CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
SUBCHAPTER f: COLLECTIONS
PART 160 CHILD SUPPORT SERVICES
SECTION 160.5 DEFINITIONS
Section 160.5 Definitions
"AAA Request", for the purpose of this Part, refers to a request for the Administrative Accountability Analysis (AAA) process that shall include, but not be limited to, requests made in person, by mail, by e-mail, or any other appropriate method provided for by law and technology that may exist for similar proceedings in Illinois.
"AAA Conference", for the purpose of this Part, refers to methods of conducting a AAA Conference that shall include, but not be limited to, telephone, in person/face-to-face, videoconference (e.g., WebEx), or any other appropriate method provided for by law and technology that may exist for similar proceedings in Illinois.
"Application for IV-D Services" refers to an application for child support enforcement services that is a signed, written request completed in accordance with the Department's requirements for a IV-D case as defined in Section 160.10(a)(9). An electronic signature is created when a web application is submitted and received via the internet. For the purpose of an application for IV-D Services, application is meant to incorporate and be used interchangeably with similar terms including enrollment, enrolling, and enroll, used in any communication with existing or potential IV-D participants or in any publications or listings offering IV-D Services to the public. These similar terms are all meant to refer to the application for IV-D Services provided for under Federal and State law.
"Assignment of Medical Support" refers to the transfer of support rights to the Department by the acceptance of Medicaid benefits under 42 USC 1396k and Section 10-1 of the Illinois Public Aid Code [305 ILCS 5].
"Assignment of Support" refers to the transfer of support rights to the Department by the acceptance of TANF benefits, pursuant to 42 USC 608(a)(3) and Section 10-1 of the Illinois Public Aid Code [305 ILCS 5] or the Department of Children and Family Services (DCFS), in the case of IV-E foster care, pursuant to 42 USC 671(a)(17) and Section 9.1 of the Children and Family Services Act [20 ILCS 505].
"Assistance Standard" shall have the meaning ascribed to it in 89 Ill. Adm. Code 111.
"Cancellation" refers to the discontinuance of TANF financial and medical benefits for an assistance unit because of the failure to satisfy the conditions of eligibility under the Title IV-A State Plan.
"Central Authority" means the agency designated by a government to facilitate support enforcement with a foreign reciprocating country pursuant to section 459A of the Social Security Act (42 USC 659a).
"Child" refers to any child under the age of 18 years and any child under the age of 19 years who is still attending high school (see Section 505 of the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5]).
"Child Support Enforcement Services" refers to those services provided to establish, enforce and collect support, in accordance with an approved State Plan under Title IV-D of the Social Security Act (42 USC 654).
"Country" means a foreign country (or a political subdivision of a foreign country) declared to be a foreign reciprocating country pursuant to section 459A of the Social Security Act (42 USC 659a) and any foreign country (or political subdivision) with which the State of Illinois has entered into a reciprocal arrangement for the establishment and enforcement of support obligations to the extent consistent with federal law (section 459A(d) of the Social Security Act).
"Custodial Parent" refers to a person who is receiving, or is entitled to receive, under the law, support for a minor dependent (child) and is meant to incorporate and be used interchangeably with all similar terms, used in any statute or rule, referring to a person who is receiving, or is entitled to receive, under the law, support for a minor dependent (child), including the terms "CP", "payee", "obligee", or "parent".
"Date of Collection" for distribution purposes in all cases refers to the date on which a collection is received by the Department as a result of withholding of an amount by the Department of Employment Security from a responsible relative's unemployment insurance benefits (UIB) to meet a support obligation; a collection as a result of intercept of a federal income tax refund is received by the Department: or in all other instances, a support payment is received by the State Disbursement Unit (SDU) except that, if current support is withheld by an employer in the month when due and received by the SDU in the month following the month when due, the date of withholding may be deemed to be the date of collection.
"Department" means the Illinois Department of Healthcare and Family Services.
"Interview", for the purpose of this Part, refers to and shall include, but not be limited to, any communication to gather necessary information from a participant either through correspondence via mail, e-mail, text, or via a conversation with a participant either face-to-face, by telephone, by videoconference, or any other appropriate method provided for by law and technology that may exist for similar proceedings in Illinois.
"IV-D Account Receivable" or "Support Account" refers to a part of the accounting system in KIDS used to record charges, payments, and account adjustments for a particular account. More than one account may exist for a given caretaker relative and for a given responsible relative. For example, a mother with two children by one father from one marriage, and three children by a second father from another marriage, will have two support accounts if there are two separate support obligations. If children are born in a non-marital relationship, there will be one account per child.
"IV-D Program" or "IV-D" refers to the child support program set forth in 42 USC 651 et seq. and this Part.
"IV-E Foster Care" or "IV-E" refers to the foster care program set forth in 42 USC 670 et seq.
"Initial Receipt in the State" for disbursement purposes in all cases refers to the date on which the Department of Employment Security withholds an amount from a responsible relative's unemployment insurance benefits (UIB) to meet a support obligation, when there is a withholding of UIB, a collection as a result of intercept of a federal income tax refund is received by the Department, or in all other instances, a support payment is received by the State Disbursement Unit.
"Intergovernmental IV-D Case" refers to a IV-D case in which the responsible relative lives and/or works in a different jurisdiction than the custodial parent and children that has been referred by an initiating agency to a responding agency for services. An intergovernmental case may include any combination of referrals between states, tribes and countries. An intergovernmental IV-D case also may include cases in which a state agency is seeking only to collect support arrearages, whether owed to the family or assigned to the state.
"Interstate IV-D Case" refers to a IV-D case in which the responsible relative lives and/or works in a different state than the custodial parent and children that has been referred by an initiating state to a responding state for services. An interstate IV-D case also may include cases in which a state is seeking only to collect support arrearages, whether owed to the family or assigned to the state.
"Key Information Delivery System" or "KIDS" refers to the data processing system used to process all IV-D cases in Illinois.
"MANG" refers to Medical Assistance No Grant under the Medicaid Program, Title XIX of the Social Security Act (42 USC 1396k), that is medical assistance to families and individuals wherein no cash payment is made.
"Responsible Relative" refers to a person who is responsible, or alleged to be responsible, under the law, for support of a minor dependent (child) and is meant to incorporate and be used interchangeably with all similar terms, used in any statute, referring to a person who is responsible, or alleged to be responsible, under the law, for support of a minor dependent (child), including the terms "non-custodial parent", "NCP", "obligor", "payor" or "parent".
"Support Case" refers to a case established in the KIDS for the purpose of providing establishment, enforcement and collection services to dependent children and their custodial parent, in accordance with the provisions of Title IV‑D of the Social Security Act (42 USC 654)
"Support Obligation" refers to the duty a non-custodial relative owes to his or her dependents, as set forth in a legally valid court or administrative order.
"TANF" refers to Temporary Assistance for Needy Families, Title IV-A of the Social Security Act (42 USC 601 et seq.) that is financial and medical assistance available to families with one or more children or on behalf of children in foster care under the guardianship of the Department of Children and Family Services.
"TANF MANG" refers to Medical Assistance No Grant cases in which medical assistance only is available to families with one or more children.
"TANF MANG Recipient" refers to a member of a family with one or more children receiving medical assistance only in the current month.
"TANF Recipient" refers to a person who is receiving financial and medical assistance under the TANF program in the current month.
"Two Business Days", for purposes of disbursement of support payments under Subpart F, shall have the meaning and be qualified in the same manner as in Section 454B of the Social Security Act (42 USC 654b).
"Unreimbursed Former AFDC or TANF" refers to the total amount of financial assistance provided to a family unit, in accordance with Title IV-A of the Social Security Act (42 USC 601 et seq.) for which the State and federal governments have not been reimbursed. The State and federal governments are limited in the amount of support payments they may retain for "unreimbursed former AFDC or TANF", in accordance with the provisions set forth in Sections 160.100, 160.110 and 160.130. The "amount of unreimbursed assistance accrued prior to the former AFDC or TANF cancellation", reported in the Department's "Statements of Child Support Account Activity for Former Recipients" (see Section 160.140), is the limited amount the Department is entitled to retain.
(Source: Amended at 46 Ill. Reg. 5268, effective March 11, 2022)