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91_HB3690
LRB9110887STsb
1 AN ACT to amend the Illinois Public Aid Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5 changing Section 10-1 as follows:
6 (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
7 Sec. 10-1. Declaration of public policy. Public Policy
8 - Persons Eligible for Child and Spouse Support Services -
9 Fees for Non-Applicants and Non-Recipients.) It is the intent
10 of this Code that the financial aid and social welfare
11 services herein provided supplement rather than supplant the
12 primary and continuing obligation of the family unit for
13 self-support to the fullest extent permitted by the resources
14 available to it. This primary and continuing obligation
15 applies whether the family unit of parents and children or of
16 husband and wife remains intact and resides in a common
17 household or whether the unit has been broken by absence of
18 one or more members of the unit. The obligation of the
19 family unit is particularly applicable when a member is in
20 necessitous circumstances and lacks the means of a livelihood
21 compatible with health and well-being.
22 It is the purpose of this Article to provide for locating
23 an absent parent or spouse, for determining his financial
24 circumstances, and for enforcing his legal obligation of
25 support, if he is able to furnish support, in whole or in
26 part. The Illinois Department of Public Aid shall give
27 priority to establishing, enforcing and collecting the
28 current support obligation, and then to past due support owed
29 to the family unit, except with respect to collections
30 effected through the intercept programs provided for in this
31 Article.
-2- LRB9110887STsb
1 The child and spouse support services provided hereunder
2 shall be furnished dependents of an absent parent or spouse
3 who are applicants for or recipients of financial aid under
4 this Code. It is not, however, a condition of eligibility
5 for financial aid that there be no responsible relatives who
6 are reasonably able to provide support. Nor, except as
7 provided in Sections 4-1.7 and 10-8, shall the existence of
8 such relatives or their payment of support contributions
9 disqualify a needy person for financial aid.
10 By accepting financial aid under this Code, a spouse or a
11 parent or other person having custody of a child shall be
12 deemed to have made assignment to the Illinois Department for
13 aid under Articles III, IV, V and VII or to a local
14 governmental unit for aid under Article VI of any and all
15 rights, title, and interest in any support obligation up to
16 the amount of financial aid provided. The rights to support
17 assigned to the Illinois Department of Public Aid or local
18 governmental unit shall constitute an obligation owed the
19 State or local governmental unit by the person who is
20 responsible for providing the support, and shall be
21 collectible under all applicable processes.
22 The Illinois Department of Public Aid shall also furnish
23 the child and spouse support services established under this
24 Article in behalf of persons who are not applicants for or
25 recipients of financial aid under this Code in accordance
26 with the requirements of Title IV, Part D of the Social
27 Security Act. The Department may establish a schedule of
28 reasonable fees, to be paid for the services provided and may
29 deduct a collection fee, not to exceed 10% of the amount
30 collected, from such collection. The Illinois Department of
31 Public Aid shall cause to be published and distributed
32 publications reasonably calculated to inform the public that
33 individuals who are not recipients of or applicants for
34 public aid under this Code are eligible for the child and
-3- LRB9110887STsb
1 spouse support services under this Article X. Such
2 publications shall set forth an explanation, in plain
3 language, that the child and spouse support services program
4 is independent of any public aid program under the Code and
5 that the receiving of child and spouse support service in no
6 way implies that the person receiving such service is
7 receiving public aid.
8 (Source: P.A. 90-18, eff. 7-1-97.)