Section 103.1  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.

 

(Source:  Amended at 26 Ill. Reg. ______, effective ____________)

 

Section 103.10  Support from Responsible Relatives

 

a)         The Department shall seek to obtain support for recipients from legally responsible individuals and shall seek the enforcement of support obligations with the following exception:  the Department shall not seek to obtain support for residents of long term care facilities if income of the spouse in the community is less than or equal to the Community Spouse Maintenance Needs Standard (as described at 89 Ill. Adm. Code 120.61).

 

b)         The following persons are "responsible relatives" who are legally responsible for the financial support and maintenance of recipients:

 

1)         Spouse for spouse.

 

2)         Parents for children under 18 years of age.

 

c)         Responsible relatives who are receiving public assistance and/or Supplemental Security Income (SSI) benefits shall be considered unable to support.

 

d)         A parent is not legally responsible for the financial support and maintenance of a child of any age who has married (regardless of current marital status) and is not living with the parent or parents.

 

(Source:  Amended at 22 Ill. Reg. 16318, effective August 28, 1998)

 

Section 103.20  Determination Of Ability To Support

 

a)         Responsible relatives living apart from the recipient/assistance unit.

 

1)         For responsible relatives living apart from the recipient/assistance unit:

A responsible relative is liable for all assistance provided to or in behalf of the recipient, unless the relative establishes a lesser ability to support by providing the Department with income and asset information from which it can determine the relative's ability to support.  However, the monthly support obligation assessed a responsible relative determined able to pay shall not exceed the average monthly amount of assistance provided by the Department to or in behalf of the recipient.

 

2)         Except in Title IV-D cases where the guidelines set out in 89 Ill. Adm. Code 160.60(c) shall apply, the Department shall apply Table A to the gross income figure contained on the relative's most recent Federal Income Tax return to determine the relative's ability to support.  The relative must submit a copy of his/her most recent Federal Income Tax return for this determination or remain liable for all assistance provided to or in behalf of the recipient.  If the responsible relative has filed a joint tax return with a non-responsible relative, only such income which is attributable to the responsible relative will be considered.

 

b)         Responsible relatives living apart or with the recipient/assistant unit.

 

1)         For responsible relatives living with the recipient/assistance unit:  The Department shall determine a responsible relative's ability to support dependents according to the standards and asset limitation indicated below:

 

A)        Aid to the Aged, Blind or Disabled (AABD)

The Department shall use AABD financial assistance standard and the appropriate asset limitations, as set out in 89 Ill. Adm. Code 111.10 through 111.110 and 113.140, to determine the relative's ability to support.

 

B)        Medical Assistance – No Grant (AABD) – (MANG-AABD)

The Department shall use the MANG (AABD) assistance standard and the appropriate asset limitations, as set out in 89 Ill. Adm. Code 120.7 and 120.362, to determine the relative's ability to support.

 

C)        Aid to Families with Dependent Children (AFDC)

Except in Title IV-D cases where the guidelines set out in 89 Ill. Adm. Code 160.60(c) shall apply, the Department shall apply Table A to the gross income of the parents of persons receiving AFDC age 18 through 20.  The gross income figure is that contained on the relative's most recent Federal Income Tax return to determine the relative's ability to support.  The relative must submit a copy of his/her most recent Federal Income Tax return for this determination or remain liable for all assistance provided to or in behalf of the recipient.  If the responsible relative has filed a joint tax return with a non-responsible relative, only such income which is attributable to the responsible relative will be considered.

 

D)        MANG(C)

The Department shall use the MANG standard and the appropriate asset limitations, as set out in 89 Ill. Adm. Code 111.10 through 111.110 and 120.8, to determine the relative's ability to support.

 

E)        General Assistance (GA) (City of Chicago Only)

The Department shall use the family or adult payment level, as set out in 89 Ill. Adm. Code 111.10 through 111.110 and 114.250, to determine the relative's ability to support.

F)         Aid to the Medically Indigent (AMI)

 

The Department shall use the AMI standard, as set out in 89 Ill. Adm. Code 111.10 through 111.110 and 120.10, to determine the relative's ability to support.

 

2)         Responsible relative living apart from the recipient/assistance unit:

The Department shall apply Table A to the gross income figure contained on the relative's most recent Federal Income Tax return to determine the relative's ability to support.  The relative must submit a copy of his/her most recent Federal Income Tax return for this determination or remain liable for all assistance provided to or in behalf of the recipient.  If the responsible relative has filed a joint tax return with a non-responsible relative, only such income which is attributable to the responsible relative will be considered.

 

c)         Determine if a hospitalized/institutionalized individual is "living with" a responsible relative.

 

1)         Aid to the Aged, Blind or Disabled (MANG and MAG) consider the client as living apart from a responsible relative for any month the client is hospitalized or institutionalized the first day of the calendar month through the last day of the calendar month.  If an infant is hospitalized from birth through the end of the calendar month the client is considered hospitalized for the entire month.  If a client is in a hospital/institution on the first day of the calendar month but dies prior to the end of the calendar month consider the individual living apart from the responsible relative(s).

 

2)         Aid to the Aged, Blind or Disabled (MANG) considers hospitalized or institutionalized spouses as living together as a couple if treating them as a couple is to their advantage in determining eligibility.

 

3)         Aid to Families with Dependent Children (MAG) and MANG consider a hospitalized individual as living with the responsible relative if under the relative's control and supervision regardless of the length of hospitalization.

 

(Source:  Amended at 26 Ill. Reg. ______, effective ____________)

 

Section 103.25  Establishment of Support Obligations

 

Except in Title IV-D cases where support obligations shall be established in accordance with 89 Illinois Administrative Code 160.60, the Department shall establish a responsible relative's obligation to support in the following manner:

 

a)         A notice of obligation to support, a return envelope, and a statement of the responsible relative's rights and responsibilities are sent to the responsible relative via certified mail, return receipt requested.

 

1)         If the responsible relative does not respond to the notice within thirty days, the Department will issue a subpoena for records.

 

2)         If the responsible relative submits the necessary income records within thirty days, the Department determines the responsible relative's ability to support in accordance with Section 103.20.

 

b)         If the determination indicates there is no obligation, the case is closed.

 

c)         If the determination indicates there is an obligation to support, determination is made as to the amount of the obligation.

 

d)         If a support obligation exists, the Department sends a notice of support due to the responsible relative via registered or certified mail directing payment of the obligation.

 

e)         If the responsible relative fails to pay within thirty days of issuance of the notice of support due, the Department sends an Administrative Support Order via registered or certified mail.  The responsible relative is notified of his or her right to petition for release from or modification of the Administrative Support Order within 30 days of the date of its mailing.

 

(Source:  Amended at 26 Ill. Reg. ______, effective ____________)

 

Section 103.30  Redetermination Of Ability To Support

 

The Department will redetermine and, when indicated, adjust the amount of a support obligation on the basis of Table A if:

 

a)         The relative has sustained a significant reduction in income since the support obligation was determined, or

 

b)         There has been an increase in the number of the relative's dependents.

 

(Source:  Amended at 26 Ill. Reg. ______, effective ____________)

 

Section 103.35  Enforcement of Administrative Support Orders

 

If the legally responsible relative has failed for ninety (90) days after the effective date of the support order to make regular support payments according to the support order and a balance due is outstanding, the Department may take any or all of the following actions to collect the past due support:

 

a)         Referral to the Department's legal representative for judicial enforcement of the Administrative Support Order.

 

b)         Referral to the Comptroller of the State of Illinois for collection under Section 10.05 of the State Comptroller Act  (Ill. Rev. Stat. 1991, ch. 15, par. 210.05).

 

c)         Referral to a private collection agency for collection.

 

(Source:  Amended at 26 Ill. Reg. ______, effective ____________)

 

Section 103.40  Failure or Refusal to Provide Information Regarding Ability to Support

 

A responsible relative who refuses or fails upon request to provide the Department with income or assets information necessary to make a determination of ability to support shall remain liable for all assistance provided to or in behalf of the recipient.

 

(Source:  Amended at 26 Ill. Reg. ______, effective ____________)

 

Section 103.50  Modification Or Release From Support Order

 

The responsible relative has the right to petition for modification of or release from the Department's order requiring the relative to provide support.  The petition must be filed in writing with the Department no later than 30 days from the date of mailing of the support order.

 

(Source:  Amended at 26 Ill. Reg. ______, effective ____________)

Section 103.TABLE A   Standard For Determining Responsible Relative Liability

 

Responsible Relative Liability
					Number in Family (including recipient)
*Gross Annual Income Range					2				3			4		5		6		7 or more
$	7,000	$		7,500		$	5
	7,501		8,000			10
	8,001		8,500			15
	8,501		9,000			20				$	5
	9,001		9,500			25				10
	9,501		10,000			30				15
	10,001		10,500			35				20		$	5
	10,501		11,000			40				25		10
	11,001		11,500			45				30		15
	11,501		12,000			50				35		20		$	5
	12,001		12,500			55				40		25		10
	12,501		13,000			60				45		30		15
	13,001		13,500			65				50		35		20		$	5
	13,501		14,000			70				55		40		25		10
	14,001		14,500			75				60		45		30		15
	14,501		15,000			80				65		50		35		20			$	5
	15,001		15,500			85				70		55		40		25			10
	15,501		16,000			90				75		60		45		30			15
	16,001		16,500			95				80		65		50		35			20
	16,501		17,000			100				85		70		55		40			25
	17,001		17,500			105				90		75		60		45			30
	17,501		18,000			110				95		80		65		50			35
	18,001		18,500			115				100		85		70		55			40
	18,501		19,000			120				105		90		75		60			45
	19,001		19,500			125				110		95		80		65			50
	19,501		20,000			130				115		100		85		70			55
	20,001		20,500			135				120		105		90		75			60
	20,501		21,000			140				125		110		95		80			65
	21,001		21,500			145				130		115		100		85			70
	21,501		22,000			150				135		120		105		90			75
	22,001		22,500			155				140		125		110		95			80
	22,501		23,000			160				145		130		115		100			85
	23,001		23,500			165				150		135		120		105			90
	23,501		24,000			170				155		140		125		110			95
	24,001		24,500			175				160		145		130		115			100
	24,501		25,000			180				165		150		135		120			105
	25,001		25,500			185				170		155		140		125			110

 

Responsible Relative Liability
					Number in Family (including recipient)
*Gross Annual Income Range					2		3	4	5	6	7 or more
	25,501		26,000	190		175		160	145	130	115
	26,001		26,500	195		180		165	150	135	120
	26,501		27,000	200		185		170	155	140	125
	27,001		27,500	205		190		175	160	145	130
	27,501		28,000	210		195		180	165	150	135
	28,001		28,500	215		200		185	170	155	140
	28,501		29,000	220		205		190	175	160	145
	29,001		29,500	225		210		195	180	165	150
	29,501		30,000	230		215		200	185	170	155
	30,001		30,500	235		220		205	190	175	160
	30,501		31,000	240		225		210	195	180	165
	31,001		31,500	245		230		215	200	185	170
	31,501		32,000	250		235		220	205	190	175
	32,001		32,500	255		240		225	210	195	180
	32,501		33,000	260		245		230	215	200	185
	33,001		33,500	265		250		235	220	205	190
	33,501		34,000	270		255		240	225	210	195
	35,001		34,500	275		260		245	230	215	200
	34,501		35,000	280		265		250	235	220	205
	35,001		35,500	285		270		255	240	225	210
	35,501		36,000	290		275		260	245	230	215
	36,001		36,500	295		280		265	250	235	220
	36,501		37,000	300		285		270	255	240	225
	37,001		37,500	305		290		275	260	245	230
	37,501		38,000	310		295		280	265	250	235
	38,001		38,500	315		300		285	270	255	240
	38,501		39,000	320		305		290	275	260	245
	39,001		39,500	325		310		295	280	265	250
	39,501		40,000	330		315		300	285	270	255
	40,001		40,500	335		320		305	290	275	260
	40,501		41,000	340		325		310	295	280	265
	41,001		41,500	345		330		315	300	285	270
	41,501		42,000	350		335		320	305	290	275
	42,001		42,500	355		340		325	310	295	280
	42,501		43,000	360		345		330	315	300	285
	43,001		43,500	365		350		335	320	305	290
	43,501		44,000	370		355		340	325	310	295
	44,001		44,500	375		360		345	330	315	300
	44,501		45,000	380		365		350	335	320	305

 

Responsible Relative Liability
					Number in Family (including recipient)
*Gross Annual Income Range					2			3		4	5	6		7 or more
	45,001			45,500		385	370		355		340	325	310
	45,501			46,000		390	375		360		345	330	315
	46,001			46,500		395	380		365		350	335	320
	46,501			47,000		400	385		370		355	340	325
	47,001			47,500		405	390		375		360	345	330
	47,501			48,000		410	395		380		365	350	335
	48,001			48,500		415	400		385		370	355	340
	48,501			49,000		420	405		390		375	360	345
	49,001			49,500		425	410		395		380	365	350
	49,501			50,000		430	415		400		385	370	355
		50,001 & over (continues at $5.00 increments)
Gross Annual Income Range over $50,001 (continues at $500.00 increments)
*Based on gross annual income as reflected on the responsible relative’s Federal Income Tax Return.
** More than 7 in family (continues at $5.00 increments)

 

(Source: Section repealed, new Section adopted at 11 Ill. Reg 6493, effective March 27, 1987)