State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ House Amendment 002 ]

91_HB1846

 
                                               LRB9105229SMdv

 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        Sec. 12-4.11. Grant amounts.
 9        (a)  The  Department,  with due regard for and subject to
10    budgetary limitations, shall establish grant amounts for each
11    of the programs, by regulation.  The grant amounts  may  vary
12    by program, size of assistance unit and geographic area.
13        (b)  Aid  payments  shall  not be reduced except: (1) for
14    changes in the cost of items included in the  grant  amounts,
15    or  (2)  for changes in the expenses of the recipient, or (3)
16    for changes in the  income  or  resources  available  to  the
17    recipient,  or  (4)  for  changes  in  grants  resulting from
18    adoption of a consolidated grant amount.
19        (c)  In  fixing   standards   to   govern   payments   or
20    reimbursements   for   funeral   and   burial  expenses,  the
21    Department shall take into account the services essential  to
22    a  dignified,  low-cost  funeral  and  burial, but no payment
23    shall be authorized from public aid funds for the funeral  in
24    excess  of  $650,  exclusive  of reasonable amounts as may be
25    necessary for burial space  and  cemetery  charges,  and  any
26    applicable  taxes  or  other  required  governmental  fees or
27    charges. The Department shall authorize no payment in  excess
28    of $325 for a cemetery burial.
29        (d)  Nothing  contained  in  this Section or in any other
30    Section of this Code  shall  be  construed  to  prohibit  the
31    Illinois Department (1) from consolidating existing standards
 
                            -2-                LRB9105229SMdv
 1    on the basis of any standards which are or were in effect on,
 2    or  subsequent  to  July  1,  1969, or (2) from employing any
 3    consolidated standards in determining need for public aid and
 4    the  amount  of  money  payment  or  grant   for   individual
 5    recipients or recipient families.
 6        (e)  When a recipient reports that he or she has obtained
 7    employment,   the   Department,   subject  to  the  following
 8    limitations, may project the recipient's likely earnings  and
 9    eligibility for assistance and grant level under Article IV:
10             (1)  If,  based  on the recipient's report of his or
11        her projected hours and  wage,  the  Department  projects
12        that  the  recipient  will  no  longer  be  eligible  for
13        assistance under Article IV, it may suspend cash payments
14        to the recipient but may not terminate or cancel the case
15        until the recipient has received his or her first payment
16        from  work.   If the actual earnings from the recipient's
17        first  payment  from  work  along  with  future  earnings
18        projected based on the rate of pay and number of hours or
19        days of work demonstrated by the first payment from  work
20        are found not to warrant termination or cancellation, the
21        recipient's  cash  assistance  shall  be  restored at the
22        appropriate level  for  his  or  her  actual  and  future
23        projected earnings.
24             (2)  If,  based  on the recipient's report of his or
25        her projected hours and  wage,  the  Department  projects
26        that  the recipient will continue to be eligible for cash
27        assistance under Article IV, it shall determine the level
28        of cash assistance according to its projections.  If  the
29        actual  earnings  from the recipient's first payment from
30        work along with future projected cash assistance are less
31        than the initial projection by more than $15  per  month,
32        the recipient shall receive the appropriate level of cash
33        assistance for his or her earnings projected based on the
34        rate  of pay and amount of work demonstrated in the first
 
                            -3-                LRB9105229SMdv
 1        payment from work.  If the recipient does not  provide  a
 2        copy  of his or her first paycheck stub or other proof of
 3        his or her actual earnings to  the  Department  within  2
 4        weeks  of  having received his or her first earnings from
 5        employment,  the  initial  projections  may  be  presumed
 6        valid.  When the  recipient  first  reports  his  or  her
 7        employment,  the  Department  shall  notify him or her in
 8        writing  of  this  policy  and  shall  give  him  or  her
 9        instructions about how to provide a copy of  his  or  her
10        first paycheck stub or other proof of his or her earnings
11        to the Department.
12    (Source:  P.A.  89-507,  eff.  7-1-97;  90-17,  eff.  7-1-97;
13    90-326,  eff.  8-8-97;  90-372,  eff.  7-1-98;  90-655,  eff.
14    7-30-98.)

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.

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