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91_HB1249
LRB9101472SMdvA
1 AN ACT to amend the Illinois Public Aid Code by adding
2 Sections 4-12.5 and 4-12.6.
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 Sections 4-12.5 and 4-12.6 as follows:
7 (305 ILCS 5/4-12.5 new)
8 Sec. 4-12.5. Safety net assistance.
9 (a) Definition. As used in this Article "safety net
10 assistance" means allowances for all support, maintenance,
11 and need, and costs of suitable training in a trade to enable
12 a person to become self-supporting, furnished eligible needy
13 persons or their dependents in their abode or habitation
14 whenever possible, but does not include hospital or
15 institutional care, Temporary Assistance for Needy Families,
16 medical assistance, or Aid to the Aged Blind or Disabled.
17 (b) Eligibility.
18 (1) A person is eligible for safety net assistance
19 who is financially needy as determined in accordance with
20 Section 4-1.6 and the rules promulgated under that
21 Section, is not in sanction status for a program
22 authorized under this Code, and:
23 (A) resides in a family which is ineligible for
24 Temporary Assistance for Needy Families or other
25 assistance funded by the federal Temporary
26 Assistance for Needy Families block grant because an
27 adult in the family has exceeded the maximum
28 durational limits on such assistance contained in
29 Section 4-1.12, or
30 (B) is an adult who would otherwise be eligible
31 for Temporary Assistance for Needy Families except
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1 that he or she does not reside with a dependent
2 child, or
3 (C) is under the age of 18, not living with
4 his or her child, and has no adult relatives with
5 whom to reside, or
6 (D) is a qualified alien who is ineligible to
7 receive assistance funded under the Temporary
8 Assistance for Needy Families Block grant solely
9 because of Section 403 of the federal Personal
10 Responsibility and Work Opportunity Reconciliation
11 Act of 1996 (P.L. 104-193) or is an alien who is
12 permanently residing under color of law but is not a
13 qualified alien.
14 (2) A person eligible for Temporary Assistance for
15 Needy Families shall be granted Temporary Assistance for
16 Needy Families and while receiving such aid shall not be
17 eligible for safety net assistance. A person who is
18 receiving federal Supplemental Security Income payments
19 or additional State payments shall not be eligible for
20 safety net assistance. An applicant for or recipient of
21 safety net assistance shall be required, as a condition
22 of eligibility for safety net assistance, to sign a
23 written authorization allowing the Secretary of the
24 federal Department of Health and Human Services to pay to
25 the Department his or her initial Supplemental Security
26 Income payment and allowing the Department to deduct from
27 his or her initial payment the amount of safety net
28 assistance granted for any month for which he or she
29 subsequently is determined eligible to receive
30 Supplemental Security Income benefits. For the purposes
31 of this subdivision (b)(2) the term "initial payment"
32 means the first payment of Supplemental Security Income
33 benefits after a person files an application for benefits
34 or after a person who has been terminated or suspended
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1 from eligibility for Supplemental Security Income
2 benefits subsequently has been found eligible for such
3 benefits. An applicant for safety net assistance who
4 reasonably appears to meet the criteria for eligibility
5 for federal Supplemental Security Income payments shall
6 also be required, as a condition of eligibility for
7 safety net assistance, to apply for such payments and
8 shall, if otherwise eligible therefor, be eligible for
9 safety net assistance until he or she has received a
10 federal Supplemental Security Income payment. Further,
11 if an applicant for safety net assistance is required to
12 apply for federal Supplemental Security Income payments
13 and is denied, such person shall, subject to Department
14 rule, also be required as a condition of eligibility to
15 appeal his or her denial and exhaust his or her
16 administrative remedies; such person shall remain
17 eligible for safety net assistance, so long as he or she
18 otherwise remains eligible while his or her appeal is
19 pending.
20 (3) A person shall not be eligible for safety net
21 assistance who has made a voluntary assignment or
22 transfer of property for the purpose of qualifying for
23 such aid. A transfer of property made within one year of
24 the date of application shall be presumed to have been
25 made for the purpose of qualifying for such assistance.
26 (4) Department officials shall determine
27 eligibility for safety net assistance within 45 days of
28 receiving an application for safety net assistance. Such
29 officials shall notify applicants of safety net
30 assistance about the availability of assistance to meet
31 emergency circumstances or to prevent eviction.
32 (5) Application for or receipt of safety net
33 assistance shall operate as an assignment to the State
34 and the Department of any rights to support from any
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1 other person as such applicant or recipient may have on
2 his or her own behalf or on behalf of any other family
3 member for whom the applicant or recipient is applying
4 for or receiving assistance. Applicants for or
5 recipients of safety net assistance shall be informed
6 that such application for or receipt of such benefits
7 will constitute such an assignment. Such assignment
8 shall terminate with respect to current support rights
9 upon a determination by the Department that such person
10 is no longer eligible for safety net assistance, except
11 with respect to the amount of any unpaid support
12 obligation that has accrued.
13 (6) In addition to other eligibility requirements,
14 each person who is applying for or receiving assistance
15 under this Section, and who is otherwise eligible for
16 assistance under this Section, shall be required, as a
17 further condition of eligibility for such assistance:
18 (A) to assign to the State and the Department
19 any rights to support such person may have either on
20 his own behalf or on behalf of any other family
21 member for whom he is applying for or receiving aid;
22 and
23 (B) to cooperate with the State and the
24 Department, in accordance with standards established
25 by rules of the Department consistent with federal
26 law and regulations, in establishing the paternity
27 of a child born out-of-wedlock for whom assistance
28 under this Section is being applied for or received,
29 in their efforts to locate any absent parent and in
30 obtaining support payments or any other payments or
31 property due such person and due each child for whom
32 assistance under this Section is being applied for
33 or received, except that an applicant or recipient
34 shall not be required to cooperate in such efforts
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1 in cases in which the Department has determined, in
2 accordance with criteria, including the best
3 interests of the child, as established by rules of
4 the Department consistent with federal law and
5 regulations, that such applicant or recipient has
6 good cause to refuse to cooperate. The Department
7 shall inform applicants for and recipients of safety
8 net assistance required to cooperate with the
9 Department pursuant to the provisions of this
10 subdivision (b)(6)(B), that where a proceeding to
11 establish paternity has been filed, and the
12 allegation of paternity has been denied by the
13 respondent, there shall be a stay of all paternity
14 proceedings and related Department proceedings until
15 60 days after the birth of the child. Such
16 applicants and recipients shall also be informed
17 that public assistance and care shall not be denied
18 during a stay on the basis of refusal to cooperate
19 pursuant to the provisions of this subdivision
20 (b)(6)(B).
21 (7) As a condition of eligibility for the receipt of
22 safety net assistance, every applicant for such
23 assistance must:
24 (A) sign an agreement which provides that, if
25 it is determined that money is owed to the
26 Department because of overpayments of safety net
27 assistance to the applicant while a recipient of
28 safety net assistance, the applicant agrees to repay
29 any such money that remains due after the applicant
30 ceases to receive safety net assistance; and
31 (B) sign an assignment of future earnings on a
32 form prescribed by the Department to secure the
33 repayment of any money that is determined, after
34 providing the opportunity for a fair hearing, to be
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1 owed to the Department because of overpayments of
2 safety net assistance to the applicant while a
3 recipient of safety net assistance. The prescribed
4 form shall include the following notice: "THIS
5 AGREEMENT AUTHORIZES THE DEPARTMENT OF HUMAN
6 SERVICES TO RECOVER ANY OVERPAYMENT OF YOUR PUBLIC
7 ASSISTANCE BENEFITS BY COLLECTING THE AMOUNT OF THE
8 OVERPAYMENT DIRECTLY FROM YOUR FUTURE WAGES. IF YOU
9 FAIL TO MAKE THE PAYMENTS REQUIRED BY A REPAYMENT
10 AGREEMENT BETWEEN YOU AND THE DEPARTMENT OF HUMAN
11 SERVICES, THE DEPARTMENT OF HUMAN SERVICES WILL FILE
12 THIS AGREEMENT WITH YOUR EMPLOYER AND RECOVER THE
13 OVERPAYMENT DIRECTLY FROM YOUR WAGES." In addition,
14 the assignment of future earnings and the
15 enforcement of the assignment must comply with any
16 other relevant State law. The Department may file
17 the assignment of future earnings with the employer
18 of the assignor only if the assignor fails to make
19 payments of money owed to the Department in
20 accordance with the agreement required in
21 subdivision (b)(7)(A) of this Section.
22 (8) No person who resides with his or her minor
23 child shall be eligible for safety net assistance except
24 as provided in subdivision (b)(1) of this Section.
25 (c) Safety net assistance.
26 (1) Safety net assistance shall be provided in
27 amounts determined in accordance with rules promulgated
28 under Section 4-1.6 in the following manner:
29 (A) Cash assistance. Safety net assistance
30 shall be granted in cash, however, where the
31 granting of cash may be deemed inappropriate by the
32 Department because of an inability to manage funds,
33 or because less expensive or more easily controlled
34 alternative methods of payment are available, or in
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1 the case of vendor payments to landlords made for
2 individuals residing in public housing or for
3 similar other reasons as established by Department
4 rules, or where an individual has so requested,
5 safety net assistance may be granted in whole or in
6 part by restricted payment.
7 (B) Non-cash assistance. Safety net assistance
8 paid as non-cash assistance shall be paid in the
9 following manner and in the following order:
10 (i) Shelter assistance. The Department
11 shall make a payment for shelter by direct
12 payment, two-party check, or other form of
13 restricted payment up to the maximum amount
14 established by the Department by rule, provided
15 that the Department may make a payment for a
16 recipient`s assistance in excess of such
17 maximum at the request of the recipient. The
18 Department shall make payment for shelter by
19 two-party check upon request of the recipient;
20 provided, however, that the Department may make
21 a direct payment whenever it finds that the
22 recipient has persistently failed to make
23 payment for rent without good cause as defined
24 by rules of the Department. The Department
25 shall provide a recipient with proof of payment
26 promptly upon request by the recipient.
27 (ii) Utility assistance. The Department
28 shall make a direct payment, a payment by two
29 party check, or other form of restricted
30 payment on behalf of recipients of safety net
31 assistance who pay separately for utilities.
32 Payment for utilities shall include payment for
33 fuel for heating on behalf of recipients who
34 are eligible for a fuel for heating allowance.
-8- LRB9101472SMdvA
1 Payments for fuel for heating shall not exceed
2 the fuel for heating allowance set by the
3 Department by rule, except that the Department
4 may make a payment in excess of such amount at
5 the request of the recipient. The Department
6 shall provide a recipient with proof of
7 payment promptly upon request by the recipient.
8 (iii) Personal needs allowance. To the
9 extent available within payment amounts
10 authorized under rules adopted pursuant to
11 Section 4-1.6, the Department shall provide
12 each household with a personal needs allowance
13 and the appropriate amount of home energy grant
14 and supplemental home energy grant as
15 determined by the Department by rule.
16 (iv) Other assistance. The remainder of
17 the safety net assistance shall be provided on
18 a non-cash basis, provided that an appropriate
19 electronic benefit transfer system is operating
20 in the county in which the recipient resides.
21 (2) Persons eligible for safety net assistance
22 because they are persons described subdivision (b)(1)(B)
23 or (b)(1)(C) of this Section shall receive cash
24 assistance, as defined in subdivision (c)(1) of this
25 Section, for 2 years in a lifetime, whether or not
26 consecutive, after the effective date of this amendatory
27 Act of 1999. On and after December 1, in the year 2
28 years after the year this amendatory Act of 1999 takes
29 effect, persons who are eligible for safety net
30 assistance but who have received cash assistance for 2
31 years or more shall receive assistance only in the form
32 of non-cash assistance. A person may receive cash
33 assistance in excess of 2 years if the person is
34 otherwise eligible for safety net assistance but the
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1 county in which the person resides has not yet
2 implemented a non-cash assistance program.
3 (3) Persons eligible for safety net assistance
4 because they are persons described subdivision (b)(1)(A)
5 of this Section shall receive assistance in the form of
6 non-cash assistance.
7 (4) Persons eligible for safety net assistance
8 because they are persons described in subdivision
9 (b)(1)(D) of this Section shall receive cash assistance
10 in the safety net program for 2 years in a lifetime,
11 whether or not consecutive, after the effective date of
12 this amendatory Act of 1999. On and after December 1, in
13 the year 2 years after the year this amendatory Act of
14 1999 takes effect, persons who are eligible for safety
15 net assistance but have received cash assistance for 2
16 years or more in the safety net program shall receive
17 assistance only in the form of non-cash assistance. A
18 person may receive cash assistance in excess of 2 years
19 if the person is otherwise eligible for safety net
20 assistance but the county in which the person resides has
21 not implemented a non-cash program.
22 (5) In calculating the period of cash assistance,
23 periods in which a recipient received federally funded
24 refugee assistance shall be included.
25 (6) Notwithstanding subdivisions (c)(2) and (c)(3)
26 of this Section, adults eligible for safety net
27 assistance who are exempt from the employment
28 requirements contained in Article 9A shall receive cash
29 assistance, unless the adult has been found ineligible
30 for assistance under Section 1-10.
31 (7) The Department shall provide non-cash
32 assistance to persons eligible for safety net assistance
33 because they are persons described in subdivisions
34 (b)(1)(B) and (b)(1)(C) of this Section, who have
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1 received cash assistance for 2 years or more, on and
2 after December 1, in the year 2 years after the year this
3 amendatory Act of 1999 takes effect. The Department
4 shall provide non-cash assistance for persons described
5 in subdivision (b)(1)(A) of this Section on and after
6 December 1, in the year 3 years after the year in this
7 amendatory Act of 1999 takes effect. However, a county
8 Department shall not implement subdivision (c)(1)(B)(iv)
9 of this Section until an appropriate electronic benefit
10 transfer system is operating in the county.
11 (8) Notwithstanding subdivision (c)(7) of this
12 Section or any other inconsistent provision of this
13 Section, the Department may approve up to 5 counties to
14 provide non-cash assistance to persons described in
15 subdivisions (b)(1)(B), (b)(1)(C), and (b)(1)(D) of this
16 Section who have received cash assistance for 2 years,
17 beginning on December 1, in the year one year after the
18 year this amendatory Act of 1999 takes effect, provided
19 that an appropriate electronic benefit transfer system is
20 operating in the county.
21 (305 ILCS 5/4-12.6 new)
22 Sec. 4-12.6. Safety net assistance recipients authorized
23 to work. Notwithstanding any other provision of law to the
24 contrary, a Department official may, in his or her
25 discretion, authorize a recipient of safety net assistance to
26 work and retain the income derived therefrom without any
27 diminution or with partial diminution of safety net
28 assistance where such an arrangement would, in his or her
29 opinion, lead to elimination of the recipient from the
30 assistance rolls in a reasonable length of time. The
31 Department shall promulgate rules to effectuate the purpose
32 of this Section.