State of Illinois
90th General Assembly
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90_SB1939

      305 ILCS 5/4-2            from Ch. 23, par. 4-2
          Amends the Temporary Assistance for Needy Families (TANF)
      Article of the Illinois Public Aid Code.  Provides  that  the
      provision  prohibiting  the  increase  of  the  amount  of an
      assistance grant for the birth of an additional  child  shall
      not  exclude  the  inclusion  of  that  additional child when
      determining eligibility for and the amount of assistance  for
      an  assistance  unit during any month in which the assistance
      unit has earned income.   Provides  that  the  Department  of
      Public  Aid  shall  pass through to the custodial parent of a
      child excluded from an assistance unit under these provisions
      all child support collected on that child's behalf and  shall
      treat  the  child support as exempt income in determining the
      cash assistance grant of the assistance unit.
                                                     LRB9011661SMpk
                                               LRB9011661SMpk
 1        AN ACT to amend the Illinois Public Aid Code by  changing
 2    Section 4-2.
 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 4-2 as follows:
 7        (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
 8        (Text of Section before amendment by P.A. 90-372)
 9        Sec. 4-2.  Amount of aid.
10        (a)  The  amount  and  nature  of  financial aid shall be
11    determined in accordance with the grant  amounts,  rules  and
12    regulations  of  the Illinois Department. Due regard shall be
13    given to the self-sufficiency requirements of the family  and
14    to  the  income,  money  contributions  and other support and
15    resources available, from whatever source.  Beginning July 1,
16    1992, the supplementary grants  previously  paid  under  this
17    Section  shall  no  longer be paid.   However, the amount and
18    nature of any financial aid is not affected by the payment of
19    any grant under the "Senior  Citizens  and  Disabled  Persons
20    Property  Tax  Relief and Pharmaceutical Assistance Act". The
21    aid shall be sufficient, when  added  to  all  other  income,
22    money  contributions and support to provide the family with a
23    grant in the amount established by Department regulation.
24        (b)  The  Illinois   Department   may   conduct   special
25    projects,  which  may  be  known as Grant Diversion Projects,
26    under which recipients of financial aid  under  this  Article
27    are  placed  in  jobs  and  their  grants are diverted to the
28    employer who in turn makes payments to the recipients in  the
29    form  of  salary  or other employment benefits.  The Illinois
30    Department shall by rule specify the terms and conditions  of
31    such Grant Diversion Projects.  Such projects shall take into
                            -2-                LRB9011661SMpk
 1    consideration   and   be   coordinated   with   the  programs
 2    administered  under   the   Illinois   Emergency   Employment
 3    Development Act.
 4        (c)  The  amount  and  nature  of the financial aid for a
 5    child requiring care outside his own home shall be determined
 6    in accordance with the rules and regulations of the  Illinois
 7    Department,  with due regard to the needs and requirements of
 8    the child in the foster home or institution in which  he  has
 9    been placed.
10        (d)  If  the  Department  establishes  grants  for family
11    units consisting exclusively of  a  pregnant  woman  with  no
12    dependent  child or including her husband if living with her,
13    the grant amount for such a unit shall be equal to the  grant
14    amount  for  an assistance unit consisting of one adult, or 2
15    persons if the husband is included.   Other  than  as  herein
16    described,   an   unborn   child  shall  not  be  counted  in
17    determining the size of an assistance unit or for calculating
18    grants.
19        Payments for basic maintenance requirements of a child or
20    children and the relative with whom the child or children are
21    living  shall  be  prescribed,  by  rule,  by  the   Illinois
22    Department.
23    These grants may be increased in the following circumstances:
24             1.  If the child is living with both parents or with
25        persons  standing  in the relationship of parents, and if
26        the grant is necessitated because of the unemployment  or
27        insufficient  earnings  of  the  parent  or  parents  and
28        neither   parent   is   receiving   benefits  under  "The
29        Unemployment Compensation Act", approved June  30,  1937,
30        as amended, the maximum may be increased by not more than
31        $25.
32             2.  If a child is age 13 or over, the maximum may be
33        increased by not more than $15.
34        The  allowances  provided under Article IX for recipients
                            -3-                LRB9011661SMpk
 1    participating in the  training  and  rehabilitation  programs
 2    shall  be  in addition to the maximum payments established in
 3    this Section.
 4        Grants under this Article shall not  be  supplemented  by
 5    General Assistance provided under Article VI.
 6        (e)  Grants  shall  be paid to the parent or other person
 7    with whom the child or children are living, except  for  such
 8    amount  as  is  paid  in behalf of the child or his parent or
 9    other relative to other persons or agencies pursuant to  this
10    Code or the rules and regulations of the Illinois Department.
11        (f)  An  assistance  unit,  receiving financial aid under
12    this Article or temporarily ineligible to receive  aid  under
13    this   Article  under  a  penalty  imposed  by  the  Illinois
14    Department  for  failure  to  comply  with  the   eligibility
15    requirements  or  that  voluntarily  requests  termination of
16    financial  assistance  under   this   Article   and   becomes
17    subsequently  eligible  for assistance within 9 months, shall
18    not receive any increase in  the  amount  of  aid  solely  on
19    account  of  the birth of a child; except that an increase is
20    not prohibited when the birth is (i) of a child of a pregnant
21    woman who became eligible for aid under this  Article  during
22    the pregnancy, or (ii) of a child born within 10 months after
23    the date of implementation of this subsection, or  (iii) of a
24    child   conceived   after  a  family  became  ineligible  for
25    assistance due to income or marriage and at least 3 months of
26    ineligibility   expired   before   any   reapplication    for
27    assistance.  During any month in which an assistance unit has
28    earned income,  eligibility  and  benefit  amounts  shall  be
29    calculated  on  a  basis  that  includes  any child otherwise
30    excluded from the assistance unit under this subsection. This
31    subsection does not, however, prevent a unit from receiving a
32    general increase in the amount of aid that is provided to all
33    recipients of aid under this Article.
34        The Department shall pass through to the custodial parent
                            -4-                LRB9011661SMpk
 1    of a child  excluded  from  an  assistance  unit  under  this
 2    subsection all child support collected on that child's behalf
 3    and  shall  treat  the  child  support  as  exempt  income in
 4    determining the cash assistance grant of the assistance unit.
 5        The Illinois Department is authorized to transfer  funds,
 6    and  shall  use  any  budgetary  savings  attributable to not
 7    increasing  the  grants  due  to  the  births  of  additional
 8    children, to supplement existing funding for  employment  and
 9    training  services  for  recipients of aid under this Article
10    IV.  The Illinois Department shall target, to the extent  the
11    supplemental funding allows, employment and training services
12    to the families who do not receive a grant increase after the
13    birth of a child.  In addition, the Illinois Department shall
14    provide,  to the extent the supplemental funding allows, such
15    families with up to 24  months  of  transitional  child  care
16    pursuant   to   Illinois  Department  rules.   All  remaining
17    supplemental funds shall be used for employment and  training
18    services or transitional child care support.
19        In  making  the  transfers authorized by this subsection,
20    the Illinois Department shall first  determine,  pursuant  to
21    regulations  adopted  by  the  Illinois  Department for  this
22    purpose, the amount of savings attributable to not increasing
23    the  grants  due  to  the  births  of  additional   children.
24    Transfers   may   be   made   from   General   Revenue   Fund
25    appropriations   for   distributive  purposes  authorized  by
26    Article  IV  of  this  Code  only  to  General  Revenue  Fund
27    appropriations   for   employability   development   services
28    including operating  and  administrative  costs  and  related
29    distributive  purposes  under  Article  IXA of this Code. The
30    Director, with the approval of the  Governor,  shall  certify
31    the amount and affected line item appropriations to the State
32    Comptroller.
33        The  Illinois  Department  shall apply for all waivers of
34    federal law  and  regulations  necessary  to  implement  this
                            -5-                LRB9011661SMpk
 1    subsection;  implementation  of this subsection is contingent
 2    on the Illinois Department receiving  all  necessary  federal
 3    waivers.    The   Illinois   Department  may  implement  this
 4    subsection through the use of emergency rules  in  accordance
 5    with  Section  5-45  of the Illinois Administrative Procedure
 6    Act.  For purposes of the Illinois  Administrative  Procedure
 7    Act, the adoption of rules to implement this subsection shall
 8    be  considered  an  emergency  and  necessary  for the public
 9    interest, safety, and welfare.
10        Nothing in this subsection shall be construed to prohibit
11    the Illinois Department from using funds under  this  Article
12    IV  to provide assistance in the form of vouchers that may be
13    used to pay for goods and services  deemed  by  the  Illinois
14    Department,  by  rule,  as suitable for the care of the child
15    such as diapers, clothing, school supplies, and cribs.
16        (g)  Notwithstanding any other provision of this Code  to
17    the contrary, the Illinois Department is authorized to reduce
18    or  eliminate  payments  for  supplementary  grants under the
19    first paragraph of this Section  as  necessary  to  implement
20    contingency reserves under the Emergency Budget Act of Fiscal
21    Year  1992, to the extent permitted by federal law.  Any such
22    reduction or elimination shall expire on July 1, 1992.
23        (h)  Notwithstanding any other provision  of  this  Code,
24    the  Illinois  Department  is  authorized  to  reduce payment
25    levels used to determine cash grants under this Article after
26    December 31 of any fiscal year  if  the  Illinois  Department
27    determines  that  the  caseload upon which the appropriations
28    for the current fiscal year are based have increased by  more
29    than  5%  and  the  appropriation is not sufficient to ensure
30    that cash benefits under  this  Article  do  not  exceed  the
31    amounts  appropriated for those cash benefits.  Reductions in
32    payment levels may be accomplished by  emergency  rule  under
33    Section  5-45  of  the Illinois Administrative Procedure Act,
34    except that the limitation on the number of  emergency  rules
                            -6-                LRB9011661SMpk
 1    that  may be adopted in a 24-month period shall not apply and
 2    the provisions of Sections 5-115 and 5-125  of  the  Illinois
 3    Administrative  Procedure  Act  shall not apply. Increases in
 4    payment levels shall be accomplished only in accordance  with
 5    Section  5-40  of  the Illinois Administrative Procedure Act.
 6    Before any rule to increase payment levels promulgated  under
 7    this  Section  shall  become  effective,  a  joint resolution
 8    approving the rule must be adopted by a roll call vote  by  a
 9    majority  of  the  members  elected  to  each  chamber of the
10    General Assembly.
11    (Source:  P.A.  89-6,  eff.  3-6-95;  89-193,  eff.  7-21-95;
12    89-641, eff. 8-9-96; 90-17, eff. 7-1-97.)
13        (Text of Section after amendment by P.A. 90-372)
14        Sec. 4-2.  Amount of aid.
15        (a)  The amount and nature  of  financial  aid  shall  be
16    determined  in  accordance  with the grant amounts, rules and
17    regulations of the Illinois Department. Due regard  shall  be
18    given  to the self-sufficiency requirements of the family and
19    to the income, money  contributions  and  other  support  and
20    resources available, from whatever source.  Beginning July 1,
21    1992,  the  supplementary  grants  previously paid under this
22    Section shall no longer be paid.   However,  the  amount  and
23    nature of any financial aid is not affected by the payment of
24    any  grant  under  the  "Senior Citizens and Disabled Persons
25    Property Tax Relief and Pharmaceutical Assistance  Act".  The
26    aid  shall  be  sufficient,  when  added to all other income,
27    money contributions and support to provide the family with  a
28    grant in the amount established by Department regulation.
29        (b)  The   Illinois   Department   may   conduct  special
30    projects, which may be known  as  Grant  Diversion  Projects,
31    under  which  recipients  of financial aid under this Article
32    are placed in jobs and  their  grants  are  diverted  to  the
33    employer  who in turn makes payments to the recipients in the
34    form of salary or other employment  benefits.   The  Illinois
                            -7-                LRB9011661SMpk
 1    Department  shall by rule specify the terms and conditions of
 2    such Grant Diversion Projects.  Such projects shall take into
 3    consideration  and   be   coordinated   with   the   programs
 4    administered   under   the   Illinois   Emergency  Employment
 5    Development Act.
 6        (c)  The amount and nature of the  financial  aid  for  a
 7    child requiring care outside his own home shall be determined
 8    in  accordance with the rules and regulations of the Illinois
 9    Department, with due regard to the needs and requirements  of
10    the  child  in the foster home or institution in which he has
11    been placed.
12        (d)  If the  Department  establishes  grants  for  family
13    units  consisting  exclusively  of  a  pregnant woman with no
14    dependent child or including her husband if living with  her,
15    the  grant amount for such a unit shall be equal to the grant
16    amount for an assistance unit consisting of one adult,  or  2
17    persons  if  the  husband  is included.  Other than as herein
18    described,  an  unborn  child  shall  not   be   counted   in
19    determining the size of an assistance unit or for calculating
20    grants.
21        Payments for basic maintenance requirements of a child or
22    children and the relative with whom the child or children are
23    living   shall  be  prescribed,  by  rule,  by  the  Illinois
24    Department.
25    These grants may be increased in the following circumstances:
26             1.  If the child is living with both parents or with
27        persons standing in the relationship of parents,  and  if
28        the  grant is necessitated because of the unemployment or
29        insufficient  earnings  of  the  parent  or  parents  and
30        neither  parent  is   receiving   benefits   under   "The
31        Unemployment  Compensation  Act", approved June 30, 1937,
32        as amended, the maximum may be increased by not more than
33        $25.
34             2.  If a child is age 13 or over, the maximum may be
                            -8-                LRB9011661SMpk
 1        increased by not more than $15.
 2        The allowances provided under Article IX  for  recipients
 3    participating  in  the  training  and rehabilitation programs
 4    shall be in addition to the maximum payments  established  in
 5    this Section.
 6        Grants  under  this  Article shall not be supplemented by
 7    General Assistance provided under Article VI.
 8        (e)  Grants shall be paid to the parent or  other  person
 9    with  whom  the child or children are living, except for such
10    amount as is paid in behalf of the child  or  his  parent  or
11    other  relative to other persons or agencies pursuant to this
12    Code or the rules and regulations of the Illinois Department.
13        (f)  An assistance unit, receiving  financial  aid  under
14    this  Article  or temporarily ineligible to receive aid under
15    this  Article  under  a  penalty  imposed  by  the   Illinois
16    Department   for  failure  to  comply  with  the  eligibility
17    requirements or  that  voluntarily  requests  termination  of
18    financial   assistance   under   this   Article  and  becomes
19    subsequently eligible for assistance within 9  months,  shall
20    not  receive  any  increase  in  the  amount of aid solely on
21    account of the birth of a child; except that an  increase  is
22    not prohibited when the birth is (i) of a child of a pregnant
23    woman  who  became eligible for aid under this Article during
24    the pregnancy, or (ii) of a child born within 10 months after
25    the date of implementation of this subsection, or  (iii) of a
26    child  conceived  after  a  family  became   ineligible   for
27    assistance due to income or marriage and at least 3 months of
28    ineligibility    expired   before   any   reapplication   for
29    assistance. During any month in which an assistance unit  has
30    earned  income,  eligibility  and  benefit  amounts  shall be
31    calculated on a  basis  that  includes  any  child  otherwise
32    excluded from the assistance unit under this subsection. This
33    subsection does not, however, prevent a unit from receiving a
34    general increase in the amount of aid that is provided to all
                            -9-                LRB9011661SMpk
 1    recipients of aid under this Article.
 2        The Department shall pass through to the custodial parent
 3    of  a  child  excluded  from  an  assistance  unit under this
 4    subsection all child support collected on that child's behalf
 5    and shall  treat  the  child  support  as  exempt  income  in
 6    determining the cash assistance grant of the assistance unit.
 7        The  Illinois Department is authorized to transfer funds,
 8    and shall use  any  budgetary  savings  attributable  to  not
 9    increasing  the  grants  due  to  the  births  of  additional
10    children,  to  supplement existing funding for employment and
11    training services for recipients of aid  under  this  Article
12    IV.   The Illinois Department shall target, to the extent the
13    supplemental funding allows, employment and training services
14    to the families who do not receive a grant increase after the
15    birth of a child.  In addition, the Illinois Department shall
16    provide, to the extent the supplemental funding allows,  such
17    families  with  up  to  24  months of transitional child care
18    pursuant  to  Illinois  Department  rules.    All   remaining
19    supplemental  funds shall be used for employment and training
20    services or transitional child care support.
21        In making the transfers authorized  by  this  subsection,
22    the  Illinois  Department  shall first determine, pursuant to
23    regulations adopted by  the  Illinois  Department  for   this
24    purpose, the amount of savings attributable to not increasing
25    the   grants  due  to  the  births  of  additional  children.
26    Transfers   may   be   made   from   General   Revenue   Fund
27    appropriations  for  distributive  purposes   authorized   by
28    Article  IV  of  this  Code  only  to  General  Revenue  Fund
29    appropriations   for   employability   development   services
30    including  operating  and  administrative  costs  and related
31    distributive purposes under Article IXA  of  this  Code.  The
32    Director,  with  the  approval of the Governor, shall certify
33    the amount and affected line item appropriations to the State
34    Comptroller.
                            -10-               LRB9011661SMpk
 1        The Illinois Department shall apply for  all  waivers  of
 2    federal  law  and  regulations  necessary  to  implement this
 3    subsection; implementation of this subsection  is  contingent
 4    on  the  Illinois  Department receiving all necessary federal
 5    waivers.   The  Illinois  Department   may   implement   this
 6    subsection  through  the use of emergency rules in accordance
 7    with Section 5-45 of the  Illinois  Administrative  Procedure
 8    Act.   For  purposes of the Illinois Administrative Procedure
 9    Act, the adoption of rules to implement this subsection shall
10    be considered an  emergency  and  necessary  for  the  public
11    interest, safety, and welfare.
12        Nothing in this subsection shall be construed to prohibit
13    the  Illinois  Department from using funds under this Article
14    IV to provide assistance in the form of vouchers that may  be
15    used  to  pay  for  goods and services deemed by the Illinois
16    Department, by rule, as suitable for the care  of  the  child
17    such as diapers, clothing, school supplies, and cribs.
18        (g)  (Blank).
19        (h)  Notwithstanding  any  other  provision of this Code,
20    the Illinois  Department  is  authorized  to  reduce  payment
21    levels used to determine cash grants under this Article after
22    December  31  of  any  fiscal year if the Illinois Department
23    determines that the caseload upon  which  the  appropriations
24    for  the current fiscal year are based have increased by more
25    than 5% and the appropriation is  not  sufficient  to  ensure
26    that  cash  benefits  under  this  Article  do not exceed the
27    amounts appropriated for those cash benefits.  Reductions  in
28    payment  levels  may  be accomplished by emergency rule under
29    Section 5-45 of the Illinois  Administrative  Procedure  Act,
30    except  that  the limitation on the number of emergency rules
31    that may be adopted in a 24-month period shall not apply  and
32    the  provisions  of  Sections 5-115 and 5-125 of the Illinois
33    Administrative Procedure Act shall not  apply.  Increases  in
34    payment  levels shall be accomplished only in accordance with
                            -11-               LRB9011661SMpk
 1    Section 5-40 of the Illinois  Administrative  Procedure  Act.
 2    Before  any rule to increase payment levels promulgated under
 3    this Section  shall  become  effective,  a  joint  resolution
 4    approving  the  rule must be adopted by a roll call vote by a
 5    majority of the  members  elected  to  each  chamber  of  the
 6    General Assembly.
 7    (Source:  P.A.  89-6,  eff.  3-6-95;  89-193,  eff.  7-21-95;
 8    89-641, eff. 8-9-96; 90-17, eff. 7-1-97; 90-372, eff. 7-1-98;
 9    revised 11-18-97.)
10        Section  95.   No  acceleration or delay.  Where this Act
11    makes changes in a statute that is represented in this Act by
12    text that is not yet or no longer in effect (for  example,  a
13    Section  represented  by  multiple versions), the use of that
14    text does not accelerate or delay the taking  effect  of  (i)
15    the  changes made by this Act or (ii) provisions derived from
16    any other Public Act.

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