TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.101 INCORPORATION BY REFERENCE
Section 10.101 Incorporation
By Reference
Any rules or regulations of an
agency of the United States or of a nationally recognized organization or
association that are incorporated by reference in this Part are incorporated as
of the date specified and do not include any later amendments or editions.
 | TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.110 APPLICABILITY
Section 10.110 Applicability
a) This Part applies to activities of the Illinois Department of
Human Services and local governmental units in administering those programs and
activities authorized by the Illinois Public Aid Code [305 ILCS 5] and any
other applicable statutes.
b) Should any Rule, subdivision, clause, phrase, or provision of
this Part be held unconstitutional or invalid for any reason whatsoever, such
holdings shall not affect the validity of the remaining portions of this Part.
c) This Part shall be operative only to the extent that it does
not conflict with any Federal law or regulation governing Federal grants to
this State for public assistance programs.
ADMINISTRATIVE CODE TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10 GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.120 DEFINITIONS
Section 10.120 Definitions
"AABD"
or "Aid to the Aged, Blind or Disabled" – Financial assistance and
medical assistance available to individuals who have been determined to be
aged, blind or disabled as defined by the Social Security Administration.
"Adequate
Consideration" − The receipt of goods, monies or services at least
in the amount of the fair market value of the property sold.
"Adult
Cases" − A case in which no child is included in the assistance
unit.
"Adverse
Action" − Any action that reduces SNAP benefits or terminates
participation in SNAP within a certification period.
"Agency
Error" − An action or inaction of the Department resulting in
assistance benefits being furnished to or in behalf of a client for which the
client is not eligible.
"Applicant"
− An individual requesting assistance by completion of a signed, written
application form or a person in whose behalf a signed written application form
requesting assistance is completed.
"Application"
− A request for assistance by means of a completed, signed designated
form. For SNAP purposes, only a name, address and signature are needed on the
form.
"Assistance
Unit" − The individual or individuals living together for whom the
Department determines eligibility and, if eligible, provides financial and/or
medical assistance as one unit.
"Beneficiary"
− Any person nominated in a will to receive an interest in property other
than in a fiduciary capacity.
"Caretaker
Relative" or "Specified Relative" − A relative, as
specified in this definition, with whom a child must live to be eligible for
TANF and who is providing care, supervision and a home for the child.
Blood or
adoptive relatives within the fifth degree of kinship:
Father – Mother
Brother – Sister
Grandmother –
Grandfather (including up to great-great-great)
Uncle – Aunt
(including up to great-great)
Nephew – Niece
(including up to great-great)
First Cousin
First Cousin
once removed (child of first cousin)
Second Cousin
(child of great-aunt/uncle)
Step-Relatives:
Step-Father – Step-Mother
Step-Brother –
Step-Sister
Person who is
or has been married to one of the above relatives.
"Categorical
Assistance Programs" − TANF, AABD and related MANG programs.
"Categorically
Eligible" − The meeting of all eligibility requirements for a
categorical assistance program other than financial need.
"Certification
for SNAP" − Authorization of eligibility of a household for SNAP.
"Certification
Period" − The period of time for which a household is authorized to
participate in SNAP.
"Certifying
Office" − The DHS local office or General Assistance unit office
responsible for certification of SNAP participants.
"Child
and Family Assistance Case" − A General Assistance case in which
case eligibility is based on pregnancy or the presence of an eligible child.
"Client"
− The adult in the family or unit applying for assistance or receiving
assistance on behalf of the family.
"Client
Error" − A client's mistake, misunderstanding, misrepresentation or
concealment of information or failure to report information promptly that
results in financial and/or medical assistance being paid to or in behalf of a
recipient for which the recipient is not eligible.
"Correspondent"
− A specific individual who has been legally designated to handle the
affairs of another individual, that is, parents, court-appointed guardian or
conservator.
"DCFS"
− Illinois Department of Children and Family Services.
"Department"
− The Illinois Department of Human Services.
"Dependent
Child" − A child age 18 or under who is living with a relative. If
age 18, the child must be a full-time high school (or equivalent) student.
"Disbursing
Order" − An invoice voucher form given to a client authorizing a
vendor to provide specified goods and/or services.
"Disposition
of an Application" − The determination of eligibility or
ineligibility.
"Diverted
Income" − Earned or unearned income of a parent used to meet the
needs of ineligible person or persons, including the parent, their dependent
child or children or their spouse.
"DOC"
− Illinois Department of Corrections.
"DOL"
− Illinois Department of Labor.
"Earmarked
Income" − Income restricted for the use of an individual by court
order or by legal stipulation of a contributor. Only income of a child may be
considered earmarked for Departmental purposes. The income of an eligible
child who has siblings in the home receiving TANF financial assistance cannot
be earmarked.
"Earned
Income" − Pay derived through the receipt of wages or salary for
services performed as an employee or profits from activity in which the
individual is self-employed.
"Effective
Date" − The date for which case action is authorized.
"Enrolled
MANG Participant" − Person or unit meeting the nonfinancial factors
of eligibility.
"Established
12-Month Period" − The period of 12 calendar months over which
income is compared to the applicable MANG standard.
"Estate"
− All real and personal property within an individual's estate as
provided in Illinois probate law. For a decedent who received benefits under a
long term care insurance policy in connection with which assets were
disregarded, the term "estate" includes all real and personal
property in which the individual had legal title or interest at the time of
death (to the extent of such interest), including assets conveyed to a
survivor, heir or assignee of the deceased person through joint tenancy,
tenancy in common, survivorship, life estate, living trust or other
arrangement.
"Expedited
Issuance" − Authorization of SNAP benefits after the household has
been determined to be destitute or to have zero net income.
"Expedited
Service" − An immediate processing of a SNAP application and
determination of eligibility for expedited issuance.
"Final
Administrative Decision" − A decision made by the Department as a
result of an appeal. It either upholds or reverses the appealed action or determines
a lack of jurisdiction.
"Financial
Assistance" − Public assistance paid in the form of a cash benefit
to a recipient for income maintenance needs. Medical assistance and SNAP
benefits are not considered financial assistance.
"Financial
Factors of Eligibility" − Income, assets and Department levels of
assistance.
"Financially
Eligible" − The meeting of all financial factors of eligibility.
"Fiscal
Month" − Begins on a given day in one calendar month and ends on the
day prior to the same given day in the next calendar month.
"FNS"
− The Food and Nutrition Service of the United States Department of
Agriculture.
"Full-Time
Employment" − Employment of 30 hours per week or more.
"GA"
or "General Assistance" – Financial and medical assistance available
to eligible needy families or individuals who are ineligible to receive
assistance through a categorical assistance program. All State funded General
Assistance and related medical benefits were eliminated effective July 1, 2012.
"Grant"
− The total amount of a monthly financial assistance payment.
"Grant
Cases" − Public assistance cases authorized for financial assistance
payments to the recipient.
"Head of
Household" − The person in whose name application is made for
participation in SNAP. This person is normally the individual who is the
household's primary source of income.
"Hearing"
− The actual presentation and consideration of the issue under appeal
before a hearing officer of the Department.
"Heir"
− Any person entitled under the statutes to an interest in property of a
decedent.
"HFS"
− Illinois Department of Healthcare and Family Services, formerly known
as the Illinois Department of Public Aid (DPA).
"Initial
Prorated Entitlement" or "IPE" − Financial assistance to
cover the period from the initial point of eligibility (application for
assistance or initial needs of a person being added to the assistance unit)
through two days after the mailing date of the first regular monthly assistance
warrant.
"In-Kind
Income" − Income received by or paid in behalf of an individual in a
form other than money.
"Interim
Assistance" − Assistance furnished to or in behalf of an individual
financed totally from State and/or local funds for basic maintenance needs and
furnished during the period beginning with the month in which the individual
filed an application for Supplemental Security Income (SSI) and for which the
individual was found eligible.
"Local
Governmental Unit" − Every county, city, village, incorporated town
or township charged with the duty of providing public aid under General
Assistance and County Veterans Assistance Commissions providing assistance to
indigent war veterans and their families.
"Local
Office" − Department of Human Services-Division of Human Capital
Development office that serves clients.
"Lump-Sum
Payment" − An extraordinary or non-recurring income payment received
by a client.
"MAG"
or "Medical Assistance Grant" – Medical assistance paid on behalf of
a recipient of financial assistance.
"MANG"
or "Medical Assistance No Grant" – Medical assistance paid on behalf
of a recipient of categorical assistance who is not receiving financial
assistance.
"MANG(AABD)"
− Medical assistance available to individuals who have sufficient income
and assets to meet all maintenance needs other than medical care and who are
receiving Supplemental Security Income benefits or who are determined to be
aged, blind or disabled by the Department of Human Services.
"MANG(C)"
− Medical Assistance to Needy Families with Children, which is available
to families with one or more children who would qualify for TANF on the basis
of non-financial eligibility factors but have sufficient income and assets to
meet all maintenance needs other than medical care.
"Medicaid"
− Medical assistance issued by the Department under provisions of Title
XIX of the Social Security Act (42 USC 1396); MAG and MANG.
"Medical
Assistance" − Medicaid.
"MediPlan
Card" − A document that identifies individuals for whom HFS will pay
for essential medical services and supplies.
"Migrant
Worker" − Any person residing temporarily in and employed in
Illinois who moves seasonally from one place to another for the purpose of employment
in agricultural activities, including the planting, raising or harvesting of
any agricultural or horticultural commodities and the handling, packing or
processing of those commodities on the farm where produced or at the point of
first processing.
"OASDI"
or "Old Age, Survivors, and Disability Insurance" – Often termed
"Social Security".
"OJT"
− On-the-job training programs sponsored through the TANF Program, Supplemental
Nutrition Assistance Employment and Training Program or WIA.
"Participant"
− A person taking part in SNAP or a Departmental employment and training
program.
"Recipient"
− An individual who receives benefits under an assistance program.
"SNAP"
− Supplemental Nutrition Assistance Program, formerly known as the Food Stamp
Program. A food and nutrition supplement program available to individuals and
families.
"SNAP
Benefits" − The cash value of benefits that a SNAP unit receives
from the program.
"SNAP
Household" or "SNAP Unit" − For purposes of SNAP, a household
or unit is defined as any of the following:
An individual
living alone;
An individual
living with others, who customarily purchases food and prepares meals for home
consumption separate and apart from others;
A group of
individuals who live together and customarily purchase food and prepare meals
together for home consumption or who, because of their relationship, are
required to qualify for SNAP as a unit.
"Specified Relative" − Same as caretaker relative.
"Spenddown"
− The amount by which a client's nonexempt income during the eligibility
period exceeds the MANG income and asset standards.
"SSA"
− The Social Security Administration.
"SSI"
or "Supplemental Security Income" – A program administered by the
Social Security Administration providing monthly aid to aged, blind and disabled
individuals.
"Student"
− An individual who is enrolled at least half time (as defined by the
institution) in any elementary/middle school, high school, vocational school,
technical school, training program or institution of higher education.
Enrollment in a mail, self-study or correspondence course does not meet the
definition of a student.
"Supervision"
− Exercising of responsibility for the child's welfare by the caretaker.
"Supplemental
Nutrition Assistance Employment and Training Program" − Employment
and training program for SNAP recipients.
"TANF"
or "Temporary Assistance for Needy Families" − Financial and
medical assistance available to families with one or more dependent children.
"Temporary
Caretaker" − Another individual temporarily acting as a caretaker
(not included in the assistance unit) when no caretaker relative is available.
"UI"
− Unemployment Insurance Benefits.
"Unearned
Income" − All income other than earned income.
"Vendor
Payment" − Direct payment to vendors for items or services provided
to clients.
"WIA"
− The federal Workforce Investment Act (29 USC 2801 et seq.).
"Work
Experience" − A Department program that provides experience in a
job.
(Source: Amended at 37 Ill.
Reg. 1865, effective February 4, 2013)
|
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.130 ASSISTANCE PROGRAMS
Section 10.130 Assistance
Programs
a) The types of assistance programs administered by the Illinois
Department of Human Services include: financial assistance and SNAP benefits.
b) Financial Assistance Programs – consists primarily of direct
cash payments to recipients. The various financial assistance programs are:
1) Aid to the Aged, Blind or Disabled – State Supplemental
Payment for aged, blind or disabled persons.
2) Temporary Assistance for Needy Families for families with one
or more children.
3) Refugee Resettlement Program (RRP) for refugees from any
country.
4) Repatriate Program for United States citizens and their
dependents returned from a foreign country by the U.S. Department of State.
c) SNAP Benefits – provides increased food purchasing benefits to
recipients. SNAP benefits are available to individuals who meet the
eligibility requirements of the Food and Nutrition Service of the U.S.
Department of Agriculture in accordance with the Food and Nutrition Act of 2008
(7 USC 2013 et seq.).
(Source: Amended at 37 Ill. Reg.
1865, effective February 4, 2013)
ADMINISTRATIVE CODE TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10 GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.140 ASSISTANCE PROGRAM RESTRICTIONS
Section 10.140 Assistance
Program Restrictions
a) An individual shall be eligible to receive financial
assistance under only one of the following types of assistance programs at any
one time:
1) Categorical Assistance (TANF or AABD), or
2) Assistance to Refugees, Entrants and Repatriates.
b) An individual shall be eligible to receive financial and
medical assistance in only one case under one assistance program, at any one
time, except an individual who currently receives Categorical Assistance from
another state and has established Illinois residence (in accordance with 89
Ill. Adm. Code 112.20, 113.20, 114.20, 120.211, 120.311, or 121.21) may receive
Supplemental Categorical Assistance in Illinois when the amount of the Illinois
assistance payment level to which the individual is entitled exceeds the amount
received from the other state, if the excess is at least $10.
c) An individual shall not be eligible to receive SNAP benefits
as a member of more than one household at any one time.
(Source: Amended at 37 Ill. Reg. 1865,
effective February 4, 2013)
|
SUBPART B: RIGHTS AND RESPONSIBILITIES
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.210 RIGHTS OF CLIENTS
Section 10.210 Rights of
Clients
Assistance programs shall be
administered in such a way as to afford certain rights to clients and assure
that a complete explanation is given of client rights and responsibilities.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.220 NONDISCRIMINATION
Section 10.220
Nondiscrimination
a) No individual participating in any program or activity shall
be discriminated against because of age, race, color, religious belief,
political affiliation, sex, marital status, national origin or handicap.
b) No direct payment for goods and services provided shall be
made to any agency, institution, organization or individual vendor that
initiates or continues prohibited discriminatory practices.
c) Information regarding the Department's nondiscrimination
policy shall be made available to all applicants at the time of application,
all recipients upon request, all vendors receiving direct payment from the
Department and all other interested parties as necessary.
d) Any aggrieved person may file a written complaint of alleged
discriminatory conditions or practices encountered in the Department's programs
and activities.
e) No individual or household applying for or participating in
the food stamp program administered by the Department shall be discriminated
against because of age, race, color, sex, handicaps, religious creed, national
origin, or political beliefs. The individual/household is not to be
discriminated against in any aspect of program administration, including but
not limited to the certification of household, the issuance of benefits, the conduct
of fair or fraud hearings, or the conduct of any other program service.
1) Individuals who believe that they have been subject to
discrimination, as described in subsection (e) of this Section, may file a
written complaint. When an individual expresses an interest in filing a
discrimination complaint, the Department is to:
A) explain the United States Department of Agriculture (USDA)
complaint procedures (the procedure is outlined in 7 CFR 272.6(c)); and
B) explain the Department's complaint procedure; and
C) advise the individual of the right to file a complaint in
either or both the USDA and/or Department complaint systems.
2) Information regarding the Department's nondiscrimination
policy is to be made available to all households at the time of application, to
any household upon request, and to all other interested parties as necessary.
(Source: Amended at 28 Ill.
Reg. 5650, effective March 22, 2004)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.225 GRIEVANCE RIGHTS OF CLIENTS
Section 10.225 Grievance
Rights of Clients
a) When clients believe that they have not been treated with
courtesy, consideration or respect by a Department employee, they or their
representative may file a written grievance. The client may file a written
grievance in any Department office, even if the grievance is against a staff
person not working in that office.
b) The Department will investigate any written grievance which is
filed within 60 days after the grieved occurrence. A client grievance filed
more than 60 days after the grieved occurrence will not be investigated by the
Department.
c) Responsibility for Handling a Grievance
1) When the client is in the local office and files a grievance
against a local office staff person, the intermediary will handle the
grievance.
2) When the client is in the local office and files a grievance
against the local office administrator, the local office administrator or
designee will accept the grievance and notify the next higher level supervisor.
3) When the client is in the local office and files a grievance
against other agency personnel, the work site manager will accept the grievance
and notify the appropriate intermediary.
4) When the client is in any other Department office and files a
grievance against a local office staff person or other agency personnel, the
work site manager will accept the grievance and notify the appropriate
intermediary within 48 hours.
d) Intermediary
1) An intermediary is a designated staff person who investigates
and decides the merits of a client grievance. If necessary, the intermediary
decides about disciplinary action.
2) For local office personnel, the intermediary is:
A) the local office administrator;
B) a management person designated by the local office
administrator; or
C) the next higher level supervisor if the grievance is filed
against the local office administrator.
3) For other agency personnel, the intermediary is:
A) the bureau chief of the employee against whom the grievance has
been filed; or
B) a management person designated by the bureau chief.
e) Investigation and Conference
1) The intermediary registers all grievances in a log. The
information on the log contains:
A) the name of the grievant;
B) the name of the worker or workers against whom the grievance is
directed;
C) the person who heard the grievance, if a hearing was held;
D) the issue or issues involved; and
E) the resolution of the grievance and any appropriate effective
dates.
2) The intermediary will investigate the grievance. If necessary,
the intermediary will determine the merits of the grievance and any
disciplinary action that may be indicated.
3) When the intermediary determines that the investigation
indicates a need for action, the intermediary will send a copy of the grievance
to the employee against whom the grievance was filed. Within ten days after
the receipt of the grievance, the intermediary will arrange a conference
between:
A) the client who filed the grievance;
B) the representative of the client who filed the grievance, if
any;
C) the employee against whom the grievance was filed;
D) a representative designated by the employee, if any (For a
bargaining unit employee, a representative of the bargaining unit may be the
representative.); and
E) the intermediary.
4) The representative of the employee is allowed to:
A) be present to make sure that a bargaining unit employee's rights
under the contract are not violated and that the collective bargaining
agreement is not violated; and
B) be present to make sure a non-bargaining unit employee's rights
under the rules of the Department of Central Management Services (80 Ill. Adm.
Code 310) are not violated.
5) The meeting to hear a client's grievance is an informal
conference controlled by the intermediary to obtain information from the client
and the employee in order to determine the facts about the issue.
6) Within 15 calendar days after the conference, the intermediary
will advise the client who filed the grievance, in writing, of any action being
taken. The client will not be informed of disciplinary action taken against
Department staff.
f) The Department will take corrective action when just cause is
shown. The corrective action must be in accordance with the Agreements between
the State of Illinois and the American Federation of State, County and
Municipal Employees or rules of the Department of Central Management Services
(80 Ill. Adm. Code 302: Subpart K), whichever is applicable.
(Source: Added at 24 Ill. Reg. 7856, effective May 16, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.230 CONFIDENTIALITY OF CASE INFORMATION
Section 10.230
Confidentiality of Case Information
a) For the protection of clients, any information about a client
or case is confidential and shall be used only for purposes directly related to
the administration of the assistance programs, except as provided in
subsections (d) and (e) of this Section. The following shall be considered as
included in the administration of the programs:
1) the establishment of a client's initial or continuing
eligibility for public assistance;
2) the establishment or the extent of an individual's need for
financial assistance, medical assistance or other services; and
3) the establishment of procedures assuring the health and safety
of the client.
b) Use of information for commercial, personal, or political
purposes is specifically prohibited.
c) Local office staff shall inform all agencies and governmental
departments to whom information is furnished that this material is confidential
and must be so considered by the agency or governmental department.
d) Temporary Assistance for Needy Families and General Assistance
TANF and General Assistance case records shall be made
available upon request to the officers of any court or law enforcement agency,
and to other persons or agencies authorized by any court. In particular, case
records may be made available to a law enforcement agency to determine the
current address of a recipient for whom they have an outstanding arrest
warrant. Information shall also be disclosed to the Illinois State Scholarship
Commission pursuant to its investigation or audit of a delinquent student loan
or monetary award. Information may be exchanged among the Illinois Department
of Public Aid, Department of Human Services, and Department of Revenue to
verify sources and amounts of income and for other purposes directly related to
the administration of the Illinois Public Aid Code and of the Illinois Income
Tax Act. The provisions of this Section, as they apply to applicants and
recipients of assistance programs, shall be operative only to the extent that
they do not conflict with any federal law or regulation governing federal
grants to the State for such programs.
e) Food Stamps
1) For the protection of food stamp households, use or disclosure
of individual or case information obtained from the household is restricted to
the following:
A) persons directly connected with the administration or
enforcement of the provisions of the Food Stamp Act of 1977 (7 USC 2011 et
seq.) or regulations;
B) persons directly connected with other federal or federally
aided, or State means-tested assistance programs;
C) Illinois State agencies involved in investigations of reports
of child abuse or neglect, including the Department of Children and Family
Services;
D) employees of the Comptroller General's Office of the United
States for audit examination;
E) local, State or federal law enforcement officials, upon their
written request, for the purpose of investigating an alleged violation of the
Food Stamp Act of 1977 or regulations. The written request shall identify the
official making the request and the authority to do so; the violation being
investigated; and the identity of the person on whom the information is
requested; and
F) State and local law enforcement officers for the current
address of clients who are fugitive felons or probation/parole violators. A
fugitive felon is a person fleeing to avoid prosecution or to avoid
incarceration as a result of his or her involvement in a felony case. A person
who has escaped from a correctional facility is a fugitive felon. The current
address of clients shall be disclosed only to properly identified (i.e., law
enforcement badge and/or identification card) State and local law enforcement
officers who:
i) provide the Department with the name and social security
number of the client; and
ii) satisfy the requirements of 45 CFR 205.50(a)(v)(A) through
(C) (rev. 10/01/1999).
The client shall not be advised of the disclosure of
individual or case information.
2) If a written request to review materials in the case record is
submitted by a responsible household member, the household's currently
authorized representative, or a person acting in the household's behalf, the
material and information in the case record shall be made available for
inspection during normal business hours. However, the local office may
withhold confidential information, such as the names of individuals who have
disclosed information about the household without the household's knowledge or
the nature or status of pending criminal prosecutions.
(Source: Amended at 24 Ill. Reg. 18153, effective November 30, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.235 CASE RECORDS
Section 10.235 Case Records
a) The case record is a business record and shall constitute an
official record of the Department concerning clients.
b) A case record shall be established for each applicant and
maintained for each recipient.
c) The case record shall indicate the basis for approval or
denial of the application.
d) A case record shall be established and maintained for each
applicant and participant in the food stamp program. A separate food stamp
case record shall be maintained for each non-assistance household.
1) For assistance households, the food stamp record shall be
maintained in an isolated section of the regular income maintenance case
record.
2) The case record shall be documented to support eligibility,
ineligibility and benefit level determination. When verification is needed to
resolve questionable information, the case record shall indicate the reason the
information was considered questionable and what documentation was used to
resolve the questionable information. The case record shall also indicate the
reason why an alternate source of verification was needed.
(Source: Added at 24 Ill. Reg. 7856, effective May 16, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.250 REPORTING CHANGE OF CIRCUMSTANCES
Section 10.250 Reporting
Change of Circumstances
a) General
It is the
responsibility of the client to report any change in circumstances, including
but not limited to household composition or receipt of income or assets that
might affect the client's assistance. This information shall be reported to
the local office within ten working days after the change or prior to the
expenditure of funds received, whichever occurs first. For non-assistance food
stamp only households, FamilyCare food stamp households, food stamp households
with earned income and TANF Cash Only cases with earned income, see 89 Ill.
Adm. Code 121.125 and 89 Ill. Adm. Code 112.302.
b) AABD
When an
individual other than the recipient maintains the recipient's funds (income
and/or assets), it is the responsibility of that individual to report any changes
in circumstances to the local office. Any changes that may affect the
recipient's continued eligibility for financial assistance, including receipt
of lump-sum payments, shall be reported to the local office within ten working
days after the change.
(Source: Amended at 33 Ill.
Reg. 17345, effective December 14, 2009)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.263 REPORTING CHILD ABUSE/NEGLECT
Section 10.263 Reporting
Child Abuse/Neglect
a) As mandated by the Abused and Neglected Child Reporting Act
[22 ILCS], Department field staff are required to immediately report to the
Department of Children and Family Services suspected abuse or neglect [325 ILCS
5/1 et seq.]. A report is to be filed when there is reason to believe a child
may be an abused or neglected child or when information is received that a
child may be an abused or neglected child. Abuse or neglect, as defined by
State law (Section 3 of the Abused and Neglected Child Reporting Act [325 ILCS
5/3]) and the rules and regulations of the Department of Children and Family
Services (89 Ill. Adm. Code 302: Subpart B) is reportable.
b) This reporting requirement applies to all Department staff.
This includes income maintenance and any other staff who suspect that a child,
with whom they have had contact in a working capacity, is an abused or
neglected child.
(Source: Added at 24 Ill. Reg. 7856, effective May 16, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.268 REPORTING ELDER ABUSE/NEGLECT
Section 10.268 Reporting
Elder Abuse/Neglect
a) As mandated by the Elder Abuse and Neglect Act [320 ILCS 20/4],
Department staff, while engaged in carrying out their professional duties, are
required to report the abuse, neglect, financial exploitation, or self-neglect
of any Illinois resident 60 years of age or older who lives in the community
when the older person is unable to self-report. Applicable definitions can be
found in Section 2 of the Elder Abuse and Neglect Act.
b) Elder abuse must be reported, within 24 hours, to the
Department on Aging's Elder Abuse and Neglect Program.
c) This reporting requirement applies to all Department staff who
suspect that an older person, with whom they have had contact in a working capacity,
is an abused elder.
(Source: Amended at 31 Ill.
Reg. 7638, effective May 15, 2007)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.270 NOTICE TO CLIENT
Section 10.270 Notice to
Client
a) Every applicant for assistance shall be sent or given a
written notice of disposition of the application.
b) Every recipient for assistance shall be sent or given a
written notice whenever assistance is reduced or discontinued.
c) Notices denying, reducing, or discontinuing assistance shall
contain the following information:
1) A clear statement of the action being taken.
2) A clear statement of the reason for the action.
3) A reference to the statute, rule, or policy provision under
the authority of which the action is taken. From March 1997 through March
1998, references to provisions of the Department's policy manuals using the
numbering system in use in 1996 shall be deemed to be references to the
corresponding provisions of the new numbering system introduced in 1997.
4) A complete statement of the client's right to appeal (see
subsection (d) below and Sections 10.280 through 10.282).
d) Timely Notice
1) All notices concerning local office reduction or
discontinuance of assistance shall be "timely". A "timely"
notice shall be mailed or given at least ten calendar days prior to the date
the reduction or discontinuance will occur, and shall inform the client that if
the client files an appeal by the date the reduction or discontinuance will
occur, his or her assistance will be continued at its previous level, pending
the results of the appeal unless the client specifically requests that the
assistance benefits not be continued. The notice shall be dated with the date
it is mailed or given. (Day one of the ten-day period is the day following the
date on the notice. Day ten may be no later than the date the reduction or
discontinuance will occur.)
2) Notices sent concerning reduction or discontinuance of
assistance by agency action initiated centrally may be either
"timely" or "adequate", as defined by federal regulation.
When timely notice is not required and an adequate notice is sent less than ten
days before the date of change, the client may receive continued benefits if
the appeal is filed within ten days after the date of notice. (See 89 Ill. Adm.
Code 112.302.)
e) Temporary Assistance for Needy Families
1) Every recipient who makes a written request for a grant
increase or a special authorization shall be sent or given written notice of
the disposition of the request within 45 days after the date of the request.
2) Every recipient who makes a request for Crisis Assistance (89
Ill. Adm. Code 116) shall be sent or given a written notice of the disposition
of the request within 45 days after the date of the request.
f) A notice will be sent that contains the name of, and contact
information for, the caseworker when a case is transferred per Section 10.390
g) Approval of General Assistance as a Result of Cancellation of
TANF or AABD or Reduction of TANF (Applicable Only in City of Chicago)
1) A notice of intended cancellation or reduction of benefits is
sent to a TANF or AABD recipient, in the City of Chicago, whose assistance is
discontinued or a person deleted from the assistance unit (AFDC only) for one
of the following reasons:
A) AABD: no longer blind, disabled.
B) TANF: no longer an eligible child in the home.
2) If a recipient from one of the programs listed in subsection (g)(1)
of this Section applies for General Assistance (GA) within 30 days after the
notice of cancellation or reduction of benefits and if that recipient is
determined to be eligible for GA, such benefits shall be authorized with no gap
in assistance (see also Section 10.430).
h) SNAP households shall be notified:
1) If there is no change in benefits following submission of a
change report form.
2) If SNAP benefits are being reduced or discontinued, the
following additional information shall be included on the notice:
A) the telephone number of the local DHS office;
B) a statement indicating the household's liability for benefits
received while waiting for a fair hearing decision, if the decision is adverse
to the household; and
C) a statement indicating the general availability of outside
individuals or organizations providing free legal representation and the
telephone numbers of those individuals or organizations.
3) A notice of approval shall be sent to eligible households by
the 30th day following the date of application. If the household is
found not eligible to participate, the notice of denial shall be sent by the 30th
day following the date of application.
4) If the local office cannot act on an application by the 30th
day because the case file is incomplete due to a household's delay, a notice of
denial shall be sent on the 30th day. However, the household has an
additional 30 days to complete the application. If the delay is caused by the
local office, a notice of pending status shall be sent to the household by the
30th day.
(Source: Amended at 35 Ill.
Reg. 7670, effective April 29, 2011)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.280 RIGHT TO APPEAL
Section 10.280 Right to
Appeal
a) Any individual who applies for or receives financial assistance,
medical assistance, social services or SNAP benefits shall have the right to
appeal any of the following:
1) Refusal to accept an application or reapplication;
2) Failure to act on an application within the mandated time
period;
3) A decision to deny an application;
4) A decision to reduce, suspend, terminate or in any way change
the amount of assistance/SNAP benefits or manner in which it is provided;
5) Failure to make a decision or take appropriate action on any
request that the client makes;
6) A decision affecting the basis of issuance of SNAP benefits
with which the client disagrees; or
7) An issue of Department policy, if the client is aggrieved by
its application.
b) The appeal may be filed by the client or the client's
authorized representative. The request for a hearing shall be made in writing,
except when seeking review of a decision relating to benefits issued pursuant
to SNAP, which may also be requested orally. The appeal may be submitted via
the Department's online ABE Appeals Portal, via facsimile transmission (fax),
or in person at the Bureau of Hearings or at any Family Community Resource
Center. The appeal process is initiated effective with the date of the
request.
(Source: Amended at 43 Ill. Reg. 6987, effective May 31, 2019)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.281 CONTINUATION OF ASSISTANCE PENDING APPEAL
Section 10.281 Continuation
of Assistance Pending Appeal
a) if an appeal is initiated by the date a reduction or
discontinuance will occur or within ten calendar days after the date of the
adequate notice, assistance shall be continued at the level in effect prior to
the proposed action, pending the results of the fair hearing process, unless
the individual specifically requests that his/her assistance benefits not be
continued. If the date the reduction or discontinuance will occur or the 10th
calendar day is a Saturday, Sunday or a holiday, the client has until the end
of the next work day to file his/her appeal.
b) If a food stamp household files an appeal as the result of
normal expiration of the certification period, or as a result of action taken
on the initial or subsequent application, benefits shall not be continued at
the previous level.
c) If a food stamp household timely appeals a suspension from
program participation for failure to file a Monthly Report by the date the
suspended benefits would have been issued or within ten days from the date of
notice of adverse action, whichever is later (see 89 Ill. Adm. Code 121.91(i)),
and the household admits that it did not submit the Monthly Report, the
household is not entitled to continuation of benefits.
d) If an individual appeals the Department's decision to initiate
a protective payment plan by the date initiation of the plan will occur, the
protective payment plan shall not be initiated pending the results of the fair
hearing process.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.282 TIME LIMIT FOR FILING AN APPEAL
Section 10.282 Time Limit
for Filing an Appeal
a) The right of appeal (except for food stamp cases) must be
exercised within 60 calendar days after the date of the Department's action to
notify the client. All written notifications to clients are to bear the same
date as the date of mailing or delivery. Day one of the 60 day time period
shall be the day following:
1) The date on a written notification of a decision on an
application, reduction, suspension, termination or discontinuance of assistance
and/or food stamp benefits, absent definitive evidence to the contrary that the
notification was mailed (or delivery attempted) on a different date;
2) The date of the Department's notification of denial of a
request or other action that aggrieves the client when that denial or action is
other than an application decision or a decision to reduce, suspend or
terminate assistance.
b) The 60 day time limitation does not apply when the Department
fails to send a required written notification, fails to take action on a
specific request, or denies a request without informing the client.
c) Food stamp clients may request a hearing on any action or loss
of benefits that occurred in the prior 90 days.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.283 EXAMINING DEPARTMENT RECORDS
Section 10.283 Examining
Department Records
At any time during the regular
office hours of the Department, the Department shall permit a client (as
defined at Section 10.120) and/or a client's authorized representative to
examine the client's case records in the presence of a Department employee and
to obtain copies of such case record materials upon payment of a charge for
reproduction.
(Source: Added at 24 Ill. Reg. 7856, effective May 16, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.284 CHILD CARE
Section 10.284 Child Care
a) The Department shall authorize payment of child care expenses,
if needed, to allow a TANF or AABD (not MANG) client (active, pending, denied,
or cancelled case status) to attend an appeal hearing.
b) The appellant must request the payment no later than 30 days
after the hearing.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.290 VOLUNTARY REPAYMENT OF ASSISTANCE
Section 10.290 Voluntary
Repayment of Assistance
a) A recipient or former recipient of assistance may voluntarily
repay all or part of the assistance provided.
b) A responsible relative or other person may, in behalf of a
recipient or former recipient, repay all or part of the assistance provided.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.295 CORRECTION OF UNDERPAYMENTS
Section 10.295 Correction of
Underpayments
When it is determined that a
TANF assistance unit has not received all the assistance to which it is
entitled, the Department shall provide retroactive corrective payments when the
assistance unit is currently active.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.300 RECOVERY OF ASSISTANCE
Section 10.300 Recovery of
Assistance
a) By means of claims against the estates of deceased recipients
and the estates of their deceased spouses and liens against recipients' real
property interests, the Department has a statutory right to recover assistance
provided to or in behalf of recipients according to the terms prescribed in
this Section.
b) The Department shall effect its recoveries by one of the
following actions:
1) Acceptance of an amount, as settlement, equal to the estimated
amount that would be collected if the estate were administered or the lien
foreclosed;
2) Administration of the estate; or
3) Foreclosure of the lien.
c) When the Department has both an estate claim and a real
property lien, collection of the claim and lien shall be by one action.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.310 ESTATE CLAIMS
Section 10.310 Estate Claims
a) The Department's claim against the estate of a deceased
recipient or against the estate of the recipient's deceased spouse, regardless
of the order of death, shall encompass:
1) All income maintenance assistance paid out at any time; and
2) All medical assistance paid out:
A) at any time for a permanently institutionalized recipient whose
real property is subject to the Department's lien; or
B) All medical assistance paid out, except the costs of Community
Care Program (CCP) services, prior to October 1, 1993, for a recipient while 65
years of age or older; or
C) All medical assistance paid out on or after October 1, 1993,
for a recipient while 55 years of age or older; or
D) All medical assistance paid out for Medicare cost sharing
expenses of a Qualified Medicare Beneficiary (QMB).
b) The claim shall apply to assistance provided to or in behalf
of a recipient on or after the following dates:
|
Assistance Program
|
Effective Date
|
|
AABD (Aged) (AABD(A))
|
1963
|
|
AABD (Blind) and (Disabled) (AABD(B) and (D))
|
November 1963
|
|
MANG (Aged), (Blind), and (Disabled) (MANG(A), (B), and
(D))
|
January 1, 1996
|
c) The Department shall not enforce a claim for medical
assistance against any property, real or personal, of a deceased recipient
while one or more of the following relatives survives: spouse of decedent,
child under 21, or child over 21 who is blind or permanently and totally
disabled.
d) The Department shall not enforce a claim for income
maintenance assistance against homestead property of a deceased recipient while
the homestead is occupied by one or more of the surviving relatives previously
specified.
e) To avoid undue hardship, the Department will waive its right
to recover from a decedent's estate to the extent a court approves an award for
a surviving spouse or dependent child under the Illinois Probate Act [755 ILCS
5]. The amount of the recovery waived is equal to the amount of the award or
awards. Individuals seeking to obtain an award must file a petition with the
probate court having jurisdiction over the decedent's estate. The procedure
for providing notice to the survivors of the decedent consists of the filing of
the claim. Any appeal action taken by the survivors would be with the probate
court.
f) The Department may defer or waive enforcement of its claim for
income maintenance assistance if it determines that:
1) The deceased recipient is survived by a dependent spouse and
minor child or children; or
2) Rehabilitative training for employment or other means of
self-support for the surviving spouse or children is feasible, and deferment or
waiver will facilitate achievement of self-support status and prevent or reduce
the likelihood of return to dependency on public assistance of the spouse or
children.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.320 REAL PROPERTY LIENS
Section 10.320 Real Property
Liens
The Department's lien against a
recipient's real property shall encompass:
a) all medical assistance paid out at any time for a permanently
institutionalized recipient, and
b) all income maintenance assistance paid to or on behalf of a
recipient on or after the following dates:
|
Assistance Program
|
Effective Date
|
|
AABD(A)
|
January 1962
|
|
AABD(B) and (D)
|
November 1963
|
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.330 FILING AND RENEWAL OF LIENS
Section 10.330 Filing and
Renewal of Liens
a) The Department shall file a lien against:
1) The homestead property owned by:
A) a recipient of AABD; or
B) a permanently institutionalized recipient of MANG(A), (B) or
(D), except as provided in 89 Ill. Adm. Code 102.235;
2) Any other legal or equitable real property interests,
regardless of value, that the recipient possesses unless the property is
located outside the State of Illinois; and
b) The lien shall be renewed every five years by the Department
until it is satisfied.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.340 FORECLOSURE OF LIENS
Section 10.340 Foreclosure
of Liens
a) The Department may enforce a lien by foreclosure:
1) At any time when there is a transfer of a recipient's real
property subject to the lien;
2) In case of fraud; or
3) At the time of the recipient's death.
b) The Department shall defer foreclosure of a lien on homestead
property, except in case of fraud, if:
1) the property is occupied by the recipient or the recipient's
surviving spouse, child under 21, or child over 21 who is blind or permanently
and totally disabled; or
2) in the case of a permanently institutionalized recipient:
A) a sibling of the recipient has resided continuously in the
property since at least one year immediately before the date the recipient was
admitted to the institution; or
B) a child of the recipient who has resided continuously in the
property since at least two years immediately before the date the recipient was
admitted to the institution establishes that he or she provided care for at
least two years before admission that enabled the recipient to live at home
rather than in an institution.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.350 RELEASE OF LIENS
Section 10.350 Release of
Liens
a) The Department shall release a lien when:
1) The Department receives full repayment of the assistance
granted subject to the lien;
2) A bond is filed, with a surety or sureties acceptable to the
Department, that guarantees payment of the amount of the lien;
3) The lien was filed in error; or
4) A MANG(A), (B) or (D) recipient has been medically discharged
from an institution and returns to his or her home on which the Department
holds a lien.
b) The Department may also release a lien when:
1) It receives the value of the property to which the lien
attaches, but its claim for any balance due on the lien is reserved against any
of the recipient's subsequently discovered assets;
2) The recipient has a dependent spouse and minor children; or
3) Rehabilitative training for employment or other means of
self-support is feasible where release of the lien would facilitate achievement
of self-support status and prevent or reduce the likelihood of a return to
dependency on public assistance.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.360 PERSONAL INJURY CLAIMS
Section 10.360 Personal
Injury Claims
a) Clients who suffer a personal injury and have a potential for
recovery of damages as a result of the type or severity of the injury must
report such injuries to the Department and take action to collect any damages
that may be due.
b) The Department shall collect payment from personal injury
settlements paid in behalf of clients. The Department shall not collect
payment from claims covered by the Workers' Compensation Act [820 ILCS 305],
the Workers' Occupational Diseases Act [820 ILCS 310] or the Wrongful Death Act
[740 ILCS 180].
c) The Department shall have a charge equal to the total cost of
medical assistance provided to an injured individual from the date of the
injury to the date of recovery of damages.
d) If an employable individual receives assistance for himself
and/or dependents, the Department's charge shall also include the total cost of
cash and medical assistance issued as a result of the injury that was provided
for the individual and his dependents from the date of injury to the date of
recovery of damages. The Department's charge is for assistance provided for
the injured recipient and his dependents even if all persons are not included
in a single assistance unit.
e) Payment received by a client as damages for a personal injury
shall be considered nonexempt unearned income after payment of the following
expenses:
1) necessary costs of litigation or settlement;
2) the Department's charge;
3) medical costs resulting from the injury and paid by the
client; and
4) expenses to repair or replace personal property that was
damaged as result of the injury.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.370 CONVICTIONS OF FRAUD ELIGIBILITY
Section 10.370 Convictions
of Fraud – Eligibility
a) Multiple Convictions
Any person who has been found guilty of a criminal violation
of Article VIIIA of the Illinois Public Aid Code [305 ILCS 5/Art. VIIIA] or of
any law of the United States or another state that is substantially similar to
Sections 8A-2 through 8A-5 of Article VIIIA, two or more times, shall be
ineligible for assistance under the GA program (in the City of Chicago) or the
State AABD program. Children for whom such a person is a caretaker relative
shall remain eligible for assistance under this Code.
b) Single Convictions of $10,000 or More
Any person who has been found guilty of a criminal violation
of Article VIIIA of the Illinois Public Aid Code [305 ILCS 5/Art. VIIIA], who
has not previously been convicted of a criminal violation of Article VIIIA and
has amassed $10,000 or more in such criminal violation, shall be ineligible for
assistance under the GA program (in the City of Chicago) or the State AABD
program for a period of two years following conviction or until the total
amount of money, including the value of food stamps, is repaid, whichever first
occurs. Children for whom such a person is a caretaker relative shall remain
eligible for assistance.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.380 SINGLE CONVICTION OF FRAUD ADMINISTRATIVE REVIEW BOARD
Section 10.380 Single
Conviction of Fraud – Administrative Review Board
Except as provided in Section
10.370, any person who has been found guilty of a criminal violation of Article
VIIIA of the Illinois Public Aid Code [305 ILCS 5/Art. VIIIA] or of any law of
the United States or of any state that is substantially similar to Sections
8A-2 through 8A-5 for violations related to public assistance programs and who
has not previously been convicted for a criminal violation of Article VIIIA or
of any law of the United States or of any state that is substantially similar
to Sections 8A-2 through 8A-5 for violations related to public assistance
programs shall be subject to the provisions of this Section upon filing a
subsequent application for public assistance under TANF, AABD, Refugee
Assistance, or the GA program (in the City of Chicago).
a) The application will be reviewed by an Administrative Review
Board (ARB) prior to approval or disapproval. The ARB shall consist of the
Local Office Administrator of the local office where the application is made
and a representative of the Zone Office, appointed by the Zone Office
Administrator.
b) The review by the ARB shall be for the purpose of determining
the person's eligibility for assistance and to determine whether any additional
administrative safeguards are required to prevent any future violations of
Article VIIIA.
c) The review shall be informal. The applicant will be notified,
in writing, of the review at least five days in advance. The review will be
held in the county where the applicant resides. The applicant may attend the
review and may bring other persons to the review to speak on his or her behalf,
including an attorney, relatives or friends. The review shall be open to the
public, unless the applicant and the ARB determine otherwise. The review shall
be held within such a time as not to delay the decision on the application
beyond the time allowed under State and Federal law and regulations (see
Section 10.420).
d) If the ARB determines the applicant is not eligible for public
assistance, based on applicable eligibility factors of the program or programs
for which the applicant is applying, the applicant will be notified in the same
manner as other applicants. The applicant shall be entitled to appeal any
decision of denial. The grounds for appeal and appeal procedure to be followed
are found at 89 Ill. Adm. Code 10 and 14.
e) If the ARB determines the applicant is eligible for public
assistance, the ARB shall also determine what administrative safeguards, if
any, are required to ensure that the person does not commit further violations
of Article VIIIA. Such safeguards shall be based on the individual factors of
each case and may include, but are not limited to, more frequent home visits,
more frequent reports regarding financial or other factors, appointment of a
substitute payee, or any other actions that are permitted by State and Federal
law and regulations.
f) The applicant will be notified, in writing, of the decision of
the ARB and an explanation of the administrative safeguards required in his or
her case. The applicant shall be entitled to appeal any decision of the ARB.
g) The ARB shall review the necessity for any administrative
safeguard every six months. At the review, the necessity to continue or
reverse the administrative safeguards will be determined.
(Source: Amended at 29 Ill.
Reg. 8148, effective May 18, 2005)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.390 REQUEST FOR CASE TRANSFER
Section 10.390 Request for Case Transfer
a) Once
an applicant is determined eligible for assistance, he or she has a right to
request to have the case transferred to another local office for his or her
convenience, based upon one of the following factors:
1) the
location of his or her employer;
2) the
location of his or her child care provider;
3) access
to reliable transportation; or
4) the
location of a social service provider that he or she sees on a regular basis.
b) Within
five business days after the request for transfer, the local office will transfer
the case, assign a caseworker, make appropriate entries in the computer system,
and issue a written notice to the recipient per Section 10.270.
c) The
location of the case may be reconsidered, based upon the criteria in this
Section, per the recipient's request or at the time of redetermination of
eligibility.
(Source: Added at 35 Ill.
Reg. 7670, effective April 29, 2011)
SUBPART C: APPLICATION PROCESS
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.410 APPLICATION FOR ASSISTANCE
Section 10.410 Application
for Assistance
a) An application is a request for cash, medical or SNAP
assistance on a Department of Human Services (Department) form or a DHS web
application submitted electronically that has been completed to the best of the
client's knowledge and ability.
b) The application must contain a name, address, and signature
(or signatures).
1) The
Department's application for assistance captures the electronic signature on a
secure directory and places the electronic signature into a secure database.
2) An
electronic signature may be made by an applicant who checks a box and types his
or her name; by an applicant who telephonically records his or her voice,
constituting a telephonic signature; by an applicant who verbally assents by
telephone, constituting a telephonic signature; or by any other symbol that is
executed or adopted, using electronic means, by the applicant with the intent to
authenticate the record. The option for an applicant to verbally assent by
telephone, constituting a telephonic signature, will end upon the expiration of
the COVID-19 Gubernatorial Disaster Proclamations or the expiration of the
federal waiver permitting that option, whichever occurs first.
3) The
application, which includes the electronic signature, is sent to a secure
database with auditing capabilities that track the user when the application is
modified to ensure the integrity, security and confidentiality of the
electronic signature. This requirement does not apply to applications to which
an applicant verbally assents by telephone.
c) If
the application does not contain a name, address, and signature (or
signatures), the local office shall return the application to the sender to
obtain the missing information.
1) If a person is homeless, he or she may use the address of a
friend or relative, supervised shelter, church, halfway house, or similar
facility.
2) If a person is homeless and does not have a permanent address,
he or she may use the address of the local office where he or she applied or where
his or her case is currently active.
d) The application must be signed by the applicant with the
following exceptions:
1) When a conservator has been appointed for the applicant, the
conservator must sign the application.
2) When the applicant is physically or mentally unable to sign
the application, the application may be signed by someone acting responsibly on
behalf of the applicant.
3) When application is made on behalf of a child, the child's
caretaker must sign the application.
4) When the applicant has appointed an authorized representative
with the Department. (An authorized representative is a person authorized by
the applicant to act on his or her behalf.)
e) Application for medical assistance may be made on behalf of a
deceased person. In order for payment to be made by the Department for the
funeral and burial expenses of the decedent, the completed application must be
received in the local office not more than 30 calendar days after the
individual's death, excluding the day on which death occurred, unless delay in
receipt of the form occurred through no fault of the individual applying.
f) The applicant may be assisted by the Department and by
individuals of the applicant's choice in completing the application.
g) The date of application shall be the date a completed application
is received by any local office, with the following exceptions:
1) For applications completed by pregnant women and children
under age 18 at a disproportionate share hospital or federally-qualified health
center, the date the application is signed by the applicant shall be the date
of application.
2) When an application is faxed to a local office or a web
application is submitted and received over the Internet after 5:00 P.M. on a
workday, or on a weekend or holiday, the application date is the next workday
following the date the application is received in the local office.
(Source: Amended at 44 Ill.
Reg. 18345, effective October 29, 2020)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.415 LOCAL OFFICE ACTION ON APPLICATION FOR PUBLIC ASSISTANCE
Section 10.415 Local Office
Action on Application for Public Assistance
Upon a person's making
application for public assistance at a local office, the local office shall
consider that person's eligibility for all forms of public assistance according
to the appropriate eligibility rules for assistance programs, unless the person
has indicated in writing that he or she does not want to apply for certain
programs. A signed application form on which the person indicates the program
or programs for which he or she does or does not want to apply constitutes the
person's written statement. The words "public assistance" constitute
the assistance provided by the Department or DPA as specified in Articles III,
IV, V, and VI of the Public Aid Code, namely Aid to the Aged, Blind and
Disabled, Temporary Assistance for Needy Families, Refugee Assistance program,
the Department of Public Aid's Medical Programs and General Assistance (where
administered by the Department). Upon a person's making application for public
assistance at a local office, the local office shall also consider that person's
eligibility for the United States Department of Agriculture's Food Stamp
Program (unless the applicant has indicated in writing that he or she does not
want food stamps) and for such other programs as the Department may from time
to time be administering pursuant to the laws and regulations of the State and
Federal government. A signed application form on which the person indicates
whether he or she wants to apply for food stamps or any other programs that the
Department may offer at any given time constitutes the person's written
statement.
(Source: Amended at 25 Ill. Reg. 7170, effective May 24, 2001)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.420 TIME LIMITATIONS ON THE DISPOSITION OF AN APPLICATION
Section 10.420 Time
Limitations on the Disposition of an Application
a) Within 10 days after a decision is made on an application, the
Department shall inform the applicant in writing of the decision. This notice
shall contain a decision on each of the following programs for which the
recipient may be eligible based on information contained on the application:
TANF, Medical Assistance, AABD and SNAP benefits. No decision shall be
required for any assistance program for which the applicant has expressly
declined in writing to apply.
b) The Department shall send a notification of its determination
within the following time periods, calculated from the date of application:
1) Aid to the Aged, Blind or Disabled (Aged)/((AABD)(A)) and
related Medical Assistance-No Grant (MANG) – 45 calendar days
2) Aid to the Aged, Blind or Disabled (Blind)/((AABD)(B)) and
related MANG – 45 calendar days
3) Aid to the Aged, Blind or Disabled (Disabled)/((AABD)(D)) and
related MANG – 60 calendar days
4) Temporary Assistance for Needy Families (TANF) and related
MANG – 45 calendar days
c) The time limitation for determining eligibility for TANF may
be extended 45 calendar days when a decision cannot be reached because
information necessary for a determination is available only from third parties
and those parties fail to respond or delay their response to a request for the
information.
d) The Department shall make a decision on an application for
social services within 30 days after the date of application and shall inform
the applicant in writing of its decision within l5 days after the decision.
(Source: Amended at 37 Ill.
Reg. 3402, effective March 8, 2013)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.430 APPROVAL OF AN APPLICATION AND INITIAL AUTHORIZATION OF FINANCIAL ASSISTANCE
Section 10.430 Approval of
an Application and Initial Authorization of Financial Assistance
a) Financial assistance for Aid to the Aged, Blind or Disabled
and Temporary Assistance for Needy Families shall be authorized effective 30
days after the date of application, provided the case is eligible on that date.
Exception: Financial assistance for an AABD client residing
in a sheltered care facility shall be authorized effective the date of application,
or the date of entry into the sheltered care facility, whichever is later.
b) If the applicant is determined eligible for financial
assistance, the notice (see Section 10.420) shall state the amount of financial
assistance to be provided, and a statement of the reasons for any partial grant
amounts. Partial grant amount is defined as the maximum grant that a family
unit for whom application for public assistance was filed is eligible to
receive, less any reductions resulting from the consideration.
(Source: Amended at 37 Ill.
Reg. 3402, effective March 8, 2013)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.438 GENERAL ASSISTANCE APPROVAL PROVISIONS (REPEALED)
Section 10.438 General
Assistance Approval Provisions (Repealed)
(Source: Repealed at 37 Ill.
Reg. 1865, effective February 4, 2013)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10
GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.440 DENIAL OF AN APPLICATION
Section 10.440 Denial of an
Application
a) An application for public assistance shall be denied if it is
established that the applicant does not meet one or more of the eligibility
requirements or if the applicant chooses to withdraw the application.
b) If the applicant is determined ineligible for public
assistance, the notice (see Section 10.420) shall include the reason why the
applicant is ineligible.
c) If eligibility cannot be conclusively determined because of
the applicant's unwillingness to cooperate in providing essential information or
refusal to consent to verification by the local office, or the applicant has
not provided sufficient information for a determination of eligibility, the
application shall be denied.
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