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90_HB1129eng
305 ILCS 5/4-20 new
Amends the Aid to Families with Dependent Children
Article of the Illinois Public Aid Code. Provides that the
Department of Human Services, as the successor agency to the
Department of Public Aid for the purpose of administering the
AFDC program, shall apply the same budgeting process to
income from child support as it does for earned income, but
not counting as income the first $50 in child support
received each month. Provides that families may choose to
have the unearned income of a household member who is not
included in the assistance unit budgeted as earned income of
the assistance unit. Effective July 1, 1997.
LRB9003120SMdvA
HB1129 Engrossed LRB9003120SMdvA
1 AN ACT to amend the Illinois Public Aid Code by adding
2 Section 4-20.
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 adding Section 4-20 as follows:
7 (305 ILCS 5/4-20 new)
8 Sec. 4-20. Child support income budgeting.
9 (a) Legislative findings. The General Assembly finds
10 that families receiving aid under this Article should be
11 encouraged to secure income from child support to better
12 position themselves for transition off welfare. The General
13 Assembly further finds that the current methods of budgeting
14 child support income for families receiving aid under this
15 Article is complicated and penalizes families with earnings
16 from employment who have child support collected on their
17 behalf.
18 (b) For families receiving cash assistance under this
19 Article who have both earned income and child support income,
20 the Department shall distribute to the family all child
21 support, up to the amount of the monthly current support
22 obligation or obligations received on behalf of all children
23 in the household who receive cash assistance. The Department
24 shall budget the child support income by reducing the monthly
25 cash assistance for the household by an amount equal to
26 one-third of the child support distributed to the household
27 under this Section. The household shall continue to be
28 eligible for cash assistance under this Article if the total
29 monthly income for the household from the combination of
30 budgeted earned income and budgeted child support does not
31 exceed the federal poverty level as defined by the United
HB1129 Engrossed -2- LRB9003120SMdvA
1 States Department of Health and Human Services.
2 Implementation of this budgeting process is contingent on the
3 Department's either receiving confirmation from the United
4 States Department of Health and Human Services that the
5 federal government will not claim any of the child support
6 distributed to families under this budgeting process as the
7 federal share of the amount collected or obtaining a waiver
8 from the United States Department of Health and Human
9 Services allowing use of this budgeting process and releasing
10 the federal government's claim to the federal share of the
11 amount collected.
12 (c) Families receiving assistance under this Article who
13 are entitled under federal or State law or court order to
14 have the unearned income of a household member who is not
15 included in the assistance unit earmarked or excluded from
16 consideration in the budgeting process shall have the right
17 to choose whether to have that unearned income earmarked or
18 excluded or to have it budgeted according to subsection (b).
19 Section 99. Effective date. This Act takes effect July
20 1, 1997.