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91_HB1120sam001
LRB9100524SMdvam02
1 AMENDMENT TO HOUSE BILL 1120
2 AMENDMENT NO. . Amend House Bill 1120 by replacing
3 the title with the following:
4 "AN ACT concerning victims of Nazi persecution."; and
5 by inserting below Section 5 the following:
6 "Section 10. The Illinois Public Aid Code is amended by
7 changing Sections 3-1.2, 3-5, 4-1.6, 4-2, 5-2, 5-4, 6-1.2,
8 and 6-2 as follows:
9 (305 ILCS 5/3-1.2) (from Ch. 23, par. 3-1.2)
10 Sec. 3-1.2. Need. Income available to the person, when
11 added to contributions in money, substance, or services from
12 other sources, including contributions from legally
13 responsible relatives, must be insufficient to equal the
14 grant amount established by Department regulation for such
15 person.
16 In determining earned income to be taken into account,
17 consideration shall be given to any expenses reasonably
18 attributable to the earning of such income. If federal law or
19 regulations permit or require exemption of earned or other
20 income and resources, the Illinois Department shall provide
21 by rule and regulation that the amount of income to be
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1 disregarded be increased (1) to the maximum extent so
2 required and (2) to the maximum extent permitted by federal
3 law or regulation in effect as of the date this Amendatory
4 Act becomes law. The Illinois Department may also provide by
5 rule and regulation that the amount of resources to be
6 disregarded be increased to the maximum extent so permitted
7 or required.
8 In determining the resources of an individual or any
9 dependents, the Department shall exclude from consideration
10 the value of funeral and burial spaces, grave markers and
11 other funeral and burial merchandise, funeral and burial
12 insurance the proceeds of which can only be used to pay the
13 funeral and burial expenses of the insured and funds
14 specifically set aside for the funeral and burial
15 arrangements of the individual or his or her dependents,
16 including prepaid funeral and burial plans, to the same
17 extent that such items are excluded from consideration under
18 the federal Supplemental Security Income program.
19 The homestead shall be exempt from consideration except
20 to the extent that it meets the income and shelter needs of
21 the person. "Homestead" means the dwelling house and
22 contiguous real estate owned and occupied by the person,
23 regardless of its value.
24 Occasional or irregular gifts in cash, goods or services
25 from persons who are not legally responsible relatives which
26 are of nominal value or which do not have significant effect
27 in meeting essential requirements shall be disregarded. The
28 eligibility of any applicant for or recipient of public aid
29 under this Article is not affected by the payment of any
30 grant under the "Senior Citizens and Disabled Persons
31 Property Tax Relief and Pharmaceutical Assistance Act" or any
32 distributions or items of income described under subparagraph
33 (X) of paragraph (2) of subsection (a) of Section 203 of the
34 Illinois Income Tax Act.
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1 The Illinois Department may, after appropriate
2 investigation, establish and implement a consolidated
3 standard to determine need and eligibility for and amount of
4 benefits under this Article or a uniform cash supplement to
5 the federal Supplemental Security Income program for all or
6 any part of the then current recipients under this Article;
7 provided, however, that the establishment or implementation
8 of such a standard or supplement shall not result in
9 reductions in benefits under this Article for the then
10 current recipients of such benefits.
11 (Source: P.A. 84-1308.)
12 (305 ILCS 5/3-5) (from Ch. 23, par. 3-5)
13 Sec. 3-5. Amount of aid. The amount and nature of
14 financial aid granted to or in behalf of aged, blind, or
15 disabled persons shall be determined in accordance with the
16 standards, grant amounts, rules and regulations of the
17 Illinois Department. Due regard shall be given to the
18 requirements and conditions existing in each case, and to the
19 amount of property owned and the income, money contributions,
20 and other support, and resources received or obtainable by
21 the person, from whatever source. However, the amount and
22 nature of any financial aid is not affected by the payment of
23 any grant under the "Senior Citizens and Disabled Persons
24 Property Tax Relief and Pharmaceutical Assistance Act" or any
25 distributions or items of income described under subparagraph
26 (X) of paragraph (2) of subsection (a) of Section 203 of the
27 Illinois Income Tax Act. The aid shall be sufficient, when
28 added to all other income, money contributions and support,
29 to provide the person with a grant in the amount established
30 by Department regulation for such a person, based upon
31 standards providing a livelihood compatible with health and
32 well-being.
33 (Source: P.A. 84-832.)
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1 (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
2 Sec. 4-1.6. Need. Income available to the family as
3 defined by the Illinois Department by rule, or to the child
4 in the case of a child removed from his or her home, when
5 added to contributions in money, substance or services from
6 other sources, including income available from parents absent
7 from the home or from a stepparent, contributions made for
8 the benefit of the parent or other persons necessary to
9 provide care and supervision to the child, and contributions
10 from legally responsible relatives, must be insufficient to
11 equal the grant amount established by Department regulation
12 for such a person.
13 In considering income to be taken into account,
14 consideration shall be given to any expenses reasonably
15 attributable to the earning of such income. The Illinois
16 Department may also, subject to such limitations as may be
17 prescribed by federal law or regulation, permit all or any
18 portion of earned or other income to be set aside for the
19 future identifiable needs of a child. If federal law or
20 regulations permit or require exemption of other income of
21 recipients, the Illinois Department may provide by rule and
22 regulation for the exemptions thus permitted or required.
23 The eligibility of any applicant for or recipient of public
24 aid under this Article is not affected by the payment of any
25 grant under the "Senior Citizens and Disabled Persons
26 Property Tax Relief and Pharmaceutical Assistance Act" or any
27 distributions or items of income described under subparagraph
28 (X) of paragraph (2) of subsection (a) of Section 203 of the
29 Illinois Income Tax Act.
30 The Illinois Department may, by rule, set forth criteria
31 under which an assistance unit is ineligible for cash
32 assistance under this Article for a specified number of
33 months due to the receipt of a lump sum payment.
34 (Source: P.A. 90-17, eff. 7-1-97.)
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1 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
2 Sec. 4-2. Amount of aid.
3 (a) The amount and nature of financial aid shall be
4 determined in accordance with the grant amounts, rules and
5 regulations of the Illinois Department. Due regard shall be
6 given to the self-sufficiency requirements of the family and
7 to the income, money contributions and other support and
8 resources available, from whatever source. Beginning July 1,
9 1992, the supplementary grants previously paid under this
10 Section shall no longer be paid. However, the amount and
11 nature of any financial aid is not affected by the payment of
12 any grant under the "Senior Citizens and Disabled Persons
13 Property Tax Relief and Pharmaceutical Assistance Act" or any
14 distributions or items of income described under subparagraph
15 (X) of paragraph (2) of subsection (a) of Section 203 of the
16 Illinois Income Tax Act. The aid shall be sufficient, when
17 added to all other income, money contributions and support to
18 provide the family with a grant in the amount established by
19 Department regulation.
20 (b) The Illinois Department may conduct special
21 projects, which may be known as Grant Diversion Projects,
22 under which recipients of financial aid under this Article
23 are placed in jobs and their grants are diverted to the
24 employer who in turn makes payments to the recipients in the
25 form of salary or other employment benefits. The Illinois
26 Department shall by rule specify the terms and conditions of
27 such Grant Diversion Projects. Such projects shall take into
28 consideration and be coordinated with the programs
29 administered under the Illinois Emergency Employment
30 Development Act.
31 (c) The amount and nature of the financial aid for a
32 child requiring care outside his own home shall be determined
33 in accordance with the rules and regulations of the Illinois
34 Department, with due regard to the needs and requirements of
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1 the child in the foster home or institution in which he has
2 been placed.
3 (d) If the Department establishes grants for family
4 units consisting exclusively of a pregnant woman with no
5 dependent child or including her husband if living with her,
6 the grant amount for such a unit shall be equal to the grant
7 amount for an assistance unit consisting of one adult, or 2
8 persons if the husband is included. Other than as herein
9 described, an unborn child shall not be counted in
10 determining the size of an assistance unit or for calculating
11 grants.
12 Payments for basic maintenance requirements of a child or
13 children and the relative with whom the child or children are
14 living shall be prescribed, by rule, by the Illinois
15 Department.
16 These grants may be increased in the following circumstances:
17 1. If the child is living with both parents or with
18 persons standing in the relationship of parents, and if
19 the grant is necessitated because of the unemployment or
20 insufficient earnings of the parent or parents and
21 neither parent is receiving benefits under "The
22 Unemployment Compensation Act", approved June 30, 1937,
23 as amended, the maximum may be increased by not more than
24 $25.
25 2. If a child is age 13 or over, the maximum may be
26 increased by not more than $15.
27 The allowances provided under Article IX for recipients
28 participating in the training and rehabilitation programs
29 shall be in addition to the maximum payments established in
30 this Section.
31 Grants under this Article shall not be supplemented by
32 General Assistance provided under Article VI.
33 (e) Grants shall be paid to the parent or other person
34 with whom the child or children are living, except for such
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1 amount as is paid in behalf of the child or his parent or
2 other relative to other persons or agencies pursuant to this
3 Code or the rules and regulations of the Illinois Department.
4 (f) An assistance unit, receiving financial aid under
5 this Article or temporarily ineligible to receive aid under
6 this Article under a penalty imposed by the Illinois
7 Department for failure to comply with the eligibility
8 requirements or that voluntarily requests termination of
9 financial assistance under this Article and becomes
10 subsequently eligible for assistance within 9 months, shall
11 not receive any increase in the amount of aid solely on
12 account of the birth of a child; except that an increase is
13 not prohibited when the birth is (i) of a child of a pregnant
14 woman who became eligible for aid under this Article during
15 the pregnancy, or (ii) of a child born within 10 months after
16 the date of implementation of this subsection, or (iii) of a
17 child conceived after a family became ineligible for
18 assistance due to income or marriage and at least 3 months of
19 ineligibility expired before any reapplication for
20 assistance. This subsection does not, however, prevent a
21 unit from receiving a general increase in the amount of aid
22 that is provided to all recipients of aid under this Article.
23 The Illinois Department is authorized to transfer funds,
24 and shall use any budgetary savings attributable to not
25 increasing the grants due to the births of additional
26 children, to supplement existing funding for employment and
27 training services for recipients of aid under this Article
28 IV. The Illinois Department shall target, to the extent the
29 supplemental funding allows, employment and training services
30 to the families who do not receive a grant increase after the
31 birth of a child. In addition, the Illinois Department shall
32 provide, to the extent the supplemental funding allows, such
33 families with up to 24 months of transitional child care
34 pursuant to Illinois Department rules. All remaining
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1 supplemental funds shall be used for employment and training
2 services or transitional child care support.
3 In making the transfers authorized by this subsection,
4 the Illinois Department shall first determine, pursuant to
5 regulations adopted by the Illinois Department for this
6 purpose, the amount of savings attributable to not increasing
7 the grants due to the births of additional children.
8 Transfers may be made from General Revenue Fund
9 appropriations for distributive purposes authorized by
10 Article IV of this Code only to General Revenue Fund
11 appropriations for employability development services
12 including operating and administrative costs and related
13 distributive purposes under Article IXA of this Code. The
14 Director, with the approval of the Governor, shall certify
15 the amount and affected line item appropriations to the State
16 Comptroller.
17 The Illinois Department shall apply for all waivers of
18 federal law and regulations necessary to implement this
19 subsection; implementation of this subsection is contingent
20 on the Illinois Department receiving all necessary federal
21 waivers. The Illinois Department may implement this
22 subsection through the use of emergency rules in accordance
23 with Section 5-45 of the Illinois Administrative Procedure
24 Act. For purposes of the Illinois Administrative Procedure
25 Act, the adoption of rules to implement this subsection shall
26 be considered an emergency and necessary for the public
27 interest, safety, and welfare.
28 Nothing in this subsection shall be construed to prohibit
29 the Illinois Department from using funds under this Article
30 IV to provide assistance in the form of vouchers that may be
31 used to pay for goods and services deemed by the Illinois
32 Department, by rule, as suitable for the care of the child
33 such as diapers, clothing, school supplies, and cribs.
34 (g) (Blank).
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1 (h) Notwithstanding any other provision of this Code,
2 the Illinois Department is authorized to reduce payment
3 levels used to determine cash grants under this Article after
4 December 31 of any fiscal year if the Illinois Department
5 determines that the caseload upon which the appropriations
6 for the current fiscal year are based have increased by more
7 than 5% and the appropriation is not sufficient to ensure
8 that cash benefits under this Article do not exceed the
9 amounts appropriated for those cash benefits. Reductions in
10 payment levels may be accomplished by emergency rule under
11 Section 5-45 of the Illinois Administrative Procedure Act,
12 except that the limitation on the number of emergency rules
13 that may be adopted in a 24-month period shall not apply and
14 the provisions of Sections 5-115 and 5-125 of the Illinois
15 Administrative Procedure Act shall not apply. Increases in
16 payment levels shall be accomplished only in accordance with
17 Section 5-40 of the Illinois Administrative Procedure Act.
18 Before any rule to increase payment levels promulgated under
19 this Section shall become effective, a joint resolution
20 approving the rule must be adopted by a roll call vote by a
21 majority of the members elected to each chamber of the
22 General Assembly.
23 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
24 89-641, eff. 8-9-96; 90-17, eff. 7-1-97; 90-372, eff. 7-1-98;
25 90-655, eff. 7-30-98.)
26 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
27 Sec. 5-2. Classes of Persons Eligible. Medical
28 assistance under this Article shall be available to any of
29 the following classes of persons in respect to whom a plan
30 for coverage has been submitted to the Governor by the
31 Illinois Department and approved by him:
32 1. Recipients of basic maintenance grants under Articles
33 III and IV.
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1 2. Persons otherwise eligible for basic maintenance
2 under Articles III and IV but who fail to qualify thereunder
3 on the basis of need, and who have insufficient income and
4 resources to meet the costs of necessary medical care,
5 including but not limited to, all persons who would be
6 determined eligible for such basic maintenance under Article
7 IV by disregarding the maximum earned income permitted by
8 federal law.
9 3. Persons who would otherwise qualify for Aid to the
10 Medically Indigent under Article VII.
11 4. Persons not eligible under any of the preceding
12 paragraphs who fall sick, are injured, or die, not having
13 sufficient money, property or other resources to meet the
14 costs of necessary medical care or funeral and burial
15 expenses.
16 5. (a) Women during pregnancy, after the fact of
17 pregnancy has been determined by medical diagnosis, and
18 during the 60-day period beginning on the last day of the
19 pregnancy, together with their infants and children born
20 after September 30, 1983, whose income and resources are
21 insufficient to meet the costs of necessary medical care
22 to the maximum extent possible under Title XIX of the
23 Federal Social Security Act.
24 (b) The Illinois Department and the Governor shall
25 provide a plan for coverage of the persons eligible under
26 paragraph 5(a) by April 1, 1990. Such plan shall provide
27 ambulatory prenatal care to pregnant women during a
28 presumptive eligibility period and establish an income
29 eligibility standard that is equal to 133% of the nonfarm
30 income official poverty line, as defined by the federal
31 Office of Management and Budget and revised annually in
32 accordance with Section 673(2) of the Omnibus Budget
33 Reconciliation Act of 1981, applicable to families of the
34 same size, provided that costs incurred for medical care
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1 are not taken into account in determining such income
2 eligibility.
3 (c) The Illinois Department may conduct a
4 demonstration in at least one county that will provide
5 medical assistance to pregnant women, together with their
6 infants and children up to one year of age, where the
7 income eligibility standard is set up to 185% of the
8 nonfarm income official poverty line, as defined by the
9 federal Office of Management and Budget. The Illinois
10 Department shall seek and obtain necessary authorization
11 provided under federal law to implement such a
12 demonstration. Such demonstration may establish resource
13 standards that are not more restrictive than those
14 established under Article IV of this Code.
15 6. Persons under the age of 18 who fail to qualify as
16 dependent under Article IV and who have insufficient income
17 and resources to meet the costs of necessary medical care to
18 the maximum extent permitted under Title XIX of the Federal
19 Social Security Act.
20 7. Persons who are 18 years of age or younger and would
21 qualify as disabled as defined under the Federal Supplemental
22 Security Income Program, provided medical service for such
23 persons would be eligible for Federal Financial
24 Participation, and provided the Illinois Department
25 determines that:
26 (a) the person requires a level of care provided by
27 a hospital, skilled nursing facility, or intermediate
28 care facility, as determined by a physician licensed to
29 practice medicine in all its branches;
30 (b) it is appropriate to provide such care outside
31 of an institution, as determined by a physician licensed
32 to practice medicine in all its branches;
33 (c) the estimated amount which would be expended
34 for care outside the institution is not greater than the
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1 estimated amount which would be expended in an
2 institution.
3 8. Persons who become ineligible for basic maintenance
4 assistance under Article IV of this Code in programs
5 administered by the Illinois Department due to employment
6 earnings and persons in assistance units comprised of adults
7 and children who become ineligible for basic maintenance
8 assistance under Article VI of this Code due to employment
9 earnings. The plan for coverage for this class of persons
10 shall:
11 (a) extend the medical assistance coverage for up
12 to 12 months following termination of basic maintenance
13 assistance; and
14 (b) offer persons who have initially received 6
15 months of the coverage provided in paragraph (a) above,
16 the option of receiving an additional 6 months of
17 coverage, subject to the following:
18 (i) such coverage shall be pursuant to
19 provisions of the federal Social Security Act;
20 (ii) such coverage shall include all services
21 covered while the person was eligible for basic
22 maintenance assistance;
23 (iii) no premium shall be charged for such
24 coverage; and
25 (iv) such coverage shall be suspended in the
26 event of a person's failure without good cause to
27 file in a timely fashion reports required for this
28 coverage under the Social Security Act and coverage
29 shall be reinstated upon the filing of such reports
30 if the person remains otherwise eligible.
31 9. Persons with acquired immunodeficiency syndrome
32 (AIDS) or with AIDS-related conditions with respect to whom
33 there has been a determination that but for home or
34 community-based services such individuals would require the
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1 level of care provided in an inpatient hospital, skilled
2 nursing facility or intermediate care facility the cost of
3 which is reimbursed under this Article. Assistance shall be
4 provided to such persons to the maximum extent permitted
5 under Title XIX of the Federal Social Security Act.
6 10. Participants in the long-term care insurance
7 partnership program established under the Partnership for
8 Long-Term Care Act who meet the qualifications for protection
9 of resources described in Section 25 of that Act.
10 The Illinois Department and the Governor shall provide a
11 plan for coverage of the persons eligible under paragraph 7
12 as soon as possible after July 1, 1984.
13 The eligibility of any such person for medical assistance
14 under this Article is not affected by the payment of any
15 grant under the Senior Citizens and Disabled Persons Property
16 Tax Relief and Pharmaceutical Assistance Act or any
17 distributions or items of income described under subparagraph
18 (X) of paragraph (2) of subsection (a) of Section 203 of the
19 Illinois Income Tax Act. The Department shall by rule
20 establish the amounts of assets to be disregarded in
21 determining eligibility for medical assistance, which shall
22 at a minimum equal the amounts to be disregarded under the
23 Federal Supplemental Security Income Program. The amount of
24 assets of a single person to be disregarded shall not be less
25 than $2,000, and the amount of assets of a married couple to
26 be disregarded shall not be less than $3,000.
27 To the extent permitted under federal law, any person
28 found guilty of a second violation of Article VIIIA shall be
29 ineligible for medical assistance under this Article, as
30 provided in Section 8A-8.
31 The eligibility of any person for medical assistance
32 under this Article shall not be affected by the receipt by
33 the person of donations or benefits from fundraisers held for
34 the person in cases of serious illness, as long as neither
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1 the person nor members of the person's family have actual
2 control over the donations or benefits or the disbursement of
3 the donations or benefits.
4 (Source: P.A. 89-525, eff. 7-19-96.)
5 (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
6 Sec. 5-4. Amount and nature of medical assistance. The
7 amount and nature of medical assistance shall be determined
8 by the County Departments in accordance with the standards,
9 rules, and regulations of the Illinois Department of Public
10 Aid, with due regard to the requirements and conditions in
11 each case, including contributions available from legally
12 responsible relatives. However, the amount and nature of
13 such medical assistance shall not be affected by the payment
14 of any grant under the Senior Citizens and Disabled Persons
15 Property Tax Relief and Pharmaceutical Assistance Act or any
16 distributions or items of income described under subparagraph
17 (X) of paragraph (2) of subsection (a) of Section 203 of the
18 Illinois Income Tax Act. The amount and nature of medical
19 assistance shall not be affected by the receipt of donations
20 or benefits from fundraisers in cases of serious illness, as
21 long as neither the person nor members of the person's family
22 have actual control over the donations or benefits or the
23 disbursement of the donations or benefits.
24 In determining the income and assets available to the
25 institutionalized spouse and to the community spouse, the
26 Illinois Department of Public Aid shall follow the procedures
27 established by federal law. The community spouse resource
28 allowance shall be established and maintained at the maximum
29 level permitted pursuant to Section 1924(f)(2) of the Social
30 Security Act, as now or hereafter amended, or an amount set
31 after a fair hearing, whichever is greater. The monthly
32 maintenance allowance for the community spouse shall be
33 established and maintained at the maximum level permitted
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1 pursuant to Section 1924(d)(3)(C) of the Social Security Act,
2 as now or hereafter amended. Subject to the approval of the
3 Secretary of the United States Department of Health and Human
4 Services, the provisions of this Section shall be extended to
5 persons who but for the provision of home or community-based
6 services under Section 4.02 of the Illinois Act on the Aging,
7 would require the level of care provided in an institution,
8 as is provided for in federal law.
9 The Department of Human Services shall notify in writing
10 each institutionalized spouse who is a recipient of medical
11 assistance under this Article, and each such person's
12 community spouse, of the changes in treatment of income and
13 resources, including provisions for protecting income for a
14 community spouse and permitting the transfer of resources to
15 a community spouse, required by enactment of the federal
16 Medicare Catastrophic Coverage Act of 1988 (Public Law
17 100-360). The notification shall be in language likely to be
18 easily understood by those persons. The Department of Human
19 Services also shall reassess the amount of medical assistance
20 for which each such recipient is eligible as a result of the
21 enactment of that federal Act, whether or not a recipient
22 requests such a reassessment.
23 (Source: P.A. 89-507, eff. 7-1-97; 90-655, eff. 7-30-98.)
24 (305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
25 Sec. 6-1.2. Need. Income available to the person, when
26 added to contributions in money, substance, or services from
27 other sources, including contributions from legally
28 responsible relatives, must be insufficient to equal the
29 grant amount established by Department regulation (or by
30 local governmental unit in units which do not receive State
31 funds) for such a person.
32 In determining income to be taken into account:
33 (1) The first $75 of earned income in income
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1 assistance units comprised exclusively of one adult
2 person shall be disregarded, and for not more than 3
3 months in any 12 consecutive months that portion of
4 earned income beyond the first $75 that is the difference
5 between the standard of assistance and the grant amount,
6 shall be disregarded.
7 (2) For income assistance units not comprised
8 exclusively of one adult person, when authorized by rules
9 and regulations of the Illinois Department, a portion of
10 earned income, not to exceed the first $25 a month plus
11 50% of the next $75, may be disregarded for the purpose
12 of stimulating and aiding rehabilitative effort and
13 self-support activity.
14 "Earned income" means money earned in self-employment or
15 wages, salary, or commission for personal services performed
16 as an employee. The eligibility of any applicant for or
17 recipient of public aid under this Article is not affected by
18 the payment of any grant under the "Senior Citizens and
19 Disabled Persons Property Tax Relief and Pharmaceutical
20 Assistance Act", or any refund or payment of the federal
21 Earned Income Tax Credit, or any distributions or items of
22 income described under subparagraph (X) of paragraph (2) of
23 subsection (a) of Section 203 of the Illinois Income Tax Act.
24 If federal laws or regulations applicable to persons
25 receiving assistance under Articles III or IV of this Code
26 permit or require the exemption of earned income in excess of
27 the foregoing limitation on earned income exemptions or
28 permit or require the exemption of certain other income and
29 resources, the Illinois Department, may, by rule, authorize
30 comparable exemptions in determining need under this Section.
31 (Source: P.A. 90-457, eff. 1-1-98.)
32 (305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
33 Sec. 6-2. Amount of aid. The amount and nature of
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1 General Assistance for basic maintenance requirements shall
2 be determined in accordance with local budget standards for
3 local governmental units which do not receive State funds.
4 For local governmental units which do receive State funds,
5 the amount and nature of General Assistance for basic
6 maintenance requirements shall be determined in accordance
7 with the standards, rules and regulations of the Illinois
8 Department. Beginning July 1, 1992, the supplementary grants
9 previously paid under this Section shall no longer be paid.
10 However, the amount and nature of any financial aid is not
11 affected by the payment of any grant under the Senior
12 Citizens and Disabled Persons Property Tax Relief and
13 Pharmaceutical Assistance Act or any distributions or items
14 of income described under subparagraph (X) of paragraph (2)
15 of subsection (a) of Section 203 of the Illinois Income Tax
16 Act. Due regard shall be given to the requirements and the
17 conditions existing in each case, and to the income, money
18 contributions and other support and resources available, from
19 whatever source. In local governmental units which do not
20 receive State funds, the grant shall be sufficient when added
21 to all other income, money contributions and support in
22 excess of any excluded income or resources, to provide the
23 person with a grant in the amount established for such a
24 person by the local governmental unit based upon standards
25 meeting basic maintenance requirements. In local
26 governmental units which do receive State funds, the grant
27 shall be sufficient when added to all other income, money
28 contributions and support in excess of any excluded income or
29 resources, to provide the person with a grant in the amount
30 established for such a person by Department regulation based
31 upon standards providing a livelihood compatible with health
32 and well-being, as directed by Section 12-4.11 of this Code.
33 The Illinois Department may conduct special projects,
34 which may be known as Grant Diversion Projects, under which
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1 recipients of financial aid under this Article are placed in
2 jobs and their grants are diverted to the employer who in
3 turn makes payments to the recipients in the form of salary
4 or other employment benefits. The Illinois Department shall
5 by rule specify the terms and conditions of such Grant
6 Diversion Projects. Such projects shall take into
7 consideration and be coordinated with the programs
8 administered under the Illinois Emergency Employment
9 Development Act.
10 The allowances provided under Article IX for recipients
11 participating in the training and rehabilitation programs
12 shall be in addition to such maximum payment.
13 Payments may also be made to provide persons receiving
14 basic maintenance support with necessary treatment, care and
15 supplies required because of illness or disability or with
16 acute medical treatment, care, and supplies. Payments for
17 necessary or acute medical care under this paragraph may be
18 made to or in behalf of the person. Obligations incurred for
19 such services but not paid for at the time of a recipient's
20 death may be paid, subject to the rules and regulations of
21 the Illinois Department, after the death of the recipient.
22 (Source: P.A. 89-646, eff. 1-1-97; 90-372, eff. 7-1-98.)
23 Section 15. The Senior Citizens and Disabled Persons
24 Property Tax Relief and Pharmaceutical Assistance Act is
25 amended by changing Section 3.07 as follows:
26 (320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07)
27 Sec. 3.07. "Income" means adjusted gross income,
28 properly reportable for federal income tax purposes under the
29 provisions of the Internal Revenue Code, modified by adding
30 thereto the sum of the following amounts to the extent
31 deducted or excluded from gross income in the computation of
32 adjusted gross income:
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1 (A) An amount equal to all amounts paid or accrued
2 as interest or dividends during the taxable year;
3 (B) An amount equal to the amount of tax imposed by
4 the Illinois Income Tax Act paid for the taxable year;
5 (C) An amount equal to all amounts received during
6 the taxable year as an annuity under an annuity,
7 endowment or life insurance contract or under any other
8 contract or agreement;
9 (D) An amount equal to the amount of benefits paid
10 under the Federal Social Security Act during the taxable
11 year;
12 (E) An amount equal to the amount of benefits paid
13 under the Railroad Retirement Act during the taxable
14 year;
15 (F) An amount equal to the total amount of cash
16 public assistance payments received from any governmental
17 agency during the taxable year other than benefits
18 received pursuant to this Act;
19 (G) An amount equal to any net operating loss
20 carryover deduction or capital loss carryover deduction
21 during the taxable year.
22 "Income" does not include any grant assistance received
23 under the Nursing Home Grant Assistance Act or any
24 distributions or items of income described under subparagraph
25 (X) of paragraph (2) of subsection (a) of Section 203 of the
26 Illinois Income Tax Act.
27 This amendatory Act of 1987 shall be effective for
28 purposes of this Section for tax years ending on or after
29 December 31, 1987.
30 (Source: P.A. 90-491, eff. 1-1-98.)".