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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
PUBLIC AID (305 ILCS 5/) Illinois Public Aid Code. 305 ILCS 5/1-12 (305 ILCS 5/1-12) Sec. 1-12. Providing information to the State Board of Elections. The Secretary of the Department of Human Services and the Director of the Department of Healthcare and Family Services shall make information available, except where prohibited by federal law or regulation, to the State Board of Elections as may be required by an agreement the State Board of Elections has entered into with a multi-state voter registration list maintenance system.
(Source: P.A. 98-1171, eff. 6-1-15 .) |
305 ILCS 5/Art. II
(305 ILCS 5/Art. II heading)
ARTICLE II.
DEFINITIONS
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305 ILCS 5/2-1
(305 ILCS 5/2-1) (from Ch. 23, par. 2-1)
Sec. 2-1.
Definitions.
The terms defined in this Article shall have the meanings ascribed to
them, except when the context otherwise requires.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/2-2
(305 ILCS 5/2-2) (from Ch. 23, par. 2-2)
Sec. 2-2.
"Public
aid".
Financial aid and all rehabilitative and other services provided under
this Code for basic maintenance support; medical, surgical, dental,
pharmaceutical, optometric, or nursing services, or other remedial care
recognized under State law; rehabilitative services; education, training or
retraining for employment or self-support work; funeral and burial
expenses; and such other care and services as are determined to be
necessary in each case.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/2-3
(305 ILCS 5/2-3) (from Ch. 23, par. 2-3)
Sec. 2-3.
"Money payment" or "grant".
A payment made direct to the recipient, his legal representative, or
other substitute payee by warrant, check, direct deposit transmittal
or other instrument for basic
maintenance support or other purpose.
(Source: P.A. 82-391.)
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305 ILCS 5/2-4
(305 ILCS 5/2-4) (from Ch. 23, par. 2-4)
Sec. 2-4.
"Grantee"
or "payee".
The person to whom a money payment is made.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/2-5
(305 ILCS 5/2-5) (from Ch. 23, par. 2-5)
Sec. 2-5.
"Vendor
payment".
A payment made directly to the person, firm, corporation, association,
agency, institution or other legal entity supplying goods or services to a
recipient.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/2-6
(305 ILCS 5/2-6) (from Ch. 23, par. 2-6)
Sec. 2-6.
"Financial aid".
A money or vendor payment to or in behalf of a recipient for basic
maintenance support or medical assistance provided under Articles III, IV,
V, and VI.
(Source: P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/2-7
(305 ILCS 5/2-7) (from Ch. 23, par. 2-7)
Sec. 2-7.
"Social services":
assistance, other than financial aid, provided
under Article IX.
(Source: P.A. 82-440.)
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305 ILCS 5/2-8
(305 ILCS 5/2-8) (from Ch. 23, par. 2-8)
Sec. 2-8.
"Applicant":
A person who has applied for financial aid under any of the
provisions of this Code.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/2-9
(305 ILCS 5/2-9) (from Ch. 23, par. 2-9)
Sec. 2-9.
"Recipient":
A person who is receiving financial aid under any
of the provisions of this Code.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/2-10
(305 ILCS 5/2-10) (from Ch. 23, par. 2-10)
Sec. 2-10.
"Residence": The establishment of a permanent home within this State.
A person is deemed to have established his permanent home within this
State if he has acquired by purchase, rental, or other arrangement housing
facilities which he uses as his home; has located his household equipment,
furnishings and personal belongings therein; and is or has been employed,
is seeking employment, or is engaged in other self-support activity, in the
community in which he lives or within a distance reasonably proximate
thereto, within or without the State, which is accessible to his home by
public or private transportation facilities and to which he regularly
commutes, or, if he cannot engage in employment or other self-support
activity, is maintained in such home by relatives responsible for his
support or by other sources or means of maintenance and support. A person
shall not be required to occupy a permanent dwelling or have a fixed home
or mailing address in order to establish a permanent home within this State.
However, a recipient who moves from this State for the purpose of
obtaining employment or other means of support or care shall retain his
residence eligibility for a period of 12 months, provided he has not
acquired residence eligibility for public aid under the laws of any
State to which he has moved.
The residence of a married woman shall be that of her husband unless
they are living separate and apart, in which case she may acquire a
separate residence.
Minor children shall have the residence of their father if they
reside with him; if they reside with their mother they shall have her
residence.
A minor, neither of whose parents has acquired a residence, may
acquire a residence as if he or she were a person of full age.
Every minor upon marriage may acquire a residence as if he or she
were a person of full age.
Applicants for or recipients of public aid shall meet such durational
requirements as to residence as may be specified in the Article
governing the category under which they are applying for or receiving aid.
Temporary absence from the State, absence while in the service of the
State or Nation, or entry into a hospital or other medical care
institution outside the State for medical treatment, shall not affect a
person's residence.
A recipient of aid under Article III, IV or VI who, for any reason,
has remained outside the State for a continuous period of more than 12
months shall prima facie be presumed to have lost his residence and
shall receive no further aid unless and until he submits evidence
sufficient to prove he has retained his residence. If the evidence
proves that the absence was without intention to change his residence,
the recipient shall be deemed to have maintained his residence
eligibility and the grant of aid shall be continued or resumed.
(Source: P.A. 85-1231.)
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305 ILCS 5/2-11
(305 ILCS 5/2-11) (from Ch. 23, par. 2-11)
Sec. 2-11.
"Family Unit": Husband and wife and a child or children under age 21.
Spouses and parents of children under
age 21 constitute "legally responsible relatives" or "responsible relatives" wherever
those terms may be used in this Code in respect to their support
obligation enforceable by court action or an administrative order of the
Illinois Department, as provided in Article X, or enforceable through other
State or Federal laws.
The support obligation of other persons defined as "legally responsible
relatives" in this Section prior to October 6, 1969
for aid extended to their
dependents prior to that date shall remain unimpaired.
(Source: P.A. 79-474.)
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305 ILCS 5/2-12
(305 ILCS 5/2-12) (from Ch. 23, par. 2-12)
Sec. 2-12. "Illinois Department"; "Department". In this Code,
"Illinois Department" or "Department", when a particular entity is not
specified, means the following:
(1) In the case of a function performed before July 1, 1997 (the effective
date of the Department of Human Services Act), the term means the Department of
Public Aid.
(2) In the case of a function to be performed on or after July 1, 1997 under
Article III, IV, VI, IX, or IXA, the term means the Department of Human
Services as successor to the Illinois Department of Public Aid.
(3) In the case of a function to be performed on or after July 1, 1997 under
Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, or XV, the term means the Department of Healthcare and Family Services (formerly Illinois
Department of Public Aid).
(4) In the case of a function to be performed on or after July 1, 1997 under
Article I, II, VIIIA, XI, XII, or XIII, the term means the Department of Human
Services (acting as successor to the Illinois Department of Public Aid) or the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or both, according to whether that function,
in the specific context, has been allocated to the Department of Human
Services or the Department of Healthcare and Family Services (formerly Department of Public Aid) or both of those departments.
(Source: P.A. 95-331, eff. 8-21-07.)
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305 ILCS 5/2-12.5
(305 ILCS 5/2-12.5)
Sec. 2-12.5. "Director of the Illinois Department"; "Director of the
Department"; "Director". In this Code, "Director of the Illinois Department",
"Director of the Department", or "Director", when a particular official is not
specified, means the following:
(1) In the case of a function performed before July 1, 1997 (the effective
date of the Department of Human Services Act), the term means the Director of
Public Aid.
(2) In the case of a function to be performed on or after July 1, 1997 under
Article III, IV, VI, IX, or IXA, the term means the Secretary of Human
Services.
(3) In the case of a function to be performed on or after July 1, 1997 under
Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, or XV, the term means the Director of Healthcare and Family Services (formerly Director
of Public Aid).
(4) In the case of a function to be performed on or after July 1, 1997 under
Article I, II, VIIIA, XI, XII, or XIII, the term means the Secretary of Human
Services or the Director of Healthcare and Family Services (formerly Director of Public Aid) or both, according to whether that
function, in the specific context, has been allocated to the Department of
Human Services or the Department of Healthcare and Family Services (formerly Department of Public Aid) or both of those departments.
(Source: P.A. 95-331, eff. 8-21-07.)
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305 ILCS 5/2-13
(305 ILCS 5/2-13) (from Ch. 23, par. 2-13)
Sec. 2-13.
"County department".
The Department of Human Services local office or offices in each county in this
State.
(Source: P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/2-14
(305 ILCS 5/2-14) (from Ch. 23, par. 2-14)
Sec. 2-14. "Local governmental unit". Every county, city, village,
incorporated town or township charged with the duty of providing public
aid under Article VI; and County Veterans Assistance Commissions
providing general assistance to veterans and their families
under Section 12-21.13 of Article XII.
However, should any Section of this Code impose the obligation of
providing medical assistance to persons who are non-residents of the
State of Illinois upon a local governmental unit, the term "local
governmental unit" shall not include townships. In such case the
obligation for providing medical assistance to non-residents which would
otherwise be the duty of a township shall become the obligation of the
Department of Healthcare and Family Services.
(Source: P.A. 102-732, eff. 1-1-23 .)
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305 ILCS 5/2-15
(305 ILCS 5/2-15) (from Ch. 23, par. 2-15)
Sec. 2-15.
(Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/2-16
(305 ILCS 5/2-16) (from Ch. 23, par. 2-16)
Sec. 2-16.
"Service provider":
A person or corporation who furnishes
medical, educational, psychiatric, vocational or rehabilitative services
to a recipient under this Code, but excluding an employee of the Illinois
Department or a County Department.
(Source: P.A. 82-555.)
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305 ILCS 5/2-17
(305 ILCS 5/2-17) (from Ch. 23, par. 2-17)
Sec. 2-17.
"Unable to purchase care and maintenance":
For the
purposes of this Code and Division 5-21 of the Counties Code, a person
receiving Medical Assistance under this Code shall not be deemed "unable to
purchase care and maintenance".
(Source: P.A. 86-1475.)
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