(305 ILCS 5/4-2)
(from Ch. 23, par. 4-2)
Amount of aid.
(a) The amount and nature of financial aid shall be determined in accordance
with the grant amounts, rules and regulations of the Illinois Department. Due
regard shall be given to the self-sufficiency requirements of the family and to
the income, money contributions and other support and resources available, from
whatever source. However, the amount and nature of any financial aid is not
affected by the payment of any grant under the "Senior Citizens and Persons with Disabilities Property Tax Relief Act" or 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. The aid
shall be sufficient, when added to all other income, money contributions and
support to provide the family with a grant in the amount established by
Subject to appropriation, beginning on July 1, 2008, the Department of Human Services shall increase TANF grant amounts in effect on June 30, 2008 by 15%. The Department is authorized to administer this increase but may not otherwise adopt any rule to implement this increase.
(b) The Illinois Department may conduct special projects, which may be
known as Grant Diversion Projects, under which recipients of financial aid
under this Article are placed in jobs and their grants are diverted to the
employer who in turn makes payments to the recipients in the form of salary
or other employment benefits. The Illinois Department shall by rule specify
the terms and conditions of such Grant Diversion Projects. Such projects
shall take into consideration and be coordinated with the programs
administered under the Illinois Emergency Employment Development Act.
(c) The amount and nature of the financial aid for a child requiring
care outside his own home shall be determined in accordance with the rules
and regulations of the Illinois Department, with due regard to the needs
and requirements of the child in the foster home or institution in which
he has been placed.
(d) If the Department establishes grants for family units consisting
exclusively of a pregnant woman with no dependent child or including her
husband if living with her, the grant amount for such a unit
shall be equal to the grant amount for an assistance unit consisting of one
adult, or 2 persons if the husband is included. Other than as herein
described, an unborn child shall not be counted
in determining the size of an assistance unit or for calculating grants.
Payments for basic maintenance requirements of a child or children
and the relative with whom the child or children are living shall be
prescribed, by rule, by the Illinois Department.
Grants under this Article shall not be supplemented by General
Assistance provided under Article VI.
(e) Grants shall be paid to the parent or other person with whom the
child or children are living, except for such amount as is paid in
behalf of the child or his parent or other relative to other persons or
agencies pursuant to this Code or the rules and regulations of the
(f) Subject to subsection (f-5), an assistance unit, receiving
aid under this Article or
temporarily ineligible to receive aid under this Article under a penalty
imposed by the Illinois Department for failure to comply with the eligibility
requirements or that voluntarily requests termination of financial assistance
under this Article and becomes subsequently eligible for assistance within 9
months, shall not receive any increase in the amount of aid solely on account
of the birth of a child; except that an increase is not prohibited when the
birth is (i) of a child of a pregnant woman
who became eligible for aid under this Article during the pregnancy,
or (ii) of a child born within 10 months after the date of implementation of
this subsection, or (iii) of a child conceived after a family became
ineligible for assistance due to income or marriage and at least 3 months of
ineligibility expired before any reapplication for assistance. This subsection
does not, however, prevent a unit from receiving a general increase in the
amount of aid that is provided to all recipients of aid under this Article.
The Illinois Department is authorized to transfer funds, and shall use any
budgetary savings attributable to not increasing the grants due to the births
of additional children, to supplement existing funding for employment and
training services for recipients of aid under this Article IV. The Illinois
Department shall target, to the extent the supplemental funding allows,
employment and training services to the families who do not receive a grant
increase after the birth of a child. In addition, the Illinois Department
shall provide, to the extent the supplemental funding allows, such families
with up to 24 months of transitional child care pursuant to Illinois Department
rules. All remaining supplemental funds shall be used for employment and
training services or transitional child care support.
In making the transfers authorized by this subsection, the Illinois
Department shall first determine, pursuant to regulations adopted by the
Illinois Department for this purpose, the amount of savings attributable to
not increasing the grants due to the births of additional children. Transfers
may be made from General Revenue Fund appropriations for distributive purposes
authorized by Article IV of this Code only to General Revenue Fund
appropriations for employability development services including operating
and administrative costs and related distributive purposes under Article
IXA of this Code. The Director, with the approval of the Governor, shall
certify the amount and affected line item appropriations to the State
Nothing in this subsection shall be construed to prohibit the Illinois
Department from using funds under this Article IV to provide
assistance in the form of vouchers
that may be used to pay for goods and services deemed by the Illinois
Department, by rule, as suitable for the care of the child such as diapers,
clothing, school supplies, and cribs.
(f-5) Subsection (f) shall not apply to affect the monthly assistance
any family as a result of the birth of a child on or after January 1, 2004.
As resources permit after January 1, 2004, the Department may
cease applying subsection (f) to limit assistance to families receiving
assistance under this Article on January 1, 2004, with respect to children
born prior to that date. In any event, subsection (f) shall be completely
inoperative on and after July 1, 2007.
(h) Notwithstanding any other provision of this Code, the Illinois
Department is authorized to reduce payment levels used to determine cash grants
under this Article after December 31 of any fiscal year if the Illinois
Department determines that the caseload upon which the appropriations for the
current fiscal year are based have increased by more than 5% and the
appropriation is not sufficient to ensure that
cash benefits under this Article do not exceed the amounts appropriated for
those cash benefits. Reductions in payment levels may be accomplished by
emergency rule under Section 5-45 of the Illinois Administrative Procedure Act,
except that the limitation on the number of emergency rules that may be adopted
in a 24-month period shall not apply and the provisions of Sections 5-115 and
5-125 of the Illinois Administrative Procedure Act shall not apply.
Increases in payment levels shall be accomplished only in accordance with
Section 5-40 of the Illinois Administrative Procedure Act. Before any rule
to increase payment levels
promulgated under this Section shall become effective, a joint resolution
approving the rule must be adopted by a roll call vote by a majority of the
members elected to each chamber of the General Assembly.
(Source: P.A. 99-143, eff. 7-27-15.)