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92_HB5815 LRB9212846DJdv 1 AN ACT in relation to public aid. 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 - Persons 8 Eligible for Child and Spouse Support Services - Fees for 9 Non-Applicants and Non-Recipients.
)It is the intent of the 10 Illinois Public Aid thisCode that the financial aid and 11 social welfare services herein provided supplement rather 12 than supplant the primary and continuing obligation of the 13 family unit for self-support to the fullest extent permitted 14 by the resources available to it. This primary and continuing 15 obligation applies whether the family unit of parents and 16 children or of husband and wife remains intact and resides in 17 a common household or whether the unit has been broken by 18 absence of one or more members of the unit. The obligation 19 of the family unit is particularly applicable when a member 20 is in necessitous circumstances and lacks the means of a 21 livelihood 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- LRB9212846DJdv 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- LRB9212846DJdv 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.)
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