Ch. 67 1/2, par. 403.05)
Sec. 3.05. Household. "Household" means a claimant or a claimant and his or her spouse, if any, living
together in the same residence. An additional resident may be counted in determining household size.
(Source: P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.05a) Sec. 3.05a. Additional resident. "Additional resident"
means a person who (i) is living in the same residence with a
claimant for the claim year and at the time of filing the
claim, (ii) is not the spouse of the claimant, (iii) does not
file a separate claim under this Act for the same period, and
(iv) receives more than half of his or her total financial
support for that claim year from the household. Prior to July 1, 2012, an additional resident who meets qualifications may receive pharmaceutical assistance based on a claimant's application.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.) |
(320 ILCS 25/3.06) (from Ch. 67 1/2, par. 403.06)
Sec. 3.06. Household income. "Household income" means the combined income of the members of a
household. The term does not include the income of any qualified additional resident who lives with the claimant.
(Source: P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07)
Sec. 3.07. Income. "Income" means adjusted gross income, properly reportable for
federal income tax purposes under the provisions of the Internal Revenue Code,
modified by adding thereto the sum of the following amounts to the extent
deducted or excluded from gross income in the computation of adjusted gross
income:
(A) An amount equal to all amounts paid or accrued as | ||
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(B) An amount equal to the amount of tax imposed by | ||
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(C) An amount equal to all amounts received during | ||
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(D) An amount equal to the amount of benefits paid | ||
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(E) An amount equal to the amount of benefits paid | ||
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(F) An amount equal to the total amount of cash | ||
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(G) An amount equal to any net operating loss | ||
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(H) An amount equal to any benefits received under | ||
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"Income" does not include any distributions or items of income described
under subparagraph (X) of paragraph (2) of subsection (a) of Section 203 of
the Illinois Income Tax Act or any payments under Section 2201 or Section 2202 of the American Recovery and Reinvestment Act of 2009.
(Source: P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.08) (from Ch. 67 1/2, par. 403.08)
Sec. 3.08. Internal Revenue Code. "Internal Revenue Code" means the United States Internal Revenue Code of 1986
or any successor law or laws relating to federal income taxes in
effect for the year.
(Source: P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.09) (from Ch. 67 1/2, par. 403.09)
Sec. 3.09. Property taxes accrued. "Property taxes accrued" means the ad valorem property taxes
extended against a residence, but does not include special assessments,
interest or charges for service. In the case of real estate improved with a
multidwelling or multipurpose building, "property taxes accrued" extended
against a residence within such a building is an amount equal to the same
percentage of the total property taxes extended against that real estate as
improved as the value of the residence is to the total value of the
building. If the multidwelling building is owned and operated as a
cooperative, the value of an individual residence is the value of the
interest in the cooperative held by the owner of record of the legal or
equitable interest, other than a leasehold interest, in the cooperative
which confers the right to occupy that residence.
In determining the amount of grant under Section 4, the applicable "property taxes accrued",
as determined under this Section, are those payable or paid
in the last preceding taxable year.
In addition, if the residence is a mobile home as defined in and subject
to the tax imposed by the Mobile Home Local Services Tax Act, "property taxes
accrued" includes the amount of privilege tax paid during the calendar year for
which benefits are claimed under that Act on that mobile home. If (i) the residence is a mobile home, (ii) the resident is
the record owner of the property upon which the mobile home is
located, and (iii) the resident is liable for the taxes imposed under the
Property Tax Code for both the mobile home and the property, then "property
taxes accrued" includes the amount of property taxes paid on both the mobile
home and the property upon which the mobile home is located.
(Source: P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.10) (from Ch. 67 1/2, par. 403.10)
Sec. 3.10. Regulations. "Regulations" includes both rules promulgated and forms prescribed by the applicable
Department. In this Act, references to the rules of the Department on Aging
or the Department of Healthcare and Family Services, in effect prior to July 1, 2012, shall be
deemed to include, in appropriate cases, the corresponding
rules adopted by the Department of Revenue, to the extent that
those rules continue in force under Executive Order No. 3 of
2004.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
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(320 ILCS 25/3.11) (from Ch. 67 1/2, par. 403.11)
Sec. 3.11.
"Rent constituting property taxes accrued" means 25% of the
amount of gross rent paid in a taxable year for a residence which was subject
to ad valorem property taxes in that year under the Property Tax Code.
(Source: P.A. 87-860; 88-670, eff. 12-2-94.)
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(320 ILCS 25/3.12) (from Ch. 67 1/2, par. 403.12)
Sec. 3.12. Residence. "Residence" means the principal dwelling place occupied in this State by
a household and so much of the surrounding land as is reasonably necessary
for use of the dwelling as a home, and includes rental property, mobile
homes, single family dwellings, and units in multifamily, multidwelling or
multipurpose buildings. If the assessor has established a specific legal
description for a portion of property constituting the residence, then that
portion of property shall be deemed "residence" for the purposes of this
Act. "Residence" also includes that portion of a nursing or sheltered care
home occupied as a dwelling by a claimant, determined as prescribed in
regulations of the Department on Aging.
(Source: P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.13) (from Ch. 67 1/2, par. 403.13)
Sec. 3.13.
"Taxable year" means the calendar year during which ad valorem property
taxes payable in the next succeeding calendar year were levied.
(Source: P.A. 77-2059.)
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(320 ILCS 25/3.14) (from Ch. 67 1/2, par. 403.14)
Sec. 3.14.
"Person with a disability" means a person unable to engage in any substantial
gainful activity by reason of a medically determinable physical or mental
impairment which can be expected to result in death or has lasted or can be
expected to last for a continuous period of not less than 12 months.
Persons with disabilities filing claims under this Act shall submit proof of
the disability in such form and manner as the Department shall by rule and
regulation prescribe. Proof that a claimant is eligible to receive
disability benefits under the Federal Social Security Act shall constitute
proof of the disability for purposes of this Act. Issuance of an Illinois
Person with a Disability Identification Card stating that the claimant is under a
Class 2 disability, as defined in Section 4A of the Illinois Identification
Card Act, shall constitute proof that the person named thereon is a
person with a disability for purposes of this Act. A person with a disability not covered
under the Federal Social Security Act
and not presenting a Disabled Person Identification Card stating that
the claimant is under a Class 2 disability
shall be examined by a physician
designated by the Department, and his status as a person with a disability
determined using the same standards as used by the Social Security
Administration. The costs of any required examination shall be borne by the
claimant.
(Source: P.A. 99-143, eff. 7-27-15.)
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(320 ILCS 25/3.15)
Sec. 3.15. (Repealed).
(Source: P.A. 93-528, eff. 1-1-04. Repealed by P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.16)
Sec. 3.16. (Repealed).
(Source: P.A. 92-597, eff. 6-28-02. Repealed by P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/3.17)
Sec. 3.17. (Repealed).
(Source: P.A. 95-689, eff. 10-29-07. Repealed by P.A. 96-804, eff. 1-1-10.)
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(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
Sec. 4. Amount of Grant.
(a) In general. Any individual 65 years or older or any individual who will
become 65 years old during the calendar year in which a claim is filed, and any
surviving spouse of such a claimant, who at the time of death received or was
entitled to receive a grant pursuant to this Section, which surviving spouse
will become 65 years of age within the 24 months immediately following the
death of such claimant and which surviving spouse but for his or her age is
otherwise qualified to receive a grant pursuant to this Section, and any
person with a disability whose annual household income is less than the income eligibility limitation, as defined in subsection (a-5)
and whose household is liable for payment of property taxes accrued or has
paid rent constituting property taxes accrued and is domiciled in this State
at the time he or she files his or her claim is entitled to claim a
grant under this Act.
With respect to claims filed by individuals who will become 65 years old
during the calendar year in which a claim is filed, the amount of any grant
to which that household is entitled shall be an amount equal to 1/12 of the
amount to which the claimant would otherwise be entitled as provided in
this Section, multiplied by the number of months in which the claimant was
65 in the calendar year in which the claim is filed.
(a-5) Income eligibility limitation. For purposes of this Section, "income eligibility limitation" means an amount for grant years 2008 through 2019: (1) less than $22,218 for a household containing one | ||
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(2) less than $29,480 for a household containing 2 | ||
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(3) less than $36,740 for a household containing 3 or | ||
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For grant years 2020 and thereafter: (1) less than $33,562 for a household containing one | ||
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(2) less than $44,533 for a household containing 2 | ||
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(3) less than $55,500 for a household containing 3 or | ||
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For 2009 claim year applications submitted during calendar year 2010, a household must have annual household income of less than $27,610 for a household containing one person; less than $36,635 for a household containing 2 persons; or less than $45,657 for a household containing 3 or more persons. The Department on Aging may adopt rules such that on January 1, 2011, and thereafter, the foregoing household income eligibility limits may be changed to reflect the annual cost of living adjustment in Social Security and Supplemental Security Income benefits that are applicable to the year for which those benefits are being reported as income on an application. If a person files as a surviving spouse, then only his or her income shall be counted in determining his or her household income. (b) Limitation. Except as otherwise provided in subsections (a) and (f)
of this Section, the maximum amount of grant which a claimant is
entitled to claim is the amount by which the property taxes accrued which
were paid or payable during the last preceding tax year or rent
constituting property taxes accrued upon the claimant's residence for the
last preceding taxable year exceeds 3 1/2% of the claimant's household
income for that year but in no event is the grant to exceed (i) $700 less
4.5% of household income for that year for those with a household income of
$14,000 or less or (ii) $70 if household income for that year is more than
$14,000.
(c) Public aid recipients. If household income in one or more
months during a year includes cash assistance in excess of $55 per month
from the Department of Healthcare and Family Services or the Department of Human Services (acting
as successor to the Department of Public Aid under the Department of Human
Services Act) which was determined under regulations of
that Department on a measure of need that included an allowance for actual
rent or property taxes paid by the recipient of that assistance, the amount
of grant to which that household is entitled, except as otherwise provided in
subsection (a), shall be the product of (1) the maximum amount computed as
specified in subsection (b) of this Section and (2) the ratio of the number of
months in which household income did not include such cash assistance over $55
to the number twelve. If household income did not include such cash assistance
over $55 for any months during the year, the amount of the grant to which the
household is entitled shall be the maximum amount computed as specified in
subsection (b) of this Section. For purposes of this paragraph (c), "cash
assistance" does not include any amount received under the federal Supplemental
Security Income (SSI) program.
(d) Joint ownership. If title to the residence is held jointly by
the claimant with a person who is not a member of his or her household,
the amount of property taxes accrued used in computing the amount of grant
to which he or she is entitled shall be the same percentage of property
taxes accrued as is the percentage of ownership held by the claimant in the
residence.
(e) More than one residence. If a claimant has occupied more than
one residence in the taxable year, he or she may claim only one residence
for any part of a month. In the case of property taxes accrued, he or she
shall prorate 1/12 of the total property taxes accrued on
his or her residence to each month that he or she owned and occupied
that residence; and, in the case of rent constituting property taxes accrued,
shall prorate each month's rent payments to the residence
actually occupied during that month.
(f) (Blank).
(g) Effective January 1, 2006, there is hereby established a program of pharmaceutical assistance to the aged and to persons with disabilities, entitled the Illinois Seniors and Disabled Drug Coverage Program, which shall be administered by the Department of Healthcare and Family Services and the Department on Aging in accordance with this subsection, to consist of coverage of specified prescription drugs on behalf of beneficiaries of the program as set forth in this subsection. Notwithstanding any provisions of this Act to the contrary, on and after July 1, 2012, pharmaceutical assistance under this Act shall no longer be provided, and on July 1, 2012 the Illinois Senior Citizens and Disabled Persons Pharmaceutical Assistance Program shall terminate. The following provisions that concern the Illinois Senior Citizens and Disabled Persons Pharmaceutical Assistance Program shall continue to apply on and after July 1, 2012 to the extent necessary to pursue any actions authorized by subsection (d) of Section 9 of this Act with respect to acts which took place prior to July 1, 2012. To become a beneficiary under the program established under this subsection, a person must: (1) be (i) 65 years of age or older or (ii) a person | ||
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(2) be domiciled in this State; and (3) enroll with a qualified Medicare Part D | ||
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(4) for the 2006 and 2007 claim years, have a maximum | ||
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(5) for the 2008 claim year, have a maximum household | ||
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(6) for 2009 claim year applications submitted during | ||
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(7) as of September 1, 2011, have a maximum household | ||
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All individuals enrolled as of December 31, 2005, in the pharmaceutical assistance program operated pursuant to subsection (f) of this Section and all individuals enrolled as of December 31, 2005, in the SeniorCare Medicaid waiver program operated pursuant to Section 5-5.12a of the Illinois Public Aid Code shall be automatically enrolled in the program established by this subsection for the first year of operation without the need for further application, except that they must apply for Medicare Part D and the Low Income Subsidy under Medicare Part D. A person enrolled in the pharmaceutical assistance program operated pursuant to subsection (f) of this Section as of December 31, 2005, shall not lose eligibility in future years due only to the fact that they have not reached the age of 65. To the extent permitted by federal law, the Department may act as an authorized representative of a beneficiary in order to enroll the beneficiary in a Medicare Part D Prescription Drug Plan if the beneficiary has failed to choose a plan and, where possible, to enroll beneficiaries in the low-income subsidy program under Medicare Part D or assist them in enrolling in that program. Beneficiaries under the program established under this subsection shall be divided into the following 4 eligibility groups: (A) Eligibility Group 1 shall consist of | ||
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(i) a person with a disability and under age 65; | ||
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(ii) age 65 or older, with incomes over 200% of | ||
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(iii) age 65 or older, with incomes at or below | ||
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(B) Eligibility Group 2 shall consist of | ||
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(C) Eligibility Group 3 shall consist of | ||
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If the State applies and receives federal approval | ||
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(D) Eligibility Group 4 shall consist of | ||
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The program established under this subsection shall cover the cost of covered prescription drugs in excess of the beneficiary cost-sharing amounts set forth in this paragraph that are not covered by Medicare. The Department of Healthcare and Family Services may establish by emergency rule changes in cost-sharing necessary to conform the cost of the program to the amounts appropriated for State fiscal year 2012 and future fiscal years except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 of the Illinois Administrative Procedure Act shall not apply to rules adopted under this subsection (g). The adoption of emergency rules authorized by this subsection (g) shall be deemed to be necessary for the public interest, safety, and welfare.
For purposes of the program established under this subsection, the term "covered prescription drug" has the following meanings: For Eligibility Group 1, "covered prescription drug" | ||
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For Eligibility Group 2, "covered prescription drug" | ||
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For Eligibility Group 3, "covered prescription drug" | ||
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For Eligibility Group 4, "covered prescription drug" | ||
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Any person otherwise eligible for pharmaceutical assistance under this subsection whose covered drugs are covered by any public program is ineligible for assistance under this subsection to the extent that the cost of those drugs is covered by the other program. The Department of Healthcare and Family Services shall establish by rule the methods by which it will provide for the coverage called for in this subsection. Those methods may include direct reimbursement to pharmacies or the payment of a capitated amount to Medicare Part D Prescription Drug Plans. For a pharmacy to be reimbursed under the program established under this subsection, it must comply with rules adopted by the Department of Healthcare and Family Services regarding coordination of benefits with Medicare Part D Prescription Drug Plans. A pharmacy may not charge a Medicare-enrolled beneficiary of the program established under this subsection more for a covered prescription drug than the appropriate Medicare cost-sharing less any payment from or on behalf of the Department of Healthcare and Family Services. The Department of Healthcare and Family Services or the Department on Aging, as appropriate, may adopt rules regarding applications, counting of income, proof of Medicare status, mandatory generic policies, and pharmacy reimbursement rates and any other rules necessary for the cost-efficient operation of the program established under this subsection. (h) A qualified individual is not entitled to duplicate
benefits in a coverage period as a result of the changes made
by this amendatory Act of the 96th General Assembly.
(Source: P.A. 101-10, eff. 6-5-19.)
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(320 ILCS 25/4.05) Sec. 4.05. Application. (a) The Department on Aging shall establish the content,
required eligibility and identification information, use of
social security numbers, and manner of applying for benefits in a simplified format
under this Act. (b) An application may be filed on paper or over the Internet. (c) Applications must be filed during the time period
prescribed by the Department.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.) |
(320 ILCS 25/4.1)
Sec. 4.1. (Repealed).
(Source: P.A. 92-519, eff. 1-1-02. Repealed by P.A. 97-689, eff. 6-14-12.)
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(320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
Sec. 5. Procedure.
(a) In general. Claims must be filed after January 1, on forms prescribed
by the Department. No claim may be filed more than one year after December 31
of the year for which the claim is filed.
(b) Claim is Personal. The right to file a claim under this Act
shall be personal to the claimant and shall not survive his death, but
such right may be exercised on behalf of a claimant by his legal
guardian or attorney-in-fact. If a claimant dies after having filed a
timely claim, the amount thereof shall be disbursed to his surviving spouse
or, if no spouse survives, to his surviving dependent minor children in
equal parts, provided the spouse or child, as the case may be, resided with
the claimant at the time he filed his claim. If at the time of disbursement
neither the claimant nor his spouse is surviving, and no dependent minor
children of the claimant are surviving the amount of the claim shall
escheat to the State.
(c) One claim per household. Only one member of a household may file
a claim under this Act in any calendar year; where both members of a
household are otherwise entitled to claim a grant under this Act, they
must agree as to which of them will file a claim for that year.
(d) (Blank).
(e) Pharmaceutical Assistance Procedures.
Prior to July 1, 2012, the Department of Healthcare and Family Services shall determine eligibility for pharmaceutical assistance using
the applicant's current income. The Department shall determine a person's
current income in the manner provided by the Department by rule.
(f) A person may not under any circumstances charge a fee to a claimant under this Act for assistance in completing an application form for a property tax relief grant under this Act. (Source: P.A. 96-491, eff. 8-14-09; 96-804, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
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(320 ILCS 25/5.1) (from Ch. 67 1/2, par. 405.1)
Sec. 5.1.
Eligibility to receive a grant pursuant to this Act shall not
be affected by participation in the "Senior Citizens Real Estate Tax
Act", veto overridden November 2, 1983.
(Source: P.A. 84-1308.)
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(320 ILCS 25/6) (from Ch. 67 1/2, par. 406)
Sec. 6. Administration.
(a) In general. Upon receipt of a timely filed claim, the Department
shall determine whether the claimant is a person entitled to a grant under
this Act and the amount of grant to which he is entitled under this Act.
The Department may require the claimant to furnish reasonable proof of the
statements of domicile, household income, rent paid, property taxes accrued
and other matters on which entitlement is based, and may withhold payment
of a grant until such additional proof is furnished.
(b) Rental determination. If the Department finds that the gross rent
used in the computation by a claimant of rent constituting property taxes
accrued exceeds the fair rental value for the right to occupy that
residence, the Department may determine the fair rental value for that
residence and recompute rent constituting property taxes accrued accordingly.
(c) Fraudulent claims. The Department shall deny claims which have been
fraudulently prepared or when it finds that the claimant has acquired title
to his residence or has paid rent for his residence primarily for the
purpose of receiving a grant under this Act.
(d) (Blank).
(Source: P.A. 96-328, eff. 8-11-09; 97-333, eff. 8-12-11; 97-689, eff. 6-14-12.)
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(320 ILCS 25/7) (from Ch. 67 1/2, par. 407)
Sec. 7. Payment and denial of claims. (a) In general. The Director shall order the payment from appropriations
made for that purpose of grants to claimants under this Act in the amounts
to which the Department has determined they are entitled, respectively. If
a claim is denied, the Director shall cause written notice of that denial
and the reasons for that denial to be sent to the claimant.
(b) Payment of claims one dollar and under. Where the amount of the
grant computed under Section 4 is less than one dollar, the Department
shall pay to the claimant one dollar.
(c) Right to appeal. Any person aggrieved by an action or determination of
the Department on Aging arising under any of its powers or
duties under this Act may request in writing that the
Department on Aging reconsider its action or determination,
setting out the facts upon which the request is based. The
Department on Aging shall consider the request and either
modify or affirm its prior action or determination. The
Department on Aging may adopt, by rule, procedures for conducting
its review under this Section.
(d) (Blank).
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
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(320 ILCS 25/7.1) (from Ch. 67 1/2, par. 407.1)
Sec. 7.1.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(320 ILCS 25/8) (from Ch. 67 1/2, par. 408)
Sec. 8. Records. Every claimant of a grant under this Act and, prior to July 1, 2012, every applicant for pharmaceutical assistance under this Act shall keep such records, render
such statements, file such forms and comply with such rules and regulations
as the Department on Aging may from time to time prescribe. The Department on Aging may by
regulations require landlords to furnish to tenants statements as to gross
rent or rent constituting property taxes accrued.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
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(320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)
Sec. 8a. Confidentiality.
(a) Except as otherwise provided in this Act, all
information received by the Department of Revenue or its successors, the Department on Aging and the Department of Healthcare and Family Services, from claims filed under this Act, or
from any investigation conducted under the provisions
of this Act, shall be confidential, except for official purposes within those Departments
or pursuant to official
procedures for collection of any State tax or enforcement of any civil or
criminal penalty or sanction imposed
by this Act or by any statute imposing a State tax, and any person who divulges
any such information in any
manner, except for such purposes and pursuant to order of the Director of one of those Departments or
in accordance with a proper judicial order, shall be guilty of a Class A
misdemeanor.
(b) Nothing contained in this Act shall prevent the Director of Aging from publishing
or making available reasonable statistics concerning the operation of the
grant programs contained in this Act wherein the contents
of claims are grouped into aggregates in such a way that information contained
in any individual claim shall not be disclosed.
(c) The Department on Aging shall furnish to the Secretary of State such
information as is reasonably necessary for the administration of reduced
vehicle registration fees pursuant to Section 3-806.3 of the Illinois Vehicle
Code.
(d) The Director of the Department on Aging shall make information available to the State Board of Elections as may be required by an agreement the State Board of Elections has entered into with a multi-state voter registration list maintenance system. (Source: P.A. 100-201, eff. 8-18-17.)
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(320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
Sec. 9. Fraud; error. (a) Any person who files a fraudulent claim
for a grant under this Act, or who for compensation prepares a claim
for a grant and
knowingly enters false information on an application for any claimant under
this Act, or who fraudulently files multiple applications, or who
fraudulently states that a person without a disability is a person with a disability, or who, prior to July 1, 2012, fraudulently procures pharmaceutical assistance benefits, or
who fraudulently uses such assistance to procure covered prescription drugs, or
who, on behalf of an authorized pharmacy, files a fraudulent request for payment, is
guilty of a Class 4 felony for the first offense and is guilty of a Class 3
felony for each subsequent offense. (b) (Blank). (c) The Department on Aging may recover from a
claimant any amount paid to that claimant under this
Act on account of an erroneous or
fraudulent claim, together with 6% interest per year. Amounts
recoverable from a claimant by the Department on Aging under
this Act may, but need not, be recovered by offsetting the
amount owed against any future grant payable to the person
under this Act. The Department of Healthcare and Family Services may
recover for acts prior to July 1, 2012 from an authorized pharmacy any amount paid to that
pharmacy under the pharmaceutical assistance program on
account of an erroneous or fraudulent request for payment under
that program, together with 6% interest per year. The
Department of Healthcare and Family Services may recover from a
person who erroneously or fraudulently obtains benefits under
the pharmaceutical assistance program the value of the benefits
so obtained, together with 6% interest per year. (d) A prosecution for
a violation of this Section may be commenced at any time within 3 years
of the commission of that violation.
(Source: P.A. 99-143, eff. 7-27-15.)
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(320 ILCS 25/9.1) (from Ch. 67 1/2, par. 409.1)
Sec. 9.1.
(Repealed).
(Source: P.A. 92-84, eff. 7-1-02. Repealed internally, eff. 7-1-02.)
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(320 ILCS 25/10) (from Ch. 67 1/2, par. 410)
Sec. 10.
Arrangements and Captions.
No inference, implication, or presumption of legislative construction
shall be drawn or made by reason of the location or grouping of any
particular section or provision of this Act, nor shall any caption be given
any legal effect.
(Source: P.A. 77-2059.)
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(320 ILCS 25/11) (from Ch. 67 1/2, par. 411)
Sec. 11.
Severability.
If any clause, sentence, section, provision or part of this Act or the
application thereof to any person or circumstance shall be adjudged to be
unconstitutional, the remainder of this Act or its application to persons
or circumstances other than those to which it is held invalid, shall not be
affected thereby.
(Source: P.A. 77-2059.)
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(320 ILCS 25/12) (from Ch. 67 1/2, par. 412)
Sec. 12. Regulations - Department on Aging.
(a) Regulations. Notwithstanding any other provision to the contrary,
the Department on Aging may adopt rules regarding applications,
proof of eligibility, required identification information, use
of social security numbers, counting of income, and a method of
computing "gross rent" in the case of a claimant living in a
nursing or sheltered care home, and any other rules necessary
for the cost-efficient operation of the program established
under Section 4.
(b) The Department on Aging shall, to the extent of appropriations made
for that purpose:
(1) attempt to secure the cooperation of appropriate | ||
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(2) prepare a mailing list of persons eligible for | ||
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(3) secure the cooperation of the Department of | ||
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(4) through use of direct mail, newspaper | ||
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(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
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(320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
Sec. 13. List of persons who have qualified. The Department on Aging shall maintain a list of all
persons who have qualified under this Act and shall make the list
available to the Department of Public Health, the Secretary of State, municipalities, and public transit authorities upon request.
All information received by a State agency, municipality, or public transit authority under this Section
shall be confidential, except for official purposes, and any
person who divulges or uses that information in any manner,
except in accordance with a proper judicial order, shall be
guilty of a Class B misdemeanor.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
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