Section 112.1  Description of the Assistance Program and Time Limit

 

a)         The program provides temporary assistance for needy families.  Clients are limited to 60 months of benefits as an adult.  This is a lifetime limit and includes cash benefits received both in Illinois and other states.  All parents or caretakers must engage in work activities when determined able to work.

 

b)         Months in which the family has reported weekly hours of employment equal to or greater than the State TANF Work Requirement will not count toward the 60-month limit. The State TANF Work Requirement is as follows:

 

1)         For Category 06 (two parent) cases − 35 hours per week;

 

2)         For Category 04 cases whose youngest child is age six or older − 30 hours per week;

 

3)         For Category 04 cases whose youngest child is under age six − 20 hours per week.

 

c)         Months in which a family head is a teen parent under age 18 will not count toward the 60-month limit.

 

d)         Months in which a person meets the criteria listed in Section 112.2 will not count toward that person's 60-month limit.

 

e)         Months in which a person cares for a severely disabled child approved for a waiver under the Home & Community Based Services Waivers for Medically Fragile, Technology Dependent, Disabled Persons Under Age 21 programs (89 Ill. Adm. Code 140.645) will not count toward the 60-month limit.

 

f)         Months in which the only adult in the assistance unit is the primary caregiver for a child under age 18 with physical or mental health problems, or in which one adult in the assistance unit is the primary caregiver for his or her spouse who has physical or mental health problems, and the demands of caregiving do not allow the caregiver to obtain or retain employment that would satisfy subsection (b) of this Section, will not count toward the 60-month limit.  The physical or mental health problems of the child or spouse must be verified with a physician's statement and will be reviewed by the Department.  The Department shall also verify that the care being provided does not allow the caregiver to obtain or retain employment that would satisfy subsection (b) of this Section.

 

g)         Months in which a person is granted a waiver under Section 112.6(i) due to domestic or sexual violence issues will not count toward that person's 60-month limit.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.2  Time Limit on Receipt of Benefits for Clients Enrolled in Post-Secondary Education

 

a)         Months in which the caretaker relative in a Category 04 case is enrolled in Post-Secondary Education that meets the criteria listed in this Section will not count toward the 60-month limit on the receipt of benefits under the Temporary Assistance for Needy Families (TANF) program set out in Section 112.1 regardless of the number of hours the client works.

 

b)         In order for a month to not count towards the 60-month limit, the client's educational program must meet the following criteria:

 

1)         The program must be considered Post-Secondary Education working toward a degree in an accredited institution and must be approved under Section 112.78(h).

 

2)         The client must be in the program full-time, as defined by the institution.

 

3)         The client must be attending the program during that particular month. For example, if a client attends school from September through May and then returns to school the next September, the months of June through August will count toward the 60 month limit.

 

4)         The client must be maintaining at least a 2.5 grade point average (on a 4.0 scale).  Under this requirement, a client may not take advantage of this Section until the client has attended the school for a sufficient time to receive a grade point average (e.g., for at least a semester).  If a client's grade point average falls below 2.5 at any time, the following months will then count towards the 60-month limit.  Once a client's grade point average is again at least 2.5, the client may once again take advantage of this Section.

 

c)         A client may take advantage of this Section for no more than a total of 36 months.

 

(Source:  Added at 23 Ill. Reg. 7091, effective June 4, 1999)

 

Section 112.3  Receipt of Cash Benefits Beyond the 60-Month Lifetime Limit

 

a)         An exception to the 60-month lifetime limit on the receipt of TANF cash benefits (89 Ill. Adm. Code 112.1) may be granted in accordance with this Section.  The client must request an exception in writing.  A notice will be mailed to the client when the client has received 57 months of TANF cash benefits.  The notice will inform the client of the projected month in which the limit will be reached, the reasons an exception may be granted and the procedure for requesting an exception.  A  form to request an exception will be included with the notice.

 

b)         The reasons the Department will grant an exception  are:

 

1)         The client has an application for Supplemental Security Income (SSI) pending at the Social Security Administration and the Department determines the client is probably eligible for SSI.  If the client is in the appeal stage of the SSI application, there must be legal or advocacy representation, unless the client can show legal representation is unavailable.

 

2)         The Department determines that the client has a medical barrier that prevents the client from obtaining or retaining employment of at least 30 hours per week.

 

3)         The client is in an approved education and training program that will be completed in six months or less after the client's 60^th month.

 

4)         The client is in an intensive service program to help overcome a barrier to work, including but not limited to programs under mental health, substance abuse, vocational rehabilitation, domestic or sexual violence, homeless services and involvement with the Department of Children and Family Services.  An exception to the 60-month limit will be granted for this reason only if the client's involvement in the program precludes the ability to obtain or retain employment of at least 30 hours per week.

 

5)         The client has a severely disabled child approved for a waiver under the Home & Community Based Care Program (89 Ill. Adm. Code 140.645).

 

6)         The client is the only adult in the assistance unit and is the primary caregiver for a child under age 18 with a physical or mental health problems, or is the primary caregiver for his or her spouse who has a physical or mental health problems and the demands of caregiving do not allow the caregiver to obtain or retain employment that would satisfy Section 112.1(b).

 

c)         The client shall be notified in writing of the decision on the request for an exception and shall have the right to appeal that decision (89 Ill. Adm. Code 14).

 

d)         A client may file a written request for an exception at any time; however, requests filed prior to the 57^th month of receipt of TANF cash benefits will not be considered.  If a client files a written request for an exception within 10 work days after the date the client would have received TANF cash benefits for the 61^st month, and is found eligible under this Section, there will be no loss of benefits. If the request is received after the 10^th work day the client would have received TANF cash benefits for the 61^st month, the request will be considered as a new application for TANF cash benefits, cash assistance will begin in accordance with 89 Ill. Adm. Code 10.430 and the client must meet all TANF eligibility factors, as well as the eligibility factors in this Section.

 

e)         The Department shall periodically review each case to determine whether the client remains eligible for an exception.  The client will have to meet all eligibility factors for TANF cash benefits, as well as all eligibility factors in this Section. When it is determined that a client is no longer eligible for an exception, the client will be notified and will be given an additional three months of eligibility for TANF cash assistance while the client seeks employment.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.5  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:  Added at 13 Ill. Reg. 6017, effective April 14, 1989)

 

Section 112.6  The Family Violence Option

 

a)         In recognition of the reality of domestic or sexual violence for many individuals and families who may need assistance under the Illinois Public Aid Code, the State of Illinois adopts section 602(a)(7) of the Social Security Act (42 USC 602(a)(7)), and the implementing federal regulations at 45 CFR 260.50 et seq. (2008). It is the policy of the State of Illinois and the practice of the Illinois Department of Human Services that:

 

1)         no individual or family should be forced to remain in a violent living situation or place themselves or others at risk in order to attain or retain assistance; and

 

2)         no individual or family should be unfairly penalized because past or present domestic or sexual violence or the risk of domestic or sexual violence causes them to fail to comply with requirements for assistance.

 

b)         Definitions

 

1)         "Domestic or sexual violence" means domestic violence, sexual assault or stalking.  Sexual assault means any conduct proscribed by Sections 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 [720 ILCS 5/12-13, 12-14, 12-14.1, 12-15 and 12-16].  Domestic or sexual violence may occur through electronic communication.  [305 ILCS 5/2-18] It includes:

 

A)        physical acts that result in or threaten to result in physical injury;

 

B)        sexual abuse;

 

C)        sexual activity involving a dependent child;

 

D)        being forced to participate in nonconsensual sexual acts or activities;

 

E)        threats of, or attempts at, physical or sexual abuse;

 

F)         mental abuse;

 

G)        neglect or deprivation of medical care; or

 

H)        domestic violence as defined in the Illinois Domestic Violence Act [750 ILCS 60/103(3)].

 

2)         "Assistance" is as defined at 45 CFR 260.31.

 

3)         "Victim", "victims", "survivor" and "survivors" mean a person or persons alleging to have been subjected to domestic or sexual violence or abuse.

 

4)         "Written informed consent" means a written agreement allowing the Department to release information executed by the victim of domestic or sexual violence or, where the victim is a minor, by the victim's caretaker relative whose interests are not adverse to the minor, or by the legally authorized representative without undue inducement or any element of force, fraud, deceit, duress or other form of constraint or coercion.  Any written informed consent form used by the Department shall provide at least the following:

 

A)        an explanation of the Department's confidentiality policies and procedures, including the voluntary nature of the consent and the right to withdraw consent at any time;

 

B)        identification of the specific information to be released, the name of the person to whom the information is to be released and the agency or other governmental department or any other public or private entity to whom the information will be released;

 

C)        the purpose and potential uses of the information; and

 

D)        the specific dates the written informed consent is valid.

 

5)         "TANF" means the Temporary Assistance for Needy Families program.

 

6)         "Stalking" means any conduct proscribed by Sections 12-7.3, 12-7.4 and 12-7.5 of the Criminal Code of 1961  [720 ILCS 5].

 

7)         "Electronic communication" includes communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, pager, or any other "electronic communication" as defined in Section 12-7.5 of the Criminal Code of 1961.  [305 ILCS 5/2-18]

 

c)         Standards and procedures shall be established and enforced to:

 

1)         Screen and identify applicants and recipients of assistance who are past or present victims of domestic or sexual violence or at risk of further domestic or sexual violence, while maintaining the confidentiality of such individuals.

 

2)         Refer such individuals to appropriate counseling and supportive services.

 

3)         Waive, pursuant to a determination of good cause, for so long as necessary, any program requirements that would make it more difficult for such individuals to escape domestic or sexual violence or unfairly penalize past or present victims of domestic or sexual violence or those at risk of further domestic or sexual violence, such as time limits on receiving assistance, employment and work activity requirements, and paternity establishment and child support cooperation requirements.

 

d)         Notification of the Family Violence Option

 

1)         All applicants and recipients shall be informed of the Family Violence Option, its purpose, waiver criteria and the process to obtain waivers and the availability of services designed to assist individuals to identify, escape, or stop domestic or sexual violence, as well as deal with the effects of domestic or sexual violence.  This notification shall also occur when a client is identified as having a domestic or sexual violence issue.

 

2)         Notification shall include a description of Department policies and procedures regarding the confidentiality of case information when an applicant or recipient is a victim of domestic or sexual violence.

 

3)         Notification shall include informing the applicant or recipient that responding to inquiries about domestic or sexual violence is voluntary and refusal or failure to respond shall not result in any negative action against the individual or the case.

 

e)         Screening for and Identification of Victims of Domestic or Sexual Violence

 

1)         The Department shall inquire of and screen all TANF applicants and recipients regarding the existence of any domestic or sexual violence committed against the applicant or recipient or any member of the household and the risk of domestic or sexual violence.

 

2)         The Department shall not refer any client, either within the Department or to the Department of Healthcare and Family Services, for the purposes of paternity establishment and/or child support enforcement activities without first inquiring and screening for the existence of domestic or sexual violence issues and the establishment of a good cause reason under 89 Ill. Adm. Code 160.35.

 

3)         Persons identified through inquiring and/or screening as being the victims of past or present domestic or sexual violence or at risk of future domestic or sexual violence shall be referred to appropriate available domestic or sexual violence services.

 

4)         No applicant or recipient shall be required to answer any question about domestic or sexual violence, but rather shall be afforded the opportunity to self-disclose when and if she feels ready and safe to do so.

 

5)         That an individual is a past or present victim of domestic or sexual violence or at risk of further domestic or sexual violence may be established at any time.

 

6)         Applicants and recipients who do not self-identify as victims of domestic or sexual violence shall not be penalized for failure to self-identify.

 

7)         The screening and identifying of victims of domestic or sexual violence and the waiver process shall not delay the determination or redetermination of eligibility for or payment of benefits.

 

f)         In the assessment process and development of a Responsibility and Services Plan (RSP) and reassessment and review of the RSP, the factor of domestic and sexual violence shall be taken into account in determining the work, education and training activities that are appropriate.  For those identified as having a presence, history or risk of domestic or sexual violence, the RSP shall be designed with confidentiality and the health and safety of the individual and her children as a consideration.  The RSP shall include consideration of the following:

 

1)         the degree to which domestic or sexual violence is a barrier to obtaining employment or participation in other work activities;

 

2)         flexibility to accommodate any prior or current legal obligations or other activities or issues related to the domestic or sexual violence;

 

3)         referral for services for the victim and other members of the household, including, but not limited to:

 

A)        individual or group counseling;

 

B)        substance abuse services;

 

C)        medical services;

 

D)        mental health counseling;

 

E)        immigration services;

 

F)         relocation services;

 

G)        independent living skills;

 

H)        financial planning; and

 

I)         legal services;

 

4)         the need for waivers; and

 

5)         the approval and terms of any waivers.

 

g)         Evidence of Domestic or Sexual Violence

 

1)         In order for the provisions of subsections (h) and (i) of this Section to apply, the client must submit other evidence to support the allegations of domestic or sexual violence.  One item of other evidence from the kinds listed below shall be sufficient to establish the presence of domestic or sexual violence for purposes of subsections (h) and (i) of this Section:

 

A)        a written statement, from any individual other than the client with knowledge of the circumstances, that provides the basis for the claim;

 

B)        a police record or file;

 

C)        a government agency record or file;

 

D)        a court record or file;

 

E)        documentation from a domestic or sexual violence program or rape crisis organization from which the client has sought services or advice in dealing with the domestic or sexual violence;

 

F)         documentation from a legal, clergy, medical or other professional from whom the individual has sought services or advice in dealing with the domestic or sexual violence;

 

G)        other evidence, such as physical evidence, of violence; or

 

H)        any other evidence that supports the allegation.

 

2)         The Department shall not contact the person believed to be the perpetrator of abuse, or any other person deemed by the victim to be unsafe to contact for any reason, including for the purpose of corroborating, verifying or refuting evidence of abuse.

 

h)         If an applicant or recipient fails to work, search for work, participate in a work activity or appear for an appointment on a particular date, it shall be considered good cause if the applicant or recipient acting on her own behalf or on behalf of a member of the household:

 

1)         is seeking or sought medical attention for, or is recovering from, physical or mental injuries that were caused by domestic or sexual violence;

 

2)         is obtaining or obtained services from a victim services organization;

 

3)         is obtaining or obtained psychological or other counseling due to domestic or sexual violence;

 

4)         relocated or is relocating on a temporary or permanent basis, participated or is participating in safety planning, or took or is taking other steps to increase the safety of the applicant or recipient and members of her household or to prevent the applicant or recipient, minor child or other member of her household from being subjected to domestic or sexual violence in the future; or

 

5)         is seeking or sought legal assistance or remedies to ensure the health and safety of the applicant or recipient or a member of her household, including preparation for or participation in any civil or criminal proceeding that resulted from the applicant or recipient, minor child or any other member of her household being subjected to domestic or sexual violence.

 

i)          Waivers

 

1)         The client's 60-month time limit on assistance may be stopped or an exception to the 60-month time limit may be granted for months in which the client is experiencing a domestic or sexual violence issue or is involved in domestic or sexual violence programs or services such that it is difficult for the client to participate in other appropriate work, training or education activities.  If the clock is stopped, the client's Responsibility and Services Plan will be revised to reflect this waiver of work, training or education activities while the client resolves the domestic or sexual violence issues.

 

2)         The client shall not be required to participate in paternity establishment or child support cooperation requirements if the client is determined to have "good cause" as defined under 89 Ill. Adm. Code 160.35 due to domestic or sexual violence issues.

 

3)         Waivers shall be granted for so long as necessary for any program requirements in cases where compliance with such requirements would make it more difficult for an applicant or recipient to escape domestic or sexual violence, unfairly penalize them, or subject them to further risk of domestic or sexual violence.

 

4)         Applicants and recipients can apply for a waiver at any time.  At no time shall an applicant's or recipient's decision not to disclose abuse or not seek waivers due to abuse preclude disclosure or a request for waiver at a later date, nor will it preclude future access to services, other waivers or approval of client-desired education, training or other activities.

 

5)         Any denial, termination or modification of a waiver shall be in writing and shall state the reason for the denial, termination or modification.  Such actions may be appealed through the standard appeal and fair hearing procedures applicable to other determinations of eligibility, progress or status.  (See 89 Ill. Adm. Code 14.)

 

6)         While the request for any waiver is pending or is under appeal, no negative action based on the ground for a waiver pending or under appeal on an applicant's or recipient's case shall occur.

 

7)         Applicants and recipients who request a waiver of the employment and work activity requirement shall not be required to participate in employment and work activities while the waiver request is pending or is under appeal.

 

8)         The duration of a waiver shall be initially determined and subsequently redetermined on a case-by-case basis.  At the time of assessment and review of the RSP, a determination shall be made as to whether the waiver will be continued, terminated or modified, or whether any other waivers of other program requirements are appropriate and shall be granted. Continuing eligibility for a waiver shall be redetermined no less often than every six months.

 

9)         There is no limit on the total number of months a waiver may be extended or the number of waivers approved for any individual or family.

 

10)        An individual may decline a waiver or terminate an existing waiver at any time without penalty.

 

11)        The granting of a waiver shall not negatively affect the amount of the household's grant or the budgeting of income for the applicant or recipient.

 

j)          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, as provided in 89 Ill. Adm. Code 10.230 and, in addition:

 

1)         Any information pertaining to any applicant or recipient who may be a past or present victim of domestic or sexual violence or an individual at risk of further domestic or sexual violence shall remain confidential and shall not be released unless required for the administration of public assistance programs, authorized pursuant to law or in writing by the victim or, if the victim is a minor child or otherwise not legally competent, the caretaker relative whose interests are not adverse to the minor or legally authorized representative.  This information includes but is not limited to information on the applicant's or recipient's current address, work place, work placement or school that the individual has been identified as a victim of domestic or sexual violence, or any details concerning the domestic or sexual violence.

 

2)         The Department shall inform all applicants and recipients of the meaning of case information confidentiality, the Department's policy on maintaining case information confidentiality, and the limitations of case information confidentiality, and shall explain specifically what limitations on case information confidentiality exist, including State law and regulations regarding the reporting of known or suspected child abuse and neglect under 325 ILCS 5.

 

3)         All applicants and recipients shall be advised that, if they are victims of domestic or sexual violence and their abuser, or someone close to their abuser or any other person deemed by the victim, or the victim's caretaker relative or legally authorized representative to be unsafe to contact, is employed by an agency or governmental department to whom case information may be furnished, including, but not limited to the Illinois State Scholarship Commission, the Illinois Department of Healthcare and Family Services or any successor agency, bureau or department, and the Illinois Department of Revenue, and any local, State or federal law enforcement agencies, or is a State or local law enforcement official or officer, the applicant or recipient should inform the Department so that information is not released without the applicant's or recipient's informed written consent and without appropriate precautions taken.

 

4)         Information with respect to victims of domestic or sexual violence shall not be released to any other household member, the household's currently authorized representative, or a person acting in the household's behalf unless authorized in writing by the victim or, if the victim is a minor child or otherwise not legally competent, the victim's caretaker relative or legally authorized representative.

 

5)         To protect against coercion, the Department, its employees, contractors, and subcontrators shall not request written informed consent authorizing the release of information from a victim, or the victim's caretaker relative or legally authorized representative in the presence of the alleged abuser.

 

6)         Department employees, contractors and subcontractors may have access to client identifiable information maintained on a victim of domestic or sexual violence only when the employees' job responsibilities cannot be accomplished without access to client identifiable information.

 

7)         The confidentiality and integrity of the service provider and applicant and recipient relationship shall be preserved when reviewing an individual's participation in domestic or sexual violence services.

 

k)         Domestic or sexual violence training shall be mandatory for all appropriate Department staff, including hearing officers, and the staff of any office or bureau, who work with applicants or recipients at any of the Department's offices or sites. The Department shall consult with State and local domestic or sexual violence experts to develop the curriculum.

 

l)          Nothing in this Section shall be interpreted to require any actions, not required of applicants or recipients who are not domestic or sexual violence victims, by domestic or sexual violence victims, or those acting on behalf of victims, such as seeking orders of protection, pursuing any other civil or criminal legal action, attending counseling, or other actions.  Nothing in this Section shall be interpreted as allowing a denial or reduction of benefits or a denial, modification or termination of a waiver to domestic or sexual violence victims because they do not take actions not required of other applicants or recipients.  An individual may decline to participate in services specifically directed at domestic or sexual violence, or may terminate participation in such services, without penalty or sanction.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.8  Caretaker Relative

 

a)         The caretaker relative is the specified relative with whom the child is living.  When a child lives with a parent, that parent shall be designated as the caretaker relative except as follows:

 

1)         another relative in the home shall be the caretaker relative if DCFS has placed the child with the relative; or

 

2)         the relative has assumed responsibility for the child due to the parent's inability to adequately care for the child.

 

b)         Specified relatives are the following blood and adoptive relatives:

 

1)         First Degree of Relationship:

 

A)        father; or

 

B)        mother.

 

2)         Second Degree of Relationship:

 

A)        brother;

 

B)        sister;

 

C)        grandfather; or

 

D)        grandmother.

 

3)         Third Degree of Relationship:

 

A)        great-grandfather;

 

B)        great-grandmother;

 

C)        uncle;

 

D)        aunt;

 

E)        nephew; or

 

F)         niece.

 

4)         Fourth Degree of Relationship:

 

A)        great-great-grandfather;

 

B)        great-great-grandmother;

 

C)        great-uncle;

 

D)        great-aunt;

 

E)        first cousin;

 

F)         great-niece; or

 

G)        great-nephew.

 

5)         Fifth Degree of Relationship:

 

A)        great-great-great-grandfather;

 

B)        great-great-great-grandmother;

 

C)        great-great-uncle;

 

D)        great-great-aunt;

 

E)        first cousin once removed;

 

F)         second cousin;

 

G)        great-great niece; or

 

H)        great-great nephew.

 

6)         Step-Relatives:

 

A)        step-father;

 

B)        step-mother;

 

C)        step-brother; or

 

D)        step-sister.

 

7)         Person who is or has been married to one of the relatives listed in subsections (b)(1) through (6) above.

 

c)         Every TANF case shall have one person designated as the caretaker relative.  The caretaker relative does not have to meet a minimum or a maximum age requirement.  If the caretaker relative is included in the assistance unit, this person shall be considered an adult.

 

d)         One person may be the caretaker relative for two separate TANF financial assistance units only as follows:

 

1)         The person, his or her child or children, siblings and the child or children's other parent shall receive TANF in one assistance unit; and

 

2)         A separate assistance unit shall be established when the person is also caretaker relative for other related children (for whom the person is not a parent).  The second assistance unit must also contain an eligible parent or parents and siblings of the child or children in the unit.

 

e)         When a specified relative is no longer available to act as a caretaker relative, for children already receiving cash benefits, another person may serve as a Temporary Caretaker for a period not to exceed 90 days. "Living with" requirements of the child or children are the same as with a caretaker relative.  The Temporary Caretaker will not be included in the assistance unit.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.9  Client Cooperation

 

a)         As a condition of eligibility, clients must cooperate:

 

1)         in the determination of eligibility;

 

2)         with Department programs conducted for the purposes of acquisition or verification of information upon which eligibility may depend;

 

3)         in applying for all financial benefits for which they may qualify and to avail themselves of such benefits at the earliest possible date;

 

4)         by designing a Responsibility and Services Plan (RSP) appropriate for his or her situation, signing the RSP and following through on the activities agreed to in the RSP.  These activities may not begin until at least 30 days after the date of application. An applicant who refuses to cooperate in designing or signing an RSP is not eligible for TANF cash assistance.  An applicant who refuses to follow through or fails, without good cause, to follow through with the activities agreed upon in the RSP is also ineligible for TANF cash assistance.

 

b)         TANF applicants who quit working without good cause during the application process are not eligible for cash assistance.

 

c)         Clients are required to avail themselves of all potential income sources.

 

d)         When eligibility cannot be conclusively determined because the individual is unwilling or fails to provide essential information or to consent to verification, the client is ineligible.

 

e)         At screening, applicants shall be informed, in writing, of any information they are to provide at the eligibility interview.

 

f)         At the eligibility interview or at any time during the application process, when the applicant is requested to provide information in his or her possession, the Department will allow a reasonable period for the return of the requested information.  The first day of the period is the calendar day following the date the information request form is sent or given to the applicant.  The last day of the period shall be a work day and is to be indicated on the information request form.  If the applicant does not provide the information by the date on the information request form, the application shall be denied on the following work day.

 

g)         At the eligibility interview or at any time during the application process, when the applicant is requested to provide third party information, the Department shall allow a reasonable period for the return of the requested information or for verification that the third party information has been requested.  The first day of the period is the calendar day following the date the information request form is sent or given to the applicant.  The last day of the period shall be a work day and is to be indicated on the information request form.  It is to be indicated on the information request form that the applicant shall provide written verification of the request for the third party information.  If the applicant does not provide the information or the verification that the information was requested by the date on the information request form, the application shall be denied on the following work day.

 

1)         Third party information is defined as information that must be provided by someone other than the applicant.  An authorized representative or person applying on another's behalf is not a third party, but is treated as if he were the applicant.

 

2)         The Department shall advise clients of the need to provide written verification of third party information requests and the consequences of failing to provide that verification.

 

3)         If the applicant requests an extension, either verbally or in writing, in order to obtain third party information and provides written verification of the request for the third party information such as a copy of the request that was sent to the third party, an extension of 90 days from the date of application shall be granted.  The first day of the 90-day period is the calendar day following the date of application.  The 90th day must be a work day.

 

4)         If an applicant's attempt to obtain third party information is unsuccessful, upon the applicant's request the Department will assist in securing evidence to support the client's eligibility for assistance.

 

(Source:  Amended at 38 Ill. Reg. 4441, effective January 29, 2014)

 

Section 112.10  Citizenship

 

To be eligible for assistance, an individual shall be either a U.S. citizen or a non-citizen within specific categories and subject to the following specific restrictions:

 

a)         Citizenship status – Persons born in the U.S., or in its possessions, are U.S. citizens.  Citizenship can also be acquired by naturalization through court proceedings, or by certain persons born in a foreign country of U.S. citizen parents.

 

b)         Non-citizens

 

1)         The following categories of non-citizens may receive assistance, if otherwise eligible:

 

A)        A United States veteran honorably discharged and a person on active military duty, and the spouse and unmarried dependent children of such a person;

 

B)        Refugees under section 207 of the Immigration and Nationality Act (INA) (8 USC 1157);

 

C)        Asylees under section 208 of INA (8 USC 1158);

 

D)        Persons for whom deportation has been withheld under section 243(h) of INA (8 USC 1253(h)) prior to September 30,1996 or 241(b)(3) of INA (8 USC 1231(b)(3)) on or after September 30, 1996;

 

E)        Persons granted conditional entry under section 203(a)(7) of INA (8 USC 1153) as in effect prior to April 1, 1980;

 

F)         Persons lawfully admitted for permanent residence under the INA including;

 

i)          Afghani immigrants with special immigrant status under section 101(a)(27) of INA (8 USC 1101).  The five-year residency requirement set forth in subsection (b)(2) of this Section does not apply to this sub-group.

 

ii)         Iraqi immigrants with special immigrant status under section 101(a)(27) of INA (8 USC 1101).  The five-year residency requirement set forth in subsection (b)(2) of this Section does not  apply to this sub-group;

 

G)        Parolees, for at least one year, under section 212(d)(5) of INA (8 USC 1182);

 

H)        Persons who are a spouse, widow or child of a U.S. citizen or a spouse or child of a legal permanent resident (LPR) who have been battered or subjected to extreme cruelty by the U.S. citizen or LPR or a member of that relative's family who lived with them, who no longer live with the abuser or plans to live separately within one month after receipt of assistance and whose need for assistance is due, at least in part, to the abuse;

 

I)         Victims of trafficking, or the minor child, spouse, parent or sibling of the trafficking victim, who have been certified by, or whose status has been verified by, the federal Office of Refugee Resettlement (ORR); and

 

J)         Persons who are a foreign-born victim of trafficking, torture, or other serious crimes as defined in Art. XVI of the Illinois Public Aid Code [305 ILCS 5], and his or her derivative family members, as defined in 8 USC 1101(a)(15)(T) and (a)(15)(U), are eligible for cash assistance if he or she:

 

i)          has filed or is preparing to file an application for T Nonimmigrant status with the appropriate federal agency pursuant to 8 USC 1101(a)(15)(T), or is otherwise taking steps to meet the conditions for federal benefits eligibility under 22 USC 7105;

 

ii)         has filed or is preparing to file a formal application with the appropriate federal agency for status pursuant to 8 USC 1101(a)(15)(U); or

 

iii)        has filed or is preparing to file a formal application with the appropriate federal agency for status under 8 USC 1158.

 

2)         Benefits provided pursuant to subsection (b)(1)(J) shall be terminated if there is a final denial of that person's visa or asylum application under 8 USC 1101(a)(15)(T), 1101(a)(15)(U) or 1158.

 

3)         Benefits provided pursuant to subsection (b)(1)(J) shall be denied one year after the date of the TANF application if a formal application under 8 USC 1101(a)(15)(T), 1101(a)(15)(U) or 1158 has not been filed.  The Department may extend the person's and his or her derivative family member's eligibility for cash assistance beyond one year if the Department determines that the person, during the year of initial eligibility:

 

A)        experienced a health crisis;

 

B)        has been unable, after reasonable attempts, to obtain necessary information from a third party; or

 

C)        has other extenuating circumstances that prevented the person from completing his or her application for status.

 

4)         Those persons who are in the categories set forth in subsections (b)(1)(F) and (b)(1)(G) and who enter the United States on or after August 22, 1996 shall not be eligible for five years beginning on the date the person entered the United States.

 

(Source:  Amended at 44 Ill. Reg. 9929, effective May 20, 2020)

 

Section 112.20  Residence

 

a)         In order to be eligible an individual must be a resident of Illinois.

 

b)         A resident is:

 

1)         an individual who at the time application is made is living in Illinois voluntarily with the intention of making his home here, and not for a temporary purpose; or

 

2)         an individual who (whether or not currently employed at the time of application) is living in Illinois, is not receiving assistance from another state and who entered Illinois with a job commitment or to seek employment.

 

3)         An out-of-State Title IV-E eligible adoption assistance/foster care child living in Illinois is considered an Illinois resident for medical assistance coverage.

 

c)         A child is a resident of the State in which the caretaker is a resident.

AGENCY NOTE:  "Temporary absence from the State" as specified in Section 2-10 of the Illinois Public Aid Code [305 ILCS 5/2-10] shall not affect residence.

 

(Source:  Amended at 12 Ill. Reg. 6694, effective March 22, 1988)

 

Section 112.30  Age

 

a)         There is no minimum or maximum age requirement to be designated as or to receive assistance as a caretaker relative.  If an individual receives financial assistance as a caretaker relative that individual shall not be considered as a child in the determination of the level of assistance.

 

b)         To be included in the assistance grant as a child, the child must be under age 18 or age 18 and in a full-time secondary school.

 

1)         During summer vacation a dependent child who intends to return to school or one who experiences a temporary illness (not to exceed 90 days) which precludes school attendance is to be considered a full-time student.

 

2)         Full-time attendance must be in a school defined as follows:

 

A)        High School – 25 clock hours per week or in a special secondary education program of training which is designed to fit him or her for gainful employment and is defined by the school as full-time attendance.

 

B)        Vocational or technical school – 30 clock hours per week when program involves shop practice, 25 clock hours per week when program does not involve shop practice.

 

C)        Residential program – a regular curriculum of instruction that is equivalent to that which leads to obtaining a high school diploma.  The program may include various life skills and vocational training.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.40  Relationship

 

a)         The child(ren) must be living with a blood relative, step-relative or adoptive relative in the relative's home.

 

b)         A child conceived or born-in-wedlock is presumed to be the child of that marriage in the absence of a court finding to the contrary (Section 5 of the Illinois Parentage Act of 1984, Ill. Rev. Stat. 1987, ch. 40, par. 2505).

 

c)         Relationship between a child born-out-of-wedlock and the child's putative father may be established by:

 

1)         adjudication; or

 

2)         legal presumption of paternity.  A legal presumption of paternity exists when the putative father married the child's natural mother after the child's birth and he is named as father on the child's birth certificate pursuant to Section 12 of the Vital Records Acts (Ill. Rev. Stat. 1987, ch. 111½, par. 73-12.

 

d)         Relatives of the child's putative father may establish relationship to the child provided one of the following criteria is met.

 

1)         Paternity has been established by:

 

A)        adjudication, legal presumption of paternity or acknowledgement in open court by the putative father; and

 

B)        the relationship between the putative father and the caretaker relative (defined at 89 Ill. Adm. Code 101.20) has been verified.

 

2)         The putative father's relationship to the child and his relationship to the caretaker relative has been verified by such sources as:

 

A)        birth records;

 

B)        baptismal certificate;

 

C)        bible entries;

 

D)        census records;

 

E)        medical records;

 

F)         Social Security records;

 

G)        Veteran's Administration records;

 

H)        Immigration/Naturalization Service Records;

 

I)         death certificates; or

 

J)         the putative father's notarized signature on an acknowledgement of paternity.

 

3)         Any of the verification factors in Section 112.40(d)(2), establish the caretaker relative as having a specified relationship to the child.

 

4)         Other documentary evidence which establishes the paternity of the child, such as affidavits from disinterested parties, old personal correspondence, the putative father's notarized signature on an acknowledgement of paternity or a statement from the mother, shall be used to establish the required relationship between the caretaker and child.  Such other evidence shall establish, to the Department's satisfaction, that the putative father is more than likely the actual father of the child.

 

e)         The relationship between a child and other specified relatives may be established by court documents which contain statements mentioning the relationship if other sources of verification cannot be obtained.

 

f)         When the required relationship exists between the child and the relative, the relative is referred to as a specified relative.

 

(Source:  Amended at 14 Ill. Reg. 3170, effective February 13, 1990)

 

Section 112.50  Living Arrangement

 

All persons included in the assistance unit must be residing in the same home.  To be included in the assistance unit as a child, the child must live with a specified relative in that relative's home.  A home is the family setting shared by the specified relative and the child.  A home need not be a fixed dwelling if the family has none.  The relative must exercise primary responsibility for care and supervision of the child, even though either the child or the relative is temporarily absent from the customary family setting.

 

(Source:  Amended at 11 Ill. Reg. 14755, effective August 26, 1987)

 

Section 112.52  Social Security Numbers

 

a)         To be eligible for TANF, each individual must furnish the Department his or her Social Security Number.  If more than one Social Security Number has been assigned to any individual, all numbers are to be furnished.

 

b)         If a Social Security Number cannot be furnished, either because it has not been issued or is not known, application shall be made for a Social Security Number.

 

c)         Assistance will not be denied, delayed or discontinued pending the issuance or validation of a Social Security Number if the individual, or someone acting responsibly for the individual applies for the Social Security Number.

 

d)         Individuals for whom a Social Security Number is not furnished and for whom application for a Social Security Number is not made are ineligible for an assistance grant under the TANF program.  If the individual is a U.S. citizen or otherwise non-citizen adult parent of a child in a TANF cash case, the entire filing unit is ineligible for TANF cash or General Assistance benefits.

 

(Source:  Amended at 22 Ill. Reg. 19840, effective November 1, 1998)

 

Section 112.54  Assignment of Medical Support Rights

 

a)         Rights to Support

 

1)         As a condition of eligibility for medical assistance under the TANF program, each applicant or recipient by operation of State law, automatically assigns to the Department any rights to support which the applicant or recipient may have.  This assignment gives the Department the right to collect support money directly from the absent parent in order to be reimbursed for assistance given to the dependent children.

 

2)         This right includes support money paid in the applicant/ recipient own behalf, such as alimony, and money paid in behalf of any other family member for whom assistance is requested, such as child support.

 

b)         As a condition of eligibility for medical assistance under the TANF program each legally able applicant and recipient must cooperate (see 89 Ill. Adm. Code 120.320(b)) with the Department in obtaining medical support or payments.  ("Legally able" means the applicant/recipient has the legal authority to execute an assignment of medical support rights.)  This includes support or payments for the applicant/recipient and/or for any person for whom the applicant/recipient receives medical assistance.

 

c)         Refusal/Failure to Cooperate

 

1)         If the applicant/recipient refuses to cooperate with the Department in obtaining medical support or payments, he/she is ineligible for medical assistance and will be removed from the assistance unit for medical assistance.  (Non-cooperation is failure/refusal to comply with the requirements of 89 Ill. Adm. Code 120.320(b).)  However, the applicant/recipient remains eligible for TANF cash benefits.

 

2)         Cooperation in obtaining medical support and/or payments includes enrolling dependents for no cost dependent health insurance coverage.

 

3)         If the applicant/recipient fails/refuses to cooperate in obtaining medical support/payments or sign up for no cost medical insurance, he/she is ineligible for medical assistance as long as he/she continues to fail/refuse to cooperate.  If the applicant/recipient later wishes to receive medical assistance then he/she must cooperate by complying with the requirements (see 89 Ill. Adm. Code 120.320(b)) that he/she previously failed/refused to meet.

 

4)         An applicant/recipient can appeal the Department's determination that he/she refused to cooperate in obtaining medical support/payments or that he/she refused to sign up for no cost medical insurance.  Such appeal shall be in accordance with 89 Ill. Adm. Code 14:  Subpart A.

 

d)         The Department will provide or continue to provide medical assistance to any applicant or recipient who is not legally able to cooperate in securing medical support, and would otherwise be eligible for medical assistance but for the refusal by a person legally able to cooperate.

 

(Source:  Amended at 29 Ill. Reg. 8161, effective May 18, 2005)

 

Section 112.55  Electronic Benefits Transfer (EBT) Restrictions

 

a)         Benefits are not to be accessed via Electronic Benefits Transfer (EBT) (see section 408(a)(12)(B)(iii) of the Social Security Act (42 USC 608(a)(12)(B)(iii)) at any prohibited location, which includes liquor stores (see section 408(a)(12)(B)(i) of the Social Security Act), gambling casinos (see section 408(a)(12)(B)(ii) of the Social Security Act), or retail establishments that provide adult entertainment involving disrobing or nudity.

 

b)         For the first instance of prohibited access, the Department will issue a verbal warning.

 

c)         For each subsequent instance of prohibited access, cash assistance benefits will be reduced by one-half for one month.

 

(Source:  Added at 38 Ill. Reg. 18646, effective August 29, 2014)

 

Section 112.60  Basis of Eligibility

 

a)         Child only assistance serves:

 

1)         children living with a relative other than a parent when the relative chooses not to be included in the assistance payment;

 

2)         children who meet the citizenship requirements and are living with parents who are not eligible because they are not U.S. citizens or qualified aliens;

 

3)         children living with a parent or parents who are ineligible for a reason other than not being U.S. citizens or qualified aliens; and

 

4)         children living with a parent or parents who receive Supplemental Security Income (SSI), Social Security Disability, Railroad Retirement Disability, 100% Veterans' Disability, or Black Lung payments in excess of the difference in the Payment Level including the parent or parents and the Payment Level excluding the parent or parents.

 

b)         Temporary assistance for families serves families that do not have an employed family member.

 

1)         Families may be composed of:

 

A)        children and no more than two parents;

 

B)        children, caretaker, and caretaker's spouse;

 

C)        a pregnant woman with no children and her spouse, if living in the home; or

 

D)        a caretaker relative whose only eligible child(ren) in the home receives Supplemental Security Income (SSI).

 

2)         Families participating in work activities, but not employed, are included in this component.

 

3)         The services for these families will focus on activities to move clients to self-sufficiency through work and child support.

 

c)         Temporary assistance for employed families serves families that contain at least one employed family member in the assistance payment, whose earnings are considered in determining eligibility and the assistance payment.

 

1)         Families may be composed of:

 

A)        children and no more than two parents;

 

B)        children, caretaker, and caretaker's spouse;

 

C)        a pregnant woman with no children and her spouse, if living in the home; or

 

D)        a caretaker relative whose only eligible child(ren) in the home receives Supplemental Security Income (SSI).

 

2)         Service for these families will focus on upgrading their skills to achieve self-sufficiency.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.61  Death of a Parent (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.62  Incapacity of a Parent (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.63  Continued Absence of a Parent (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.64  Unemployment of the Parent (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.65  Responsibility and Services Plan

 

a)         The Department shall advise every applicant and recipient of:

 

1)         the requirement that all recipients move toward self-sufficiency; and

 

2)         the value and benefits of employment.

 

b)         Clients who are adults or minor parents must prepare, sign and submit a personal Responsibility and Services Plan (RSP).  Active recipients who are adults or minor parents who have previously prepared, signed and submitted a personal RSP must comply with the RSP.  Department staff shall assist each client in completing the RSP.

 

c)         The RSP includes the following:

 

1)         job history;

 

2)         job preferences;

 

3)         job search plans;

 

4)         child immunization;

 

5)         school attendance;

 

6)         family well-being, including domestic or sexual violence, substance abuse, homelessness and mental and physical health issues;

 

7)         family information;

 

8)         income;

 

9)         child support;

 

10)         education/training;

 

11)         child care;

 

12)         transportation;

 

13)         legal; and

 

14)         referral.

 

d)         This Section does not apply to Representative Payees.

 

e)         A parent who refuses to complete the RSP, when appropriate for his or her family, renders the entire assistance unit ineligible.  Supervisory approval is required to confirm refusal.

 

f)         A client who fails to follow up in taking the necessary steps that will lead to self-sufficiency, as decided upon in the RSP, is subject to sanction (see Section 112.79). Failure to comply with provisions relating to domestic or sexual violence will not result in sanction.

 

(Source:  Amended at 38 Ill. Reg. 4441, effective January 29, 2014)

 

Section 112.66  Alcohol and Substance Abuse Treatment

 

a)         In areas of the State where appropriate substance abuse programs have capacity, adults identified as having an alcohol or substance abuse problem (see 77 Ill. Adm. Code 2060, Alcoholism and Substance Abuse Treatment and Intervention Licenses) must participate in an alcohol or substance abuse treatment program unless the adult is employed 30 hours per week or more.

 

b)         Failure to participate, without good cause, in an alcohol or substance abuse treatment program, when there is a currently available treatment slot, will result in progressive sanction or sanctions (see Section 112.79).

 

c)         Supportive services will be provided to enable the client to participate in the alcohol or substance abuse treatment program.

 

d)         The exemption criteria listed in Section 112.71 do not apply.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.67  Restriction in Payment to Households Headed by a Minor Parent

 

a)         A TANF cash payment shall be paid, for no more than six months, to a minor parent (including a pregnant woman) under age 18 who has never married and the dependent child in his or her care unless that person resides in the household of his or her parent, legal guardian, or other adult relative, or in an adult-supervised supportive living arrangement.  The Department and Teen Parent Services are to help the teen parent comply with the minor-live-at-home requirement or document an exception to it during the six-month period in which the teen parent does not meet the minor-live-at-home requirement.  An exception shall be made in any of the following circumstances:

 

1)         The minor parent has no living parent or legal guardian whose whereabouts are known;

 

2)         No living parent or legal guardian of the minor parent allows the minor parent to live in his or her home;

 

3)         The minor parent lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of the dependent child or the minor parent's having made application for TANF;

 

4)         The physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the parent or legal guardian;

 

5)         There is otherwise good cause for the minor parent and dependent child to receive assistance while living apart from the parent, legal guardian, or other adult relative, or an adult-supervised supportive living arrangement.  These reasons are:

 

A)        The parent or guardian lives out-of-state;

 

B)        The parent or guardian is in an institution;

 

C)        The parent or guardian is a substance abuser;

 

D)        The return of the minor parent and child to the parent or guardian's home would result in a lease violation or violation of local health or safety standards;

 

E)        The minor parent is placed by DCFS in independent living (see 89 Ill. Adm. Code 302.40(e)); or

 

F)         The minor parent is in a licensed substance abuse program which would not be available if the minor returned to the parent or guardian's home.

 

b)         The minor shall have the right to choose among these approvable living arrangements.  The Department shall not require the minor to explain why he or she chose one arrangement over another.

 

c)         When a minor parent and his or her dependent child are required to live with the parent, legal guardian, or other adult relative, or in an adult-supervised supportive living arrangement, then, where possible, the TANF grant is paid to the adult who is responsible for supervising the minor.  Otherwise, the minor receives the TANF grant.

 

d)         Minor parents under age 20 with no child under the age of 12 weeks may receive assistance only if they have successfully completed high school, have a GED certificate, or are attending school, except 18 and 19 year olds may be assigned to work activities or training if it is determined by an individualized assessment that such educational activities are inappropriate. If these requirements are not met, they are subject to sanction (see Section 112.79).

 

(Source:  Amended at 28 Ill. Reg. 5655, effective March 22, 2004)

 

Section 112.68  School Attendance Initiative

 

a)         Identification and Referral

 

1)         Participating elementary schools will identify children in grades one through eight who receive TANF and who are not attending school regularly, as defined by the school.  If the schools cannot address the families' problems that appear to be resulting in irregular school attendance, they will refer the families to participating social service networks.  The family will be notified, in writing, of the referral and the consequences for non-cooperation with the referral.

 

2)         Social service networks should be specifically equipped to address the causes of truancy, at no cost to the family other than the normal co-payment under existing programs.

 

3)         Upon referral, a Social Service Network Representative will assess the specific family situation and will develop a service plan with the family that will include getting the child to regularly attend school.

 

4)         The service plan for the truant child in grades seven and eight is completed by the social service agency, school, juvenile justice system or other agency.  The plan includes options such as community service, mandatory after school tutoring/mentoring programs, and working with juvenile advocates. It may also include suspension from extracurricular activities.  Contact with law enforcement may also be involved.

 

b)         Use of Protective Payee

 

1)         Upon failure of the family to cooperate with the referral, or with the service plan, as determined by the social service provider, the family will be placed under a Protective Payee with the Social Service Network Representative acting as the payee for the family's TANF grant.  The provisions of 89 Ill. Adm. Code 117.10 shall otherwise apply.

 

2)         The Protective Payee will remain in effect until the family follows through with the service plan, as determined by the social service provider. The Protective Payee may be discontinued during the months of June, July and August at the option of the service provider.

 

c)         Cash Assistance Sanctions

 

1)         If a protective payee plan, as provided in subsection (b) of this Section, has been in effect for at least three months and the child continues to regularly miss school, as defined by the school, the cash assistance payment will be reduced by 50 percent of the family's payment level until the attendance is satisfactory.  If attendance is not satisfactory after three months of reduced payments, the entire cash payment will be stopped.

 

2)         For a second instance, the cash assistance payment will be reduced by 50 percent of the family's payment level for three months.  If attendance is not satisfactory after three months of reduced payments, the entire cash payment will be stopped.

 

3)         For a third instance and any subsequent instance, the family's entire cash assistance payment will be stopped for at least three months.  Cash assistance will be reinstated for the fourth month if the requirement is met during the three-month sanction period.

 

4)         Sanction penalties accumulate by family, not by person, during any single period of continuous assistance.  A single period of continuous assistance is not interrupted by a loss of all cash assistance due to a sanction.  If a family member's non-cooperation occurs during a sanction period which was the result of another member's non-cooperation, the next progressive sanction shall apply.

 

5)         Reconciliation must be attempted before imposing a sanction under this Section.

 

6)         Sanctions will not be applied during the months of June, July and August, except in the case of year-round schools.

 

7)         Sanctions under this Section, employment and training programs and the Responsibility and Services Plan (89 Ill. Adm. Code 112.79), and Child Support Enforcement (89 Ill. Adm. Code 160.30) shall be considered along one track. After a sanction is taken under one Section, a subsequent sanction under that Section or either of the other two Sections will be at the next level of sanction, as set out above.

 

(Source:  Amended at 22 Ill. Reg. 14744, effective August 1, 1998)

 

Section 112.69  Felons and Violators of Parole or Probation

 

a)         Persons convicted in state or federal court of misrepresenting an address to receive assistance from programs funded by a federal TANF grant, Title XIX, the Food Stamp Act of 1977, or the Supplemental Security Income program in two or more states is ineligible to participate in the Illinois TANF program for a ten-year period beginning with the date of the conviction.

 

b)         Probation and parole violators are not eligible.

 

c)         Fugitive felons are not eligible.

 

d)         Family members of the persons ineligible under subsections (a) through (c) may be eligible, unless the ineligible person is the only child in the family.  In considering eligibility and the amount of assistance for these family members, the income of the ineligible person is considered available to them.

 

(Source:  Amended at 46 Ill. Reg. 6932, effective April 20, 2022)

 

Section 112.70  Employment and Work Activity Requirements

 

Sections 112.70 through 112.83 describe the employment and work activity requirements for TANF clients and clients receiving family assistance from State funds only.  The purpose of TANF is to provide temporary assistance to needy individuals and families and assist them in attaining skills and training needed to become employed and help avoid long-term welfare dependence.  The TANF Program will focus on enhancing the long-term employability of TANF clients by assessing the individual capabilities of each participant, using the Family Assessment to create a Responsibility and Services Plan to match the participant to a suitable activity and employment goal.  The program will offer a wide variety of intensive activities aimed at assisting the participant to acquire the training and/or work skills needed to meet the demands of the current labor market as well as in the future and to become self-sufficient.  Work activities are appropriate activities to remove barriers to successful employment and to prepare TANF participants to achieve progress toward self-sufficiency.  The level of TANF employment or work activities in the State as a whole and in different counties of the State may vary depending upon available resources.  Program services may be provided directly by the Department or through contract.  References to the Department or staff of the Department shall include contractors when the Department has entered into contracts for program services. In addition to work activities described in Section 112.78, activities for TANF participants may also include:

 

a)         a program in accordance with a plan developed with a provider of domestic or sexual violence services;

 

b)         a program to treat alcohol or drug abuse in accordance with the Responsibility and Services Plan;

 

c)         a program to treat mental health disorders in accordance with the Responsibility and Services Plan;

 

d)         participation in AmeriCorps VISTA, Job Corps, some paid Workforce Investment Act programs, or work study for cash or financial credit for education expenses; and

 

e)         foster parenting consistent with the Responsibility and Services Plan.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.71  Individuals Exempt from TANF Employment and Work Activity Requirements

 

a)         An individual shall be exempt from TANF Employment and Work Activity Requirements when that individual:

 

1)         Is a child who is not a parent.

 

2)         Is the parent or other caretaker relative of a child under age one in the home who is personally providing care for the child. 

 

A)        Only one person in a case may be exempted for this reason.

 

B)        A parent under age 20, without a high school diploma or equivalent, cannot claim this exemption unless his or her youngest child is under 12 weeks of age.

 

3)         Is 60 years of age or older.

 

4)         Is an adult in a family when only children are receiving TANF benefits and the adult is not the parent of the children who are receiving TANF.

 

5)         Is a parent in a family when only children are receiving TANF benefits and the parent is a minor parent who is not the head of household or spouse of the head of household.

 

6)         Is a parent in a family when only children are receiving TANF benefits and the parent is an alien who is ineligible to receive assistance due to his or her immigration status.

 

7)         Is a parent in a family when only children are receiving TANF benefits and the parent is a recipient of Supplemental Security Income benefits.

 

8)         Is a parent providing care for a disabled family member living in the home who does not attend school on a full-time basis.

 

b)         Exemption from TANF Employment and Work Activity does not equate to exemption from the 60-month lifetime limit.

 

(Source:  Amended at 32 Ill. Reg. 2767, effective February 7, 2008)

 

Section 112.72   Participation/Cooperation Requirements

 

a)         An individual is required to participate in a TANF employment or work activity by:

 

1)         Cooperating with TANF requirements.  Cooperation with TANF is defined as providing requested information about employment history and capabilities, appearing for scheduled meetings, participating in assessments and complying with the requirements of the TANF activities identified in Section 112.78, which may not begin until at least 30 days after the date of application.

 

2)         Responding, timely, to a job referral of suitable employment (that is, a written statement referring a participant to an employer for a specific position).

 

3)         Accepting a bona fide offer of suitable employment.  An individual must be given the opportunity to explain why a bona fide offer of employment was not accepted.  A bona fide offer of suitable employment is where:

 

A)        there was a definite offer of employment substantiated by written confirmation from the prospective employer at wages meeting any applicable minimum wage requirements and which are customary for such work in the community based on information obtained from the Department of Employment Security;

 

B)        there are no questions as to the individual's ability to engage in such employment for physical reasons or because he has no way to get to or from the particular job; and

 

C)        there are no questions of working conditions, such as risks to health, safety or lack of worker's compensation protection or lack of other workplace rights due TANF recipients according to the U.S. Department of Labor.

 

4)         Department employment referrals are deemed suitable if they meet the following criteria:

 

A)        Wages offered must be at least the greater of:

 

i)          the federal minimum wage; or

 

ii)         the State minimum wage.

 

B)        Subminimum training wages offered must be at least the greater of:

 

i)          the federal subminimum training wage; or

 

ii)         the State subminimum training wage.

 

C)        If the wages are offered on a piece-rate basis, wages for a beginner must equal the amount the participant can reasonably be expected to earn as outlined in subsection(a)(4)(A) of this Section.

 

D)        There is no unreasonable degree of risk to the participant's health and safety.

 

E)        The participant may not be required as a condition of employment to join, resign from or refrain from joining any legitimate labor organization.

 

5)         Participants must register and appear for interviews at the Illinois Employment and Training Center (IETC) or Department of Employment Security's Job Service offices when required.

 

b)         Additionally, participants who are part-time employed must:

 

1)         continue their part-time employment; and

 

2)         not voluntarily reduce their work hours, unless such reduction is consistent with the next steps in the Responsibility and Services Plan.

 

c)         Failure of an individual to participate/cooperate with the TANF employment and work activity requirements listed in this Section, without good cause, will result in sanction as outlined in Section 112.79.

 

d)         Failing to achieve certain grades or competency levels or goals in educational, training or work activity shall not constitute failure to participate in TANF but shall be addressed through a review of the Responsibility and Services Plan requested by the participant or Department.

 

e)         Refusal of an individual to participate in TANF employment and work activities shall make the case ineligible if the person is required to be in the assistance unit.  If the individual is not required to be in the assistance unit, that individual shall be ineligible for cash assistance.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.73  Adolescent Parent Program (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.74  Responsibility and Services Plan

 

a)         Family Assessment to Develop a Responsibility and Services Plan

 

1)         All individuals shall undergo a Family Assessment to develop a Responsibility and Services Plan.  This provision does not apply to individuals acting as Representative Payees for child-only cases.

 

2)         The Family Assessment shall include collection of information on the individual's and family's background, proficiencies, skills deficiencies, education level, work history, employment goals, interests, aptitudes and employment preferences, as well as factors affecting employability or ability to meet participation requirements (for example, eligibility for exemption, health, physical or mental limitations, child care, domestic violence, sexual violence, substance abuse, family circumstances and problems including the need of any child of the individual).  As part of the assessment process, individuals and TANF staff shall work together to identify any supportive service needs required to enable them to participate in TANF employment or work activities and meet the objectives of their Responsibility and Services Plan (see Section 112.82).  The Family Assessment may be conducted through various methods such as interviews, testing, counseling and self-assessment instruments.

 

3)         The Family Assessment and Responsibility and Services Plan must:

 

A)        contain an employment goal of the participant and the steps to achieve it;

 

B)        describe the services to be provided by the agency including child care and other supportive services;

 

C)        describe the activities such as activity assignment that will be undertaken by the participant to achieve the employment goal; and

 

D)        describe any other needs of the family such as participation by a child in drug education or in life skills planning sessions.

 

4)         The Responsibility and Services Plan shall take into account:

 

A)        the participant's supportive service needs;

 

B)        the participant's skills level and aptitudes;

 

C)        local employment opportunities;

 

D)        to the maximum extent possible, the preferences of the participant;

 

E)        final approval of the plan rests with the DHS staff pursuant to TANF program requirements; and

 

F)         the participant will sign and receive a copy of the Responsibility and Services Plan.

 

b)         Occurrence of the Family Assessment and Responsibility and Services Plan

 

1)         The Family Assessment shall take place before a participant is assigned to any education, training or work activity on the Responsibility and Services Plan. Such assignment may not begin until at least 30 days after the date of application.

 

2)         The participant will be notified, in writing, of the Family Assessment meeting.

 

c)         During the Family Assessment, the Responsibility and Services Plan will be completed to determine the individual's and family's level of preparation for employment and needed services.  Upon initial screening, a determination for job readiness will be based on an individual having a high school diploma/GED, not requiring substance abuse treatment, and having worked more than three consecutive months in the last 12 calendar months. This determination needs to be considered in conjunction with other issues such as the individual's barriers, the local labor market, and the work place skill of the client.  The preference of the individual will be taken into account in the development of the Responsibility and Services Plan to the maximum extent possible and appropriate.   As part of the assessment process, individuals and TANF staff may work together to identify any supportive service needs required to enable them to participate in employment and work and meet the objectives of their Responsibility and Services Plan (see Section 112.82).  In the assessment process, the Department shall offer standard literacy testing and a determination of English language proficiency to determine appropriate work or training activities.  The Department shall provide standard literacy testing and a determination of English language proficiency for those who accept the offer.  Literacy level is defined as reading at a 9.0 grade level or above.  In the assessment process and development of a Responsibility and Services Plan, the Department shall take into account the factor of domestic or sexual violence in determining the work and training activities that are appropriate.  Waivers shall be granted in accordance with Section 112.6 when compliance with requirements would make it more difficult for an individual to escape domestic or sexual violence or subject the individual to further risk of domestic or sexual violence.  Based on the completed assessment, the individual's Responsibility and Services Plan activities will be determined.

 

d)         Review

 

1)         A review will be conducted to assess a participant's progress and to revise the Responsibility and Services Plan, if needed. The review shall occur at least at the following times:

 

A)        upon completion of a program or activity and before assignment to an activity;

 

B)        upon the request of the participant;

 

C)        if the individual is not cooperating with the requirements of the program;

 

D)        if the individual has failed to make satisfactory progress in an education or training program;

 

E)        upon completion of an academic term;

 

F)         upon referral from DES, IETC, or other entities;

 

G)        every six months at a minimum; or

 

H)        at any time deemed appropriate under the Plan.

 

2)         The review may be conducted through various methods such as interviews, testing, counseling and self-assessment instruments.

 

3)         The review will include an evaluation of the participant's progress towards the employment goal.  If progress is lacking, the participant may be reassigned to a more appropriate activity.

 

e)         If an individual who is required to participate in the program fails to appear for the scheduled assessment interviews or comply with the assessment process, without good cause, the case is ineligible.

 

f)         TANF employment and work activity participation shall not be required in the event that supportive services are needed for effective participation but are unavailable from the Department or from some reasonably available source (for example, child care for a child under age 13).

 

g)         Teen parents have their own Responsibility and Services Plan defining the responsibilities the young parent must meet to receive TANF cash assistance and what services the Department agrees to provide.  The plan outlines family needs, the required activities and necessary supportive services.  The plan must be signed by both the young parent and the case manager.  The plan sets the following goals for the young parent and describes how the Department will help the young parent meet these goals:

 

1)         to attend school to complete a high school education;

 

2)         to establish paternity for the young parent's child or children and obtain child support;

 

3)         to improve the young parent's parenting skills; and

 

4)         to seek and obtain full-time employment when job ready.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.75  Teen Parent Personal Responsibility Plan (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.76  TANF Orientation

 

At the time of application or at the time of the first face-to-face contact, all TANF applicants and recipients will be informed in writing and orally, if appropriate, of the availability of the TANF employment and work activities and of the supportive services for which they might be eligible and of the agency and participant responsibilities.  This includes the following:

 

a)         education, employment and training opportunities available;

 

b)         supportive services including child care, transportation, Work Pays;

 

c)         the obligation of the agency to provide supportive services;

 

d)         the rights and responsibilities of participants under the Plan, including exemption and good cause criteria and procedures;

 

e)         the types and locations of child care services including the local Child Care Resource and Referral (CCR&R);

 

f)         the consequences of failing to complete participation requirements under the Plan;

 

g)         if nonexempt, the fact that the individual is nonexempt and is required to participate consistent with his or her Responsibility and Services Plan;

 

h)         the right to appeal any action, request a change in the Plan or to reschedule an appointment;

 

i)          the Family Assessment and Responsibility and Services Plan; and

 

j)          general participation requirements (for example, appearing for scheduled meetings, responding to a job referral, accepting a bona fide offer of suitable employment (see Section 112.72)).

 

(Source:  Amended at 32 Ill. Reg. 2767, effective February 7, 2008)

 

Section 112.77  Reconciliation and Fair Hearings

 

a)         The Department shall establish a reconciliation procedure to assist in resolving disputes related to any aspect of participation, including exemptions, good cause, sanctions or proposed sanctions, supportive services, Responsibility and Services Plan, assignment to activities, suitability of employment, or refusals of offers of employment. Through the reconciliation process, the Department will have a mechanism to identify good cause, ensure that the client is aware of the issue, and enable the client to perform required activities without facing sanction.

 

b)         A TANF participant may request reconciliation and receive notice, in writing, of a meeting.  Reconciliation must begin within 14 work days upon request or from the participant's failure to meet TANF employment and work activity requirements.  At least one face-to-face meeting may be scheduled with TANF staff and the participant to resolve misunderstandings or disagreements related to program participation and situations which may lead to a potential sanction. The meeting will include the participant, the TANF worker and a representative, if desired. The meeting will address the underlying reason or reasons for the dispute and plan a resolution to enable the individual to participate in TANF employment and work activity requirements. Reconciliation may be completed by telephone if both parties agree.

 

c)         The reconciliation process shall continue after it is determined that the individual did not have good case for non-cooperation.  Any necessary demonstration of cooperation on the part of the participant will be part of the reconciliation process. Failure to demonstrate cooperation will result in immediate sanction.

 

d)         During the reconciliation process, the following is completed:

 

1)         a discussion of the nature of the problem or dispute and potential resolution;

 

2)         an explanation of the individual's rights and responsibilities;

 

3)         a review of the Responsibility and Services Plan;

 

4)         a discussion of expectations of the participant and TANF;

 

5)         development of a reconciliation agreement and fulfillment of it following the reconciliation meeting.  The requirement(s) of the agreement cannot be contrary to TANF employment and work activity requirements; and

 

6)         for the first instance of non-cooperation, if the client reaches agreement to cooperate, the client is allowed 30 days to demonstrate cooperation before any sanction activity would be imposed.  For any subsequent instances of non-cooperation, the client would be provided with the opportunity to show good cause or remedy the situation by immediately complying with the requirement or a sanction will be imposed.

 

e)         TANF staff will document, in the case record, the proceedings of the reconciliation and provide the client, in writing, with a reconciliation agreement.

 

f)         If reconciliation resolves the dispute, no sanction will occur.  If the client fails to comply with the reconciliation agreement, the Department will then immediately impose the original sanction. If the dispute cannot be resolved during reconciliation, a sanction will not occur until the reconciliation process is complete.  The participant has the right to request an appeal hearing through the Department's fair hearing process.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.78  TANF Employment and Work Activities

 

a)         Education Directly Related to Employment

Adult clients who have not received a high school diploma or GED and need further education to obtain a specific occupation, job, or job offer are placed in this program.  It consists of Adult Basic Education (ABE), and English-as-a-Second-Language (ESL) programs.  Clients may be required, in coordination with the education schedule, to participate in Job Readiness activities, job skills training, Job Search, and/or Work Experience at the same time they are attending the education/training program to the extent resources will allow.

 

1)         Assignment to Education Directly Related to Employment

 

A)        Individuals to be assigned to Education may include but are not limited to individuals:

 

i)          who have limited English proficiency; and

 

ii)         who do not read at or above a 9.0 grade level.

 

B)        Educational activities may be combined with other activities if it is determined appropriate.

 

2)         Approval Criteria for Education Directly Related to Employment

 

A)        The program selected by the individual must be accredited under State law.

 

B)        The individual's program must be needed for the participant to complete his or her Responsibility and Services Plan.

 

C)        The individual must be enrolled full-time as defined by the institution or part-time if a full-time program is not available or appropriate.

 

D)        When programs of comparable quality are available in more than one geographical area, the program selected will be the least costly in supportive service costs to the Department.  When programs of comparable quality are available in the same geographical area, the individual may select a preferred program.

 

3)         Participation Requirements

 

A)        Participation must be full-time unless a full-time program is not readily available or a part-time program is most appropriate based on the individual's or family's circumstances.

 

B)        Clients attending a program administered by the Illinois State Board of Education (ISBE) must maintain satisfactory progress as determined by the following:

 

i)          active participation and pursuit of educational objectives;

 

ii)         teacher's written remarks;

 

iii)        grades;

 

iv)        demonstrated competencies;

 

v)         classroom exercises; and

 

vi)        periodic test/retest results.

 

C)        ISBE educational providers determine satisfactory progress based on a combination of the indicators listed above and test/retest results.  The determination of satisfactory progress including test/retest results must be reported upon completion of the academic term or twice a year if the program is continuous for 12 months.

 

D)        Clients attending a program not administered by ISBE must maintain satisfactory progress as determined by the written policy of the institution.  The determination of satisfactory progress including test/retest results must be reported upon completion of the academic term or twice a year if the program is continuous for 12 months.

 

E)        Curriculum changes must be made with the prior approval of TANF staff and will be approved when the change is consistent with the Responsibility and Services Plan.

 

F)         Participation in Education Directly Related to Employment is a secondary activity that can be counted for a maximum of 10 hours per week when the client is also engaged in work or a countable work or training activity for 20 hours per week.

 

b)         Vocational Training

Vocational Training is designed to increase the individual's ability to obtain and maintain employment.  Vocational Training activities will include vocational skill classes designed to increase a participant's ability to obtain and maintain employment.  Vocational Training may include certificate programs.  Participants who are not working are limited to short-term Vocational Training programs lasting less than 12 months and may be required, in coordination with the education/training schedule, to participate in Job Readiness activities, job skills training, Job Search, and/or Work Experience at the same time they are attending the education/training program to the extent resources will allow.

 

1)         Approval Criteria For Vocational Training

 

A)        The individual's program must be accredited under requirements of State law.

 

B)        The individual must be underemployed or unemployed and in need of additional training and the training will better prepare the participant to enter the labor force.

 

C)        Co-enrollment in Education Directly Related to Employment and Vocational Training is encouraged if the individual does not have a high school diploma or GED.

 

D)        The individual must apply for all available educational benefits such as the Pell Grant and scholarships from the Illinois Student Assistance Commission as well as any scholarship or grants identified by the education or training facility for which the participant may be eligible.

 

E)        The individual must be enrolled full-time as defined by the institution or part-time if full-time is not available or appropriate.

 

F)         Clients who are working at least 20 hours per week (10 hours per week if their youngest child is under age six) and whose combined work plus credit hours or class hours, as appropriate, equal at least 30 hours (20 hours if their youngest child is under age six) each week may be approved for vocational training after the 12-month limitation.

 

G)        The individual must be in a program needed for the individual to obtain employment in a recognized occupation.

 

H)        Jobs must be available in the chosen field in a specific geographical area where the individual intends to work consistent with the individual's Responsibility and Services Plan upon completion.

 

I)         When programs of comparable quality are available in more than one geographical area, the program selected will be the least costly in supportive service costs to the Department.  When programs of comparable quality are available in the same geographical area, the individual may select a preferred program.

 

J)         Vocational Training may be combined with other activities if it is determined appropriate.

 

K)        The individual must possess the aptitude, ability and interest necessary for success in the selected program as determined by such factors as test results and educational/training background.

 

2)         Participation Requirements

 

A)        Participation must be full-time unless a full-time program is not readily available or a part-time program is most appropriate based on the individual's or family's circumstances.

 

B)        The individual must maintain a "C" average if this measurement is used by the institution to determine satisfactory progress.  The individual will be allowed one semester below a "C" average to bring the grades up to a "C" average.  When grades are not used, progress will be determined by the written policy of the institution to establish a comparable grade level upon completion of the academic term.

 

C)        The individual must participate the assigned number of hours each week.

 

D)        The client must complete all scheduled program enrollment hours each academic term to maintain satisfactory progress, except in the following situation.  If the client withdraws from one or more scheduled courses during an academic term, the client must complete all scheduled enrollment hours during the following academic term.  The client may withdraw from one or more scheduled classes in more than one academic term, but must complete all scheduled enrollment hours the following academic term to maintain satisfactory progress.

 

E)        Curriculum changes must be made with the prior approval of TANF and will be approved when the change is consistent with the Responsibility and Services Plan.

 

c)         Education at Secondary School

 

1)         A minor parent age 19 or under who has not completed secondary school or received his or her GED is placed in this program.  Regular attendance at a secondary school or in a course of study leading to a GED is required.  The client must make satisfactory progress as defined by a passing grade.  Grades must be reported upon completion of the academic term or twice a year if the program is continuous for 12 months.  If it is determined that secondary school is inappropriate or not the best option for an 18 or 19 year old parent, the 18 or 19 year old parent may be assigned to work activities or training.

 

2)         Adult Client

The Department shall approve participation in high school or a high school equivalency program upon written or oral request of the adult client if he or she has not already earned a high school diploma or a high school equivalency certificate.  However, participation may be delayed as part of an applicant's or recipient's personal plan for achieving employment and self-sufficiency if it is determined that the benefit from participating in another activity would be greater to the client than participation in high school or a high school equivalency program.  The availability of high school or high school equivalency programs may also delay enrollment in these programs.  The Department shall treat these activities as a core activity as long as satisfactory progress is made, as determined by the high school or high school equivalency program.  (See subsections (a)(3)(B) through (E) for criteria to determine satisfactory progress.)  Proof of satisfactory progress shall be provided by the client or the school at the end of each academic term.  The Department shall treat participation in high school or a high school equivalency program as a core activity and shall count participation in high school or a high school equivalency program toward the first 20 hours per week of participation.

 

d)         Job Skills Training Directly Related to Employment

 

1)         Description of Job Skills Training

Job skills training directly related to employment is training and education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace.  This can include literacy instruction or language instruction when the instruction is explicitly focused on skills needed for employment.

 

2)         Assignment to Job Skills Training

A client may be assigned to Job Skills Training when:

 

A)        The client is working or in another countable work or training core activity at least 20 hours per week.

 

B)        The client needs additional training to qualify for or to retain employment in a recognized occupation that will make the family self-supporting.

 

C)        The client has a GED or high school diploma, if it is required for training or employment in the chosen field.

 

D)        The client has the ability and interest needed for success in the training.  This is determined by test results, educational/training background, and talking to the client.

 

E)        Jobs are available in the chosen field in which the client intends to work.

 

e)         Job Readiness

 

1)         The Job Readiness activities are designed to enhance the quality of the individual's level of participation in the world of work while learning the necessary essentials to obtain and maintain employment.  These activities help individuals gain the necessary job finding skills to help them find and retain employment that will lead to economic independence.

 

2)         Assignment to Job Readiness

Job Readiness activities may be combined with other activities if it is determined appropriate.

 

3)         Participation requirements

 

A)        Participation must be full-time unless a full-time program is not readily available or a part-time program is most appropriate based on the individual's or family's circumstances.

 

B)        The individual must attend all scheduled classes or sessions.  The individual must be making satisfactory progress as defined by the written policy of the job readiness provider and approved by the Department. 

 

C)        The individual must participate the number of assigned hours each week.

 

D)        The individual must respond to a job referral, accept employment and respond to mail-in contact.

 

f)         Job Search

 

1)         Description of Job Search

Job Search may be conducted individually or in groups.  Job Search may include the provision of counseling, job seeking skills, training and information dissemination.  Group Job Search may include training in a group session.

 

2)         Assignment to Job Search

 

A)        If assessed as job ready, participants will be assigned to Job Search.  If job ready clients are unable to find employment on their own, they will be reassessed and may be placed in a more appropriate activity within six months.

 

B)        Individuals completing education or vocational training or Job Readiness training may be assigned to Job Search.

 

C)        Job Search may be combined with other activities if it is determined appropriate.

 

3)         Participation Requirements

 

A)        Participants must attend all scheduled classes or sessions. Participants will be notified in writing of all meetings.

 

B)        Individuals must contact employers in an effort to secure employment. 

 

C)        Acceptable employer contacts may include but are not limited to:

 

i)          a face-to-face contact with an employer or the employer's representative;

 

ii)         the completion and return of an application to an employer, including an online application;

 

iii)        the completion of a civil service test required for employment with State, local, or the federal government or the completion of a Department of Employment Security (DES) screening test;

 

iv)        the completion and mailing of a resume with a cover letter to a recognized employer;

 

v)         reporting to the union hall for union members verified to be in good standing; or

 

vi)        registration with DES/Illinois Employment and Training Center (IETC).

 

g)         Community Work Experience

TANF participants who have not found employment and who need orientation to work, work experience or training are placed on a supervised work assignment to improve their employment skills through actual Work Experience at private or not-for-profit employers, organizations and governmental agencies.  Participants are referred to work assignments as vacancies are available.  Participants in Work Experience may perform work in the public interest (which otherwise meets the requirements of this Section) such as enrollment as a full-time AmeriCorps VISTA volunteer or Job Corps participant under Title I of the 1973 Domestic Volunteer Services Act (42 USC 4951 et seq.) for a Federal office or agency with its consent, and, notwithstanding 31 USC 1342 or any other provision of law, such agency may accept such services but such participants shall not be considered to be federal employees for any purpose.

 

1)         Assignment to Community Work Experience

 

A)        Community Work Experience is for:

 

i)          participants who will benefit from working for an employer who provides a subsidized employment assignment to improve the individual's opportunity to attain self-sufficiency; or

 

ii)         participants who need experience to prevent deterioration of, or to enhance, existing skills (for example, typing).

 

B)        Entry into Community Work Experience

Participants are determined to be appropriate for Community Work Experience activity based on an assessment of their education, training and employment history.  Procedures used in the assessment are a face-to-face meeting with the participant and a review of all available information on the participant (including, but not limited to, the individual's case record and Responsibility and Services Plan).

 

C)        Community Work Experience Positions

Participants shall be assigned to a Community Work Experience position to increase the potential for attaining employment.  The date participants are scheduled to begin the work assignment marks the beginning of participation in Community Work Experience.  Community Work Experience activities may be combined with other activities if it is determined appropriate.

 

D)        Enrollment as a full-time Americorps VISTA volunteer or Job Corps participant under Title I of the 1973 Domestic Volunteer Services Act (42 USC 4951 et seq.) is an allowable work activity.  Paid work study and some paid Workforce Investment Act (WIA) programs are also allowable.

 

2)         Participation Requirements

 

A)        The hours of the work assignment for a calendar month shall not exceed the family's monthly TANF grant and food stamp allotment divided by the higher of the State or federal minimum wage.  When this calculation results in less than 20 hours, the 20 hour TANF work requirement will be deemed met when the individual is working the maximum number of hours permitted under this calculation.

 

B)        During work assignment, participants shall be required to perform Job Search activities unless a participant is in an education and training program.  Participants are required to accept bona fide offers of employment pursuant to Section 112.72.

 

C)        Participants are also required to report as scheduled and on time to their Work Assignment Sponsor when notified of an assignment.  When they cannot report to their work assignment or if they will be late, they are to immediately notify their Work Assignment Sponsor.

 

D)        Participants must participate the number of assigned hours each week.

 

3)         Review

Every six months, the participant's Responsibility and Services Plan will be reviewed.  If continuing the work assignment will benefit participants in terms of furthering work skills (see subsections (g)(1)(A) and (B)), participants shall be reassigned to the same or another work assignment.  In addition, participants will be assessed for assignment to another TANF activity.

 

4)         Length of Assignment

Participants must participate in Work Experience for as long as the Responsibility and Services Plan reflects the need for this activity.

 

5)         Anti-Displacement

Community Work Experience is subject to the provisions of Section 112.78(q).

 

h)         On the Job Training (OJT)

In OJT, a participant is hired by a private or public employer and while engaged in productive work receives training that provides knowledge or skills essential to full and adequate performance of the job.

 

1)         Assignment to OJT

 

A)        Job ready individuals may be assigned to OJT.

 

B)        OJT participants shall be compensated at the same rate and with the same benefits as other employees.

 

C)        Wages to participants in OJT shall not be less than the higher of the State or federal minimum wage.

 

D)        Wages to participants in OJT are considered earned income.

 

E)        OJT may be combined with other component activities if it is determined appropriate.

 

2)         Participation Requirements

The individual must participate the assigned number of hours each week.

 

3)         Supportive Services

Participants in OJT receive child care and Medicaid benefits.

 

i)          Work Supplementation Program

 

1)         The Work Supplementation Program develops employment opportunities for TANF recipients by paying wage subsidies to employers who hire program participants.  The program is funded by diverting the cash grant an individual would receive if not employed and using the diverted grant to pay a wage subsidy to the employer who hires the recipient.  The goal of the Work Supplementation Program is to obtain jobs for TANF recipients, who might not be hired without a subsidy, with sufficient pay to take them off TANF.

 

2)         Eligible Participants

 

A)        TANF participants who meet the selection criteria listed in subsection (i)(2)(B) are eligible to participate in the Work Supplementation Program.  Participation in the program is voluntary.  A TANF recipient who wants to participate in the Work Supplementation Program must agree to all provisions in this Section during the time of participation in the program.

 

B)        In order to place special emphasis on people who would not be likely to obtain a job without work supplementation, TANF recipients must meet the following criteria for selection to participate in the Work Supplementation Program:

 

i)          the recipient must be the parent of at least one of the children in the TANF unit;

 

ii)         the recipient must have completed the Job Search work activity; and

 

iii)        the recipient must have no income other than TANF benefits.

 

C)        Recipients identified for employment must be determined eligible for participation by their worker.  The worker will recommend for participation in the Work Supplementation Program those participants who are likely to encounter difficulty in obtaining employment (for example, lack of skills for which jobs are available in the area, lack of work history).

 

D)        Nothing in this Section should be construed as providing any recipient the right to participate in the program.

 

3)         Benefits and Reporting Requirements While Participating in the Work Supplementation Program

 

A)        Participants in the Work Supplementation Program are considered to be TANF recipients and remain eligible for Medical Assistance for the duration of their Work Supplementation Program participation.  Child care, for cases that are eligible for a cash grant, will be regarded as employment child care.

 

B)        The participant must agree to accept wages from employment, which will be at least an amount which would be earned by working full time (30 hours minimum) at the prevailing minimum wage, less applicable payroll taxes.

 

C)        Participants are required to file reports every six months as a requirement for continuing eligibility.  

 

D)        Wages paid under a Work Supplementation Program shall be considered to be earned income for purposes of any provision of law (42 USC 1614(e)(3)).

 

4)         Duration of Program Participation

 

A)        Participants may not exceed a total of six months in the Work Supplementation Program subsidized placements regardless of the number of times an individual becomes a TANF recipient.  The period of a single assignment is dependent upon the terms of the Work Supplementation Program contract that has been developed with the employer.  Recipients will be informed of the length of the Work Supplementation Program subsidy period prior to placement.

 

B)        Participants who leave a supported work position without good cause (as defined in Section 112.80) are removed from the Work Supplementation Program and are subject to sanction.

 

5)         Contracts with Employers

 

A)        Employers that participate in the Work Supplementation Program must enter into a written contract with the Department prior to receiving referrals.

 

B)        Employers must be in good standing (that is, in compliance with all applicable federal, State, county and local laws, regulations and ordinances) with the Illinois Department of Revenue, the Secretary of State and any and all regulatory agencies that have jurisdiction over their activities.

 

C)        Employers agree to screen clients to hire on their own payroll after six months.  Failure to do so will result in the employer being terminated from the program.

 

6)         Calculation of the Diverted Grants

 

A)        The level of grant to be diverted is determined on a prospective basis when a work assignment under the Work Supplementation Program is made.  The effective date of the diverted grant is the first day of the first full month of Work Supplementation Program wages.

 

B)        Work Supplementation Program participants are eligible only for the earned income budgeting disregards provided in Sections 112.141 and 112.143.  The difference between the flat grant amount and revised amount is diverted to the wage pool.

 

C)        The difference between the payment level and the grant the participant receives is diverted and used in whole or in part to pay a wage subsidy to the employer.

 

7)         Program Completion

If the participant is no longer eligible for TANF benefits after the Work Supplementation Program period, a determination of continued medical eligibility shall be made in accordance with Section 112.330.

 

8)         Anti-Displacement

The Work Supplementation Program is subject to the provisions of Section 112.78(q).

 

j)          Bachelor Degree Program

A Bachelor Degree Program must be administered by an educational institution accredited under requirements of State law including, but not limited to, the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 [225 ILCS 410], the Real Estate License Act of 2000 [225 ILCS 454], the Public Community College Act [110 ILCS 805], the University of Illinois Act [110 ILCS 305], the Chicago State Universities Law [110 ILCS 660], the Eastern Illinois University Law [110 ILCS 665], the Governors State University Law [110 ILCS 670], the Illinois State University Law [110 ILCS 675], the Northeastern Illinois University Law [110 ILCS 680], the Northern Illinois University Law [110 ILCS 685], the Western Illinois University Law [110 ILCS 690] and the Southern Illinois University Management Act [110 ILCS 520].

 

1)         Approval Criteria For a Bachelor Degree Program

 

A)        The individual must have a high school diploma or a GED.

 

B)        Approval of a Bachelor Degree program is part of the process of developing the Responsibility and Services Plan (RSP) with the client.  Factors to consider when determining whether a Bachelor Degree program is appropriate include, but are not limited to, the client's educational and work history, the client's aptitude for further education, the client's career goal, the client's ability to finance tuition and other expenses not provided by the Department, and the client's ability to arrange transportation, child care and other family obligations.

 

C)        The individual must be enrolled full-time as defined by the institution or part-time if a full-time program is not available or appropriate to upgrade skills for current employment.

 

D)        The individual must be in a program needed for the individual to obtain employment in a recognized occupation or upgrade skills for current employment.

 

E)        The individual does not already possess a baccalaureate degree or an associate degree if the Responsibility and Services Plan goal is an associate degree.

 

F)         If the participant possesses a baccalaureate degree, no additional education may be approved.

 

G)        The individual's program must be accredited under requirements of State law.

 

H)        If needed, the individual must apply for all available educational benefits, such as the Pell Grant and scholarships from the Illinois Student Assistance Commission, as well as any scholarship or grants identified by the education or training facility for which the participant may be eligible.

 

I)         Jobs, consistent with the individual's Responsibility and Services Plan, must be available in the chosen field in a specific geographical area where the individual intends to work upon program completion.

 

J)         When programs of comparable quality are available in more than one geographical area, the program selected will be the least costly in supportive service costs to the Department.  When programs of comparable quality are available in the same geographical area, the individual may select a preferred program.

 

K)        The program selected may be no more than a program that will result in the receipt of a baccalaureate degree consistent with the Responsibility and Services Plan.

 

L)        For category 04 (one parent) cases, the individual, unless exempted under subsection (i)(1)(N) of this Section, must also be employed in unsubsidized work for at least 20 hours each week or be participating for at least 20 hours per week in one or more of the paid or unpaid work activities listed in this subsection (j)(1)(L).  In addition, the combined work or work activities plus credit hours or class hours, as appropriate, must equal at least 30 hours per week.

 

i)          Work study;

 

ii)         Practicums, clinicals, or vocational internships such as student teaching, if required by the institution to complete the educational program;

 

iii)        Apprenticeships;

 

iv)        Self-employment; or

 

v)         Enrollment as a full-time Americorps VISTA volunteer or Job Corps participant under Title I of the 1973 Domestic Volunteer Services Act (41 USC 4951 et seq.).

 

M)       For category 06 (two parent) cases, the parents in the case must be working or involved in approved work activities for a total of 35 hours per week, individually or combined.

 

N)        Clients in a category 04 case with an approved RSP for full-time Bachelor Degree program and a cumulative 2.5 or better grade point average (on a 4.0 scale) may not be subject to the minimum work requirement, described in subsection (i)(1)(L), as follows:

 

i)          For the first semester, while the client is establishing a grade point average, the client will not be subject to the minimum work requirement.  If a 2.5 grade point average is not achieved in the first semester, the client will be subject to the minimum work requirement in the second semester.

 

ii)         As long as the client's cumulative GPA remains at least 2.5, the client will not be subject to the minimum work requirement.

 

iii)        If the client's cumulative GPA falls below 2.5 at any time, the client may continue to go to school full-time for another semester without being subject to the minimum work requirement.

 

iv)        If the cumulative GPA is below 2.5 two semesters in a row, the client will be subject to the minimum work requirement.

 

O)        Individuals who lose employment, unless due to a temporary scheduled employer shutdown, can continue in a Bachelor Degree program and receive supportive services, if eligible, during the current semester while they seek employment.  If the individual has not reentered employment by the end of the current semester, the individual will not continue in post-secondary education and receive supportive services, but will be reassigned to another appropriate activity.

 

2)         Participation Requirements

 

A)        The individual must maintain a "C" average if this measurement is used by the institution to determine satisfactory progress.  The individual would be allowed one semester below a "C" average to bring the grades up to a "C" average.  When grades are not used, satisfactory progress will be determined by the written policy of the institution to establish a comparable grade level upon completion of the academic term.

 

B)        The client must complete all scheduled program enrollment hours each academic term to maintain satisfactory progress, except in the following situation.  If the client withdraws from one or more scheduled courses during an academic term, the client must complete all scheduled enrollment hours during the following academic term.  The client may withdraw from one or more scheduled classes in more than one academic term but must complete all scheduled enrollment hours the following academic term to maintain satisfactory progress.

 

C)        Curriculum changes must be made with the approval of the TANF worker and will be approved when the change is consistent with the Responsibility and Services Plan.

 

k)         Job Development and Placement (JDP)

 

1)         TANF staff shall develop through contacts with public and private employers unsubsidized job openings for participants.  Job interviews will be secured for clients by the marketing of participants for specific job openings.

 

2)         Assignment to JDP

Job ready individuals may be assigned to JDP.

 

l)          Job Retention

Job Retention is designed to assist participants in retaining employment.  Job Retention expenses are provided.  The individual's supportive service needs are assessed and the individual receives counseling regarding Job Retention skills.  Counseling or job coaching may continue after employment begins as long as the individual continues to receive TANF.

 

m)        Community Service

Community Service is a structured program of activities in which the client performs work for the direct benefit of the community.  Community Service programs serve a useful community purpose in fields such as health, social service, environmental protection, education, urban and rural redevelopment, welfare, recreation, public facilities, public safety, and childcare.  Community service can occur at locations such as libraries, area schools, soup kitchens, food pantries, senior citizen centers, nursing homes, hospitals, social service agencies and homeless shelters.

 

1)         Community Service Positions

Clients shall be assigned to a Community Service position to increase the potential for attaining employment.  Each Community Service position will have a position description that describes the duties and the expectations of clients assigned to Community Service.  The date a client is scheduled to begin the Community Service assignment marks the beginning of participation in Community Service.  Community Service activities may be combined with other activities if it is determined appropriate.

 

2)         Participation Requirements

 

A)        The hours of the Community Service assignment for a calendar month shall not exceed the family's monthly TANF grant and food stamp allotment divided by the higher of the State or federal minimum wage.  When this calculation provides less than 20 hours, the 20 hours will be deemed met when the individual is participating in the maximum number of hours permitted under the minimum wage provision.

 

B)        During Community Service assignment, participants shall be required to perform Job Search activities unless a participant is in an education and training program or is not job ready.  Participants are required to accept bona fide offers of employment pursuant to Section 112.72.

 

C)        Participants are also required to report as scheduled and on time to their Community Service sponsor when notified of an assignment.  When they cannot report to their work assignment or if they will be late, they are to immediately notify their Work Assignment Sponsor.

 

D)        Participants must participate in the number of assigned hours each week.

 

3)        Review

At the reassessment the participant is assigned to the more structured Work Experience activity when the participant becomes more job ready.

 

n)         Substance Abuse

 

1)         Selection of Participants

If alcohol or substance abuse is suspected as a barrier to employment during the family assessment process or at an intake interview, the client will be referred for a clinical assessment by an alcohol/substance abuse counselor.  If treatment is indicated, the client will be required to follow-up as a condition of eligibility, unless the client is employed more than 30 hours per week or if treatment resources are not available.

 

2)         Barrier Reduction Activity

Clients participating in alcohol/substance abuse treatment in accordance with their Responsibility and Services Plan are participating in a barrier reduction activity.

 

3)         Supportive Services

Supportive services, i.e., child care and transportation, will be provided to enable clients' participation in treatment, to the extent resources are available.

 

4)         Sanctions

 

A)        Reconciliation will be attempted with clients who fail to cooperate with their treatment plan.  Cooperation with the treatment plan will be defined by the alcohol/substance abuse provider, based on uniform guidelines.

 

B)        When reconciliation is unsuccessful, the TANF sanctions will apply.

 

o)         Domestic or Sexual Violence

 

1)         Selection of Participants

All clients receiving TANF will have a family assessment completed.  If domestic or sexual violence is a barrier to employment, the client will be referred to a domestic or sexual violence service provider.

 

2)         Barrier Reduction Activity

Clients participating in domestic violence abuse treatment in accordance with their Responsibility and Services Plan are participating in a barrier reduction activity.

 

3)         Supportive Services

Supportive Services, i.e., child care and transportation, will be provided to enable clients' participation in treatment, to the extent resources are available.

 

4)         Sanctions

If the individual does not comply with the Responsibility and Services Plan relating to domestic or sexual violence, a sanction will not be imposed.  The Responsibility and Services Plan will be reviewed, and other work related activities will be developed.  Compliance will be required for the new activities.

 

p)         Anti-Displacement and Grievance Procedure

 

1)         An employer may not utilize a work activity participant if such utilization would result in:

 

A)        the displacement or partial displacement of current employees, including but not limited to a reduction in hours of non-overtime or overtime work, wages, or employment benefits; or

 

B)        the filling of a position that would otherwise be a promotional opportunity for current employees; or

 

C)        the filling of a position created by or causing termination, layoff, a hiring freeze, or a reduction in the workforce; or

 

D)        the placement of a participant in any established unfilled vacancy; or

 

E)        the performance of work by a participant if there is a strike, lockout, or other labor dispute in which the employer is engaged.

 

2)         An employer who wishes to utilize work activity participants shall notify the appropriate labor organization in accordance with Section 9A-13 of the Public Aid Code.

 

3)         Participants, other employees at the work site or their representative, may file a grievance with the Department if they believe the participant's work assignments are causing displacement.  In order for the Department to consider a grievance, it must be in writing and contain the following information:

 

A)        the name and address of the participant or other employee at the work site (the grievant);

 

B)        the participant's case number (if grievant is participant);

 

C)        the grievant's Social Security number;

 

D)        Work Experience (work site); and

 

E)        a statement as to why the grievant believes the participant is causing displacement.

 

4)         Within ten days after receipt of a written grievance, the Department shall arrange an in-person conference with:

 

A)        the grievant;

 

B)        the grievant's representative, if any;

 

C)        the Work Experience Sponsor;

 

D)        the Work Experience Sponsor's representative, if any; and

 

E)        the Department's representative.

 

5)         At the in-person conference, the Department shall solicit and receive from the grievant and the Work Experience Sponsor any documents and statements relevant to the matters alleged in the grievance.  The Work Experience Sponsor shall provide whatever documents or other information is requested by the grievant and/or the Department.

 

6)         Within 15 days after the in-person conference, the Department shall advise the participant or other employee at the work site and the Work Experience Sponsor in writing of the information obtained in the investigation and of the findings and conclusions as to the matters alleged in the grievance.

 

7)         If the Department concludes that displacement occurred (as described in subsection (q)(1)), the Department shall terminate the participant's assignment to that Work Experience Sponsor.  If the Department concludes, as a result of the evidence presented at the conference, that the Work Experience Sponsor has caused displacement by use of TANF participants in addition to the participants involved in the grievance, the Department shall terminate those TANF participants' assignment to that Work Experience Sponsor.

 

8)         The Department, its employees or the Work Experience Sponsor shall not retaliate for filing a grievance or otherwise proceeding under this policy. Retaliation will result in the termination of the Work Experience Sponsor contract.

 

(Source:  Amended at 46 Ill. Reg. 5281, effective March 9, 2022)

 

Section 112.79  Sanctions

 

a)         Sanctions may be imposed against those nonexempt participants who fail to participate without good cause.  Exempt individuals who volunteer to participate are not subject to sanctions.  Sanctions shall be based on instances of non-cooperation that occur on or after July 1, 1997.  Participants who are sanctioned shall have their cash assistance payment reduced by 30 percent of the TANF grant amount designated to the adult member or members of the assistance unit.  The full TANF grant amount is to be restored when an adult member or members are determined to be in compliance with program requirements.

 

b)         Sanction Reasons

Sanctioning of a participant will result from one instance of any of the following without good cause unless reconciliation is successful:

 

1)         failure to respond to a job referral;

 

2)         failure to accept a bona fide offer of suitable employment (see Section 112.72(a)(3) and (4));

 

3)         discontinuing part-time employment;

 

4)         reducing employment;

 

5)         failure to participate in the activity;

 

6)         failure to respond to a written notice for a meeting.  For the purpose of determining attendance at meetings, if participant arrives anytime within 30 minutes after the start of the scheduled meeting, the participant will be considered present and will be seen.  If the participant has good cause (see Section 112.80) for being more than 30 minutes late the tardiness will be excused.  The worker will include the participant in a scheduled group or other meeting or re-schedule the participant for another meeting;

 

7)         failure to make the required number of acceptable employer contacts every 30 days when employer contact activity is required;

 

8)         failure to accept transportation, family counseling, or other social service or employment and training services such as testing or employment counseling, thereby precluding or interrupting participation in work or training activities; or

 

9)         failure to provide verification of education/training activities, employability status, etc.

 

c)         No sanction will be imposed until staff has sent the participant a written notice scheduling a good cause determination/reconciliation meeting to determine whether the participant had good cause for his or her failure to comply with requirements and the participant has either failed to attend the meeting or failed to show good cause.  If the participant failed to show good cause, the reconciliation process will continue (see Section 112.77) to enable resolving disputes related to participation. The written notice shall explain the purpose of the appointment and the consequences for failure to attend or failure to show good cause.  Failure of the participant to appear for the scheduled meeting is not considered an instance of noncooperation.

 

d)         A sanction against participants may be rescinded at any level of the sanction process up through and until the final agency decision, including any appeal hearing, if the participant establishes good cause (see Section 112.80 for good cause criteria).

 

e)         The notice of change form issued for a sanction shall include the following:

 

1)         a description of the acts of noncooperation, including dates when applicable; and

 

2)         a statement that the participant's acts were without good cause (see Section 112.80 for good cause criteria).

 

f)         A sanction under this Section shall not affect receipt of medical assistance.  Likewise, a sanction for child support enforcement, or the school attendance initiative does not affect any instances of non-cooperation under this Section.

 

g)         Individuals who are sanctioned will be contacted at least one time per month to attempt to re-engage the client back into the program. Supportive services (see Section 112.82) will be paid while in sanction status if the individual is participating.  If the family is also sanctioned for failure to cooperate with child support enforcement or school attendance initiative requirements, the sanctions are served simultaneously.

 

h)         A person must cooperate to end the sanction.  When the person cooperates, benefits are restored as of the date of cooperation and a prorated grant amount will be issued for the remainder of that calendar month. The full grant amount will be restored on the first day of the month following a determination that the adult member or members of the assistance unit are in compliance with program requirements and are otherwise eligible for assistance.

 

(Source:  Amended at 44 Ill. Reg. 14692, effective August 26, 2020)

 

Section 112.80  Good Cause for Failure to Comply with TANF Participation Requirements

 

a)         If a participant has good cause for not complying with a TANF participation requirement, financial assistance shall not be discontinued.  Examples of good cause for failure to comply include, but are not limited to:

 

1)         temporary illness for its duration;

 

2)         court required appearance or temporary incarceration;

 

3)         death in the family;

 

4)         extreme inclement weather;

 

5)         lack of any supportive service (see Section 112.82), even though the necessary service is not specifically provided under TANF, to the extent the lack of the needed service presents a significant barrier to TANF participation;

 

6)         The individual is engaged in employment and/or training that is consistent with the employment related goals of the program, and that employment and training is later approved by TANF staff (e.g., a participant is unable to attend an orientation session because she is already attending GED classes);

 

7)         failure of Department staff or contractor to correctly forward the information to TANF staff;

 

8)         attendance at a test or a mandatory class or function at an educational program (including college), when an education/training program is officially approved by TANF. When TANF workers know in advance of the tests and mandatory classes or functions, they shall schedule TANF activities around them if possible;

 

9)         the participant's illiteracy;

 

10)         a determination is made that the participant should be in a different TANF activity;

 

11)         non-receipt by the participant of a notice advising him or her of a participation requirement.  If the  non-receipt of mail occurs frequently, the Department shall explore an alternative means of providing notices of participation requests to participants;

 

12)         non-comprehension of written and/or oral English;

 

13)         child care (or day care for an incapacitated individual living in the same home as a child) is necessary for the participation or employment and that care is not available for a child under age 13;

 

14)         the participant verifies a scheduled job interview, medical appointment for the participant or a household member, or a school appointment for the participant or his or her children;

 

15)         the individual or family is experiencing homelessness.  An individual or family is experiencing homelessness if the individual or family:

 

A)        lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason;

 

B)        is living in a motel, hotel, camping ground or other temporary accommodation due to the lack of alternative accommodations;

 

C)        is living in an emergency or transitional shelter;

 

D)        resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (e.g., residing in a car, park, abandoned building, substandard housing, bus, train station, or similar settings);

 

16)         documented circumstances beyond the control of the participant which prevent the participant from completing program requirements;

 

17)         violations of workplace rights due TANF recipients as determined by the U.S. Department of Labor;

 

18)          receipt of an eviction notice;

 

19)          discontinued utilities; or

 

20)          the individual exits a publicly-funded institution or system of care (such as a healthcare facility, a mental health facility, foster care or other youth facility, or a correction program or institution) without an option to move to a fixed, adequate nighttime residence.

 

b)         The TANF worker may require a participant to document good cause for noncooperation with TANF requirements.

 

c)         No participant shall be denied good cause solely on the basis that he or she failed to notify the Department in advance of a participation requirement. Nevertheless, failure to notify is material and is an important factor if the participant could have notified the Department.

 

(Source:  Amended at 44 Ill. Reg. 14692, effective August 26, 2020)

 

Section 112.81  Responsible Relative Eligibility for JOBS (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.82  Supportive Services

 

a)         TANF participants who work or who are involved in approved activities are eligible to receive supportive service payments to enable them to work or participate in an approved activity to the extent State resources permit and must receive supportive services if required to participate.  Work is defined as employment in a job or self-employment.  An approved activity is defined as an activity that leads toward self-sufficiency and is included in the client's Responsibility and Services Plan.  The Department is not required to provide supportive services unless the Department requires the individual to work or participate in an approved activity.

 

b)         During the Family Assessment, the supportive services needed by the participant which must be discussed and provided or arranged as needed include at least the following:

 

1)         transportation;

 

2)         child care;

 

3)         job search and work activity allowances;

 

4)         employment/job retention expenses;

 

5)         required books, fees, supplies;

 

6)         required physical examinations and medical services (for example, TB test);

 

7)         eyeglasses and dental procedures; and

 

8)         required background checks.

 

c)         These allowances are exempt from consideration in determining the TANF grant amount.

 

d)         Participation in work or in approved activities shall not be required if supportive services are needed for effective participation but unavailable from the Department or some other reasonably available source. Individuals may be required to make a co-payment for child care.

 

e)         Student financial assistance received under Title IV of the Higher Education Act (20 USC 1070 et seq. and 20 USC 1087uu), including but not limited to Federal Pell Grants, Supplemental Educational Opportunity Grants, Byrd Scholarship Honors Program Grants, State Student Incentive Grants, Federal Stafford Loans, Supplemental Loans for Students, Perkins Loans, Federal Work-Study and PLUS Loans, shall be exempt when determining eligibility or need for supportive services under the TANF program (Sections 112.70 through 112.83), or the amount of such supportive services, except as follows.  The Department shall not issue payment for the amount of supportive service needs (other than child care) which the Department is able to conclusively determine have been or will be met from such portion of a student's financial assistance grant as is not disbursed to the student but rather is retained by the educational institution and applied to the cost of a specific educational expense otherwise payable as a supportive service under the TANF program.  The exception shall not apply to the student's loan proceeds, which may never be taken into account in determining the need or eligibility of any student for supportive services, or the amount of such supportive services, under the TANF program. Nor shall the exception apply if the educational institution intermingles student grant and loan proceeds and the Department is unable to conclusively determine the portion of solely grant proceeds that is not disbursed to the student but rather is retained by the educational institution and applied to the cost of a specific educational expense otherwise payable as a supportive service under the TANF program.

 

f)         Eligible Services

 

1)         Transportation

 

A)        If requested and required (for example, a participant who does not have an automobile), expenses for transportation shall be provided to enable participants to attend approved activities and appointments and to begin or keep employment.

 

B)        Transportation expenses are to be paid to permit participation in approved activities or to begin or keep employment including travel necessary to locate appropriate child care.

 

C)        Transportation expenses are to be paid to permit the participant to take a State certification examination.

 

D)        Payment for lodging is permitted with Department approval to allow the participant to take a State certification examination.  The Department's determination is based on the participant's geographical location, time required for travel, and means of available transportation from the examination site.

 

E)        Payment for transportation is only made for expenses that, with other educational expenses, exceed the amount of the financial aid benefits.

 

F)         A transportation allowance is provided for participants in approved program activities (for example, job clubs and Job Readiness sessions).

 

i)          Public Transportation

            Pay the actual public transportation rate per day or the cost of a monthly pass, whichever is less.  This applies to the City of Chicago and communities statewide where public transportation is available.

 

ii)         Private Transportation

            Pay the following monthly rates if the participant must use a privately owned vehicle or pay someone for transportation:  $30 – Round trip transportation less than 10 miles per day; $45 – Round trip transportation from 10 to 20 miles per day; and $60 – Round trip transportation over 20 miles per day.

 

2)         Child Care

 

A)        If requested and required (for example, when school is not in session), expenses for child care services shall be provided to enable participants to attend approved activities and related appointments.

 

B)        Child care expenses may be paid to enable participants to start or maintain employment.

 

C)        The Department shall allow payment of an amount not to exceed the maximum rates per child as established by the Department.

 

3)         Job Search and Work Activity Allowances

 

A)        An allowance of $20 a month is to be paid to individuals participating in the Job Search Activity to assist in the payment of Job Search-related expenses or to individuals to assist in the payment of Job Search-related expenses if Job Search activities are part of another TANF activity.

 

B)        An allowance of $20 a month is to be paid to individuals to assist in the payment of work expenses related to participation in community service, work experience, or the Work First Activity.

 

4)         Mandatory Fees

            Mandatory fees, including application, registration, activities, laboratory, graduation and testing fees, are provided to participants enrolled in approved education or training programs (see Section 112.78) when the mandatory fees are not covered by financial aid benefits.  A maximum payment of $300 per 12 month period shall be provided.  No payments are allowed for tuition.

 

5)         Books and Supplies

            Payment is allowed for books, supplies and equipment purchased in accordance with the educational or training facility's published list of required items for the particular program in which a participant is enrolled.  A maximum payment of $300 per 12 month period can be provided for expenses not covered by financial aid benefits.

 

6)         Required Physical Examinations and Medical Services

            Payment is permitted for participants to obtain required physical examinations and medical services (for example, TB test) if the costs are not otherwise provided by sources such as the employer or the training program.

 

7)         Payment is permitted for:

 

A)        special clothing, e.g., uniforms, hard hats, outsize clothing, etc. (maximum $600 in any 12-month period);

 

B)        required tools which are not provided by the employer (maximum $600 in any 12-month period);

 

C)        repairs on an automobile (maximum $900 in any 12-month period).  The following requirements are to be met before a request for payment for repair of an automobile is approved:  The client has no other available and suitable form of transportation to and from work or the approved activity. The client is unable to report to work or the approved activity unless the automobile is repaired.  The client has a valid driver's license and has provided evidence of insurability.  The automobile, when repaired, will be suitable for the purpose intended and no other obvious mechanical deficiency has been observed.  The title and license of the automobile must be in the name of the client (or the client's spouse if the spouse lives in the home);

 

D)        auto license plate fees;

 

E)        auto liability insurance at the cheapest rate but not to exceed $225 for three months coverage, whichever is less costly (can be issued three times in any 12-month period);

 

F)         other required items related to a specific job or approved activity (maximum $900 in any 12-month period);

 

G)        items or services purchased that will assist the individual in meeting Illinois Department of Children and Family Services' child care licensing requirements (maximum $900 in any 12-month period).  Items and services may include but are not limited to the purchase of fire extinguishers, smoke alarms, first aid kits and installation of a telephone;

 

H)        security deposit for the driver of a carpool vehicle to transport a group of workers to a worksite; and

 

I)         expenses appropriate for the self-employment of the individual or expenses for other micro enterprise start ups likely to generate income.

 

8)         Eyeglasses and Dental Procedures

            Payment is allowed with Department approval for eyeglasses and dental procedures such as partial plates for participants with noticeably missing/malformed teeth or other dental procedures needed to meet the objectives of the participant's Responsibility and Services Plan and alleviate barriers to employment.

 

9)         Background Checks

            Payment of fees for conviction background investigations is allowed when employers require a background check of their regular employees for the same type of job or work experience that is completed by the TANF participant. Criminal history record conviction information is obtainable by the public pursuant to the Uniform Conviction Information Act [20 ILCS 2635] and the Health Care Worker Background Check Act [225 ILCS 46].

 

10)         Payment shall not be authorized to purchase firearms, pay bail bonds or traffic tickets.

 

11)         Ancillary Supportive Services

 

A)        In addition to supportive service payments, as specified in subsection (b) of this Section, participants are eligible to receive the following ancillary supportive services:

 

i)          vocational rehabilitation;

 

ii)         emergency intervention services;

 

iii)        substance abuse or domestic or sexual violence programs;

 

iv)        life skills training activities;

 

v)         family planning/sex education;

 

vi)        parenting skills; and

 

vii)       family counseling.

 

B)        Child care and transportation at the Department's established rates may be provided to enable TANF participants to receive ancillary supportive services.

 

C)        If emergency intervention services are needed, TANF staff will refer the participant to the appropriate Local Office for application under the Crisis Assistance Program (see 89 Ill. Adm. Code 116).  The need for supportive services shall be discussed with the participant when a review of the participant's Responsibility and Services Plan is made.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.83  Teen Parent Services

 

a)         Teen Parent Services (TPS) Program provides case management services that assist pregnant or parenting teens to participate in  education and/or related activities to enable them to attain a high school or alternative high school diploma or GED certificate and move toward self-sufficiency. The major objectives of TPS include:

 

1)         keeping pregnant or parenting teens in school and progressing toward achieving a high school diploma or GED certificate;

 

2)         providing on-site or making referrals to family-centered activities and services to meet personal, physical and social needs;

 

3)         to the extent resources allow, assuring that all of the pregnant or parenting young persons receive parenting skills, child growth and development instruction and health services delivery information;

 

4)         increasing paternities established and support paid by providing information and follow-up on the Child Support Enforcement program;

 

5)         instilling knowledge and modifying behaviors to enable long term self-reliance and thus breaking the generational cycle of welfare dependence; and

 

6)         developing an individualized Responsibility and Services Plan to move to economic self-sufficiency.

 

b)         Program Services

 

1)         Teen Parent Services are available statewide.  TPS participants who receive TANF are entitled to the same supportive services as TANF employment and work-activity participants as described in  Section 112.82.  Other TPS participants may receive supportive services as described in Section 112.82 to the extent the TPS budget allows.  To be eligible to enroll, a person must be pregnant or a parent, under the age of 20, a recipient of TANF or other DHS services, such as Family Case Management, food stamps or Woman, Infant and Children (WIC) program, or DPA services such as FamilyCare, and not have a high school diploma or GED certificate.

 

2)         A participant who attains age 19 may remain in the Program for advancement of the participant’s plan in effect until his or her twenty-first birthday.  Upon completion of the plan, TANF  participants are transitioned to the adult TANF Program (see Sections 112.70 through 112.82).  A participant of any age who is in high school may remain in TPS while in high school when classes are in session, or when enrolled and expected to attend classes following semester break. 

 

c)         Teen Parent Services Program operates as follows:

 

1)         TPS is administered by the Department of Human Services.  Depending on the address of the participant, the program is operated either by DHS staff or under contract with health departments, community agencies, organizations, entities and educational institutions that are experienced in working with youth and trained in Departmental policies, programs and services.

 

2)         The Teen Parent Services Program shall:

 

A)        Arrange and monitor the participant's education at a high school/alternative high school or GED program.

 

B)        Provide a program orientation that includes:

 

i)          information on program requirements;

 

ii)         an explanation of the program activities/services, including program goals and participant responsibilities to attend classes for a high school diploma or GED certificate;

 

iii)        an explanation of the supportive services available, including an assessment of the need for child care and transportation to attend classes;

 

iv)        an explanation of the mandatory nature of the program for TANF recipients and the reconciliation process, including good cause and sanction; and

 

v)         an explanation of the Department's programs, including but not limited to the income budgeting process (Work Pays); Child Support Enforcement Program; Child Care Program; and eligibility for the FamilyCare Program.

 

3)         Conduct an assessment of strengths, weakness and career interests, education and employment history, family health including family planning and a record of children's immunizations that were done or need to be done, prenatal care and identification of a primary care provider.  During the assessment process, the worker is to obtain or otherwise determine the participant's current literacy level.  TPS will develop an assessment and plan for each participant.  The plan for TPS participants who receive TANF includes an agreement by the participant to cooperate with paternity establishment and child support enforcement and attend parenting and life skills classes if required.  The plan for TPS participants who receive TANF must also include an agreement to not voluntarily quit a job without good cause as determined by the TPS case manager.  The plan for all TPS participants establishes the responsibilities of the TPS case manager in helping the participant set up a plan to become self supporting.  The TPS case manager provides the participant with the services necessary to allow the teen parent to move toward independence, including, but not limited to:  education, employment and training programs; supportive services such as reimbursement for child care and transportation; and help in establishing paternity, getting a support order and collecting child support.  Once completed, the plan is to be signed by the teen parent, if the teen receives TANF.

 

4)         Conduct workshops and/or activities of interest and concern to participants as determined to be helpful to preparing the pregnant or parenting teen to complete his or her education and obtain employment.  These activities include but are not limited to:

 

A)        parenting instruction;

 

B)        child growth and development classes;

 

C)        home and family management instruction;

 

D)        decision making skills;

 

E)        life skills instruction;

 

F)         structured and supervised study time;

 

G)        volunteer work and peer tutoring;

 

H)        work study; and

 

I)         job readiness.

 

5)         Offer a case management approach to customer service that includes the use of intervention techniques to eliminate the barriers to ongoing participation and goal attainment by close monitoring and follow-up.  The case manager works closely with the teen, his or her family and significant others in the process.  The case manager provides or coordinates counseling and mediation services, advocacy, service referral and role modeling.

 

6)         Facilitate health services delivery for pregnant or parenting teens and their children, particularly Early and Periodic Screening, Diagnosis and Treatment (EPSDT); prenatal care; instruction on postponing subsequent pregnancy; health and sexuality education including risk reduction for STD/HIV infection and abstinence; and information on birth control and primary health care providers.  Referral for drug and alcohol abuse prevention, violence prevention, and other health and safety related areas.

 

7)         Having ongoing communication with the schools and/or community agencies that serve the teen parents to facilitate coordination of service delivery and school attendance.

 

8)         For pregnant or parenting teens, provide assistance in the development of a child care plan and follow-up on referrals for the provision of child care. Referrals may be made to the Child Care Resource and Referral network (CCR & R) or any other customer serving agency in the community or any other source.

 

9)         Conduct activities and events, including job fairs, related to employment development and job placement.

 

10)        The following on-site or community education activities as needed:  tutoring; GED; Adult Basic Education and literacy classes; return-to-school preparation classes; computer assisted literacy lab; computer assisted career exploration; or appropriate alternative.

 

11)        On-site or community enrichment and goal directed activities such as:  cultural, health, or education fairs; holiday celebrations; and paternal involvement sessions.

 

12)        Regular developmental parent-child activities including:  on-site family literacy instruction; education field trips; teaching child play and communication; toy making; and parent-child parties.

 

13)        Upon completion of the TPS below post-secondary education plan, if the teen is under age 21, he or she may remain in TPS.  For participants who receive TANF, upon completion of TPS activity or when otherwise no longer eligible for TPS, the case is transferred to adult TANF employment services.

 

d)         Assignment to TPS Activities

 

1)         Based on the assessment and plan, the participant is assigned to one of the following activities:  Education, Vocational Training, Job Readiness, or Job Search.  Participation in each of the TPS activities consists of performance of related activities such as:  enrolling in and attending school, English as a Second Language (ESL) instruction, training, or conducting a job search; and/or attending assigned group and/or individual activities.  See Section 112.78 for description of program activities and participation requirements.

 

2)         If a need for services other than or in addition to TPS services is determined, the participant will be assisted in obtaining necessary services or will be referred to the appropriate provider.

 

3)         Every thirty days the TPS worker shall reassess the plan and determine whether to continue, revise or terminate the participant's plan and/or activity assignment.

 

4)         If the plan and/or assigned activity are not suited to a participant's needs, the plan shall be revised with input from the participant and the TPS worker and, if necessary, the participant shall be assigned to a more suitable activity.

 

e)         Teen Parent Services Sanction (TANF participants only)

See Section 112.79 for TANF sanction rules for failure to cooperate with Teen Parent Services Program requirements.

 

f)         Good Cause for Failure to Comply with Teen Parent Services Participation Requirements (TANF participants only)

See Section 112.80 on good cause rules for failure to comply with Teen Parent Services participation requirements.

 

g)         Termination of TPS Cases

TPS cases shall be terminated if the participant completes high school and is age 21  or older or completes other below post-secondary education and is age 21.

 

h)         Reconciliation and Fair Hearings

See Section 112.77 for Reconciliation and Fair Hearings rules.

 

i)          TANF Supportive Services Expenses

In order to enable TPS participants to engage in TPS approved activities or to provide access to services for the treatment of physical, mental and/or substance abuse related problems for themselves and/or their children, payment requests for certain education or training expenses, initial employment/job retention expenses, job search allowance, child care and/or transportation costs may be approved by TPS workers. (See Section 112.82.)

j)          Assessment and Plan (TANF participants only)

 

1)         A young parent who is required to participate in the Teen Parent Services (TPS) Program must complete the assessment and plan. 

 

2)         The plan defines the responsibilities the young parent must meet to receive TANF cash assistance and what services the Department agrees to provide.  The plan outlines family needs, the required activities and necessary supportive services.  The plan must be signed by both the young parent and the TPS case manager.  The plan sets the following goals for the young parent and describes how the Department will help the young parent to meet these goals:

 

A)        attend school to complete a high school education;

 

B)        establish paternity for the young parent's child or children and obtain child support;

 

C)        improve the young parent's parenting skills; and

 

D)        seek and obtain full-time employment.

 

3)         Completion of the assessment and plan is a TANF employment and work-activity requirement for TPS participants. Failure to cooperate in completing the plan shall result in a sanction as described in Section 112.79, if reconciliation is not successful, unless the participant has a child 12 weeks of age or younger.

 

(Source:  Amended at 27 Ill. Reg. 4545, effective February 28, 2003)

 

 

Section 112.84  Employment Retention and Advancement Project (Repealed)

 

(Source:  Repealed at 30 Ill. Reg. 9331, effective May 8, 2006)

 

Section 112.85  Four Year College/Vocational Training Demonstration Project (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.86  Project Advance (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.87  Project Advance Experimental and Control Groups (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.88  Project Advance Participation Requirements of Experimental Group Members and Adjudicated Fathers (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.89  Project Advance Cooperation Requirements of Experimental Group Members and Adjudicated Fathers (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.90  Project Advance Sanctions (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.91  Good Cause for Failure to Comply with Project Advance (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.93  Individuals Exempt From Project Advance (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.95  Project Advance Supportive Services (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.98   Exchange Program (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.100  Unearned Income

 

a)         All currently available, unearned income which is not specified as exempt shall be considered in the determination of eligibility, the level of the assistance payment and the basis of issuance for food stamps.

 

b)         Unearned income is all income other than that received in the form of salary for services performed as an employee or profits from self-employment.

 

c)         Unearned income such as need based payments, cash assistance, compensation in lieu of wages and allowances received through the Jobs Training Partnership Act.

 

(Source:  Amended at 8 Ill. Reg. 12333, effective June 29, 1984)

 

Section 112.101  Unearned Income of Parent

 

a)         In determining eligibility and level of assistance, the unearned income of a parent of a person under age 18 who is receiving assistance as a parent or dependent child if they are all living in the same household is considered.

 

b)         The amount of the total available income of the parent under subsection (a) of this Section shall be the income remaining after the following amounts have been deducted:

 

1)         an amount equal to 3 times the TANF payment level for a family size taking into account the needs of the parent and the needs of individuals residing with the parent not included in the assistance unit whom the parent claims as federal tax dependents;

 

2)         court ordered support obligations of the parent; or

 

3)         amounts paid by the parent to individuals outside the home whom the parent claims as federal tax dependents.

 

(Source:  Amended at 29 Ill. Reg. 8161, effective May 18, 2005)

 

Section 112.105  Budgeting Unearned Income

 

a)         Budgeting is the method by which nonexempt income is compared to the applicable payment levels (as contained in Sections 112.252 to 112.254) plus additional income maintenance needs to determine the amount of the monthly assistance payment for the assistance unit.

 

b)         Monthly unearned income is budgeted on the basis of the nonexempt income the client is anticipated to receive during the payment month.

 

c)         If a client has more than one source of unearned income, the monthly income shall be calculated from all sources.

 

(Source:  Amended at 26 Ill. Reg. 138, effective January 1, 2002)

 

Section 112.106  Budgeting Unearned Income of Applicants

 

a)         The unearned income received or expected to be received during a 30 day period commencing with the day of application shall be considered in the determination of eligibility.

 

b)         If the client is eligible, the amount of his initial prorated entitlement period (IPE) grant shall be based on the nonexempt income the client expects to receive during the IPE period.  The IPE period is the period of time from when assistance first begins to the time the client receives the first regular grant.

 

c)         For the months following the IPE, the amount of the grant shall be based on the amount of nonexempt income anticipated to be received during the payment month.

 

(Source:  Amended at 26 Ill. Reg. 138, effective January 1, 2002)

 

Section 112.107  Initial Receipt of Unearned Income

 

a)         When a recipient reports that he has begun receiving unearned income, a determination of continued eligibility shall be made.

 

b)         Income the recipient expects to receive during the payment month shall be considered in the determination of eligibility.

 

c)         If the recipient remains eligible, the nonexempt income anticipated to be received during the payment month shall be budgeted for the payment month.

 

d)         If a recipient fails to report that he has begun to receive unearned income, a determination of eligibility shall be conducted when the Department learns of the receipt.  The Department shall also determine at that time whether there has been overpayment (in accordance with Section 102.100).

 

(Source:  Amended at 26 Ill. Reg. 138, effective January 1, 2002)

 

Section 112.108  Termination of Unearned Income

 

If a recipient reports that unearned income has ended, income will be budgeted prospectively for the month following the receipt of the last unearned income benefit.

 

(Source:  Amended at 26 Ill. Reg. 138, effective January 1, 2002)

 

Section 112.110  Exempt Unearned Income

 

The following unearned income shall be exempt from consideration in determining eligibility and the level of assistance payment:

 

a)         The value of the benefit allotment under the Food and Nutrition Act of 2008 (7 U.S.C. 2017(b));

 

b)         The value of the U.S. Department of Agriculture donated foods (surplus commodities);

 

c)         Any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4636);

 

d)         Any funds distributed per capita to or held in trust for members of any Indian Tribe under P.L. 92-254, P.L. 93-134, P.L. 94-114 or P.L. 94-540;

 

e)         Any benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965, as amended (42 U.S.C. 3045 et seq.);

 

f)         Any compensation provided to individual volunteers under the Volunteers in Service to America (VISTA) Program (known as AmeriCorps VISTA).  Payments made under Americorps State/National programs, funded under the National and Community Service Act of 1993, are not exempt.  Stipends or living allowance payments made under this program are considered nonexempt earned income.  These payments are subject to the general rules concerning the budgeting of earned income;

 

g)         Income received under the provisions of Section 4(c) of the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act [320 ILCS 25/4].  This includes both the benefits commonly known as the circuit breaker and additional grants;

 

h)         Payments for supporting services or reimbursement for out-of-pocket expenses made to volunteers serving as senior health aides, senior companions, foster grandparents, and persons serving in the Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) and any other programs under Titles II and III, pursuant to Section 418 of P.L. 93-113;

 

i)          Unearned income such as need based payments, cash assistance, compensation in lieu of wages and allowances received through the Workforce Investment Act (WIA);

 

j)          Social Security death benefit expended on a funeral and/or burial;

 

k)         The value of supplemental food assistance received under the Child Nutrition Act of 1966, as amended (42 U.S.C. 1780(b)) and the special food service program for children under the Richard B. Russell National School Lunch Act, as amended (42 U.S.C. 1760);

 

l)          Tax exempt portions of payments made pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1626);

 

m)        Payments received under Title I of P.L. 100-383 of the Civil Liberties Act of 1988 (50 U.S.C. 1989b through 1989b-8);

 

n)         Payments received under Title II of P.L. 100-383 of the Aleutian and Pribilof Islands Restitution Act (50 U.S.C. 1989c through 1989c-8);

 

o)         Payments made to veterans who receive an annual disability payment or to the survivors of deceased veterans who receive a one-time lump-sum payment from the Agent Orange Settlement Fund or any other fund referencing Agent Orange product liability under P.L. 101-201;

 

p)         Payments received under the federal Radiation Exposure Compensation Act (42 U.S.C. 2210 nt);

 

q)         Federal subsidized housing payments under section 8 of the Housing and Community Development Act (42 U.S.C. 1437f);

 

r)          Any adoption subsidy payment or foster care payment received from DCFS or from a state welfare agency of another state are exempt for MAG and MANG. Independent Living Arrangement Payments are not exempt for MAG and MANG;

 

s)         Supportive Service payments (Section 112.82);

 

t)          Benefits paid to eligible households under the Low Income Home Energy Assistance Act of 1981 pursuant to Section 2605(f) of P.L. 97-35;

 

u)         Disaster relief payments provided by federal, state or local government or a disaster assistance organization;

 

v)         Any payment provided by the Department of Human Services under the Family Assistance Program for Children with Mental Disabilities [405 ILCS 80/Art. III];

 

w)        A nonrecurring lump-sum SSI or SSA payment made to an individual in a TANF assistance unit.  The nonrecurring SSA lump sum is exempt if it is based on disability.  The monthly amount, up to the monthly SSI level for one, is exempt.  For those individuals not in a TANF assistance unit whose income is used to determine TANF eligibility for others (for example, the parent of a person under age 18 who is receiving assistance as a parent), the lump-sum payment is nonexempt income for the month received;

 

x)         Payments made to individuals because of their status as victims of Nazi persecution pursuant to P.L. 103-286;

 

y)         Payments to a member of the Passamquoddy Indian Tribe, the Penobscot Nation of the Houlton Band of the Maliseet Indians pursuant to the Maine Indian Claims Settlement Act of 1980;

 

z)         Up to $2000 per year of income received by individual Indians, which is derived from leases or other uses of individually-owned trust or restricted lands pursuant to Section 13736 of P.L. 103-66;

 

aa)       Payments based on disability status are disregarded in an amount up to the Supplemental Security Income (SSI) payment level for one person with no income.  This disregard applies to disability benefits from Social Security (including SSI), Railroad Retirement Disability, Department of Veterans' Affairs (100% disability only) and Black Lung;

 

bb)       Payments made under the federal Crime Act of 1984 (as amended by P.L. 104-132, Section 234, Crime Victims Fund);

 

cc)       Inconsequential income, which is defined as gifts, prizes or other unearned income (excluding that which is otherwise exempted in this Section) of up to $50 per person per quarter;

 

dd)      The value of home produce that is used for personal consumption;

 

ee)       Total child support payments made to an assistance unit;

 

ff)        Three dollars of every $4 of excess child support distributed by the child support agency to a family with earnings budgeted.  This includes the wage supplementation programs of on-the-job training, Job Corps, AmeriCorps VISTA, and work study;

 

gg)       Payments from the principal or trust of a trust fund made to or on behalf of a dependent child when the court orders the money released for a specific purpose other than the income maintenance needs of the child;

 

hh)       Earmarked child support payments received by the client for the support of a child not included in the assistance unit;

 

ii)         Cash that is exchanged for purposes of satisfying payment of shelter-related obligations in situations in which the assistance unit shares a dwelling unit with another family, individual or individuals. The money is not available to meet the needs of the party who received and disburses the shelter-related payment;

 

jj)         Employment-related reimbursements for past or future expenses to the extent that they do not exceed actual expenses incurred and do not represent a gain or benefit to the client;

 

kk)       All educational loans, grants, scholarships, fellowships, veteran's educational benefits, and federal and State work study programs;

 

ll)         Achieving a Better Life Experience (ABLE) accounts – All earnings on ABLE accounts are exempt. The balance of this account is to be exempt unearned income; and

 

mm)     For a period of no more than 60 months, any financial assistance, including wages, cash transfers, or gifts, that is provided to a person who is enrolled in a program or research project that is not funded with general revenue funds that is intended to investigate impacts of policies or programs designed to reduce poverty, promote social mobility, or increase financial stability for Illinois residents, if there is an explicit plan to collect data and evaluate the program or initiative that is developed prior to participants in the study being enrolled in the program and if a research team has been identified to oversee the evaluation.

 

(Source:  Amended at 48 Ill. Reg. 4416, effective March 8, 2024)

 

Section 112.115  Education Benefits (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 18417, effective November 20, 2003)

 

Section 112.120  Incentive Allowances

 

The following incentive allowances shall be exempt:

 

a)         National Training Services Grant

 

            Incentive payments which the Department of Rehabilitation Services (DORS) authorizes to be paid to disabled persons receiving categorical assistance and enrolled in the National Training Service Project.

 

b)         Work Incentive Demonstration Program (WDP) Incentive Payments.

 

(Source:  Amended at 8 Ill. Reg. 12333, effective June 29, 1984)

 

Section 112.125  Unearned Income In-Kind

 

a)         Unearned Income in-kind is payment made by a non-member of the assistance unit in behalf of or in the name of a member of the assistance unit.

 

b)         Unearned income in-kind shall be exempt.

 

c)         When the assistance unit shares a dwelling unit with another family or individual(s), the exchange of cash for purposes of satisfying payment of shelter related obligations shall not constitute an income in-kind payment and shall not be considered  available to meet the needs of the person who receives and disburses the shelter-related payment.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5197)

 

Section 112.126  Earmarked Income

 

a)         Earmarked income is restricted for the use of a specified individual by court order, or by legal stipulation of a contributor.

 

b)         Earmarked income shall be considered available to meet the family's needs.

 

(Source:  Peremptory amendment at 8 Ill. Reg. 19889, effective October 1, 1984)

 

Section 112.127  Lump-Sum Payments

 

a)         Income received either in the form of a one-time only payment that does not continue on a regular basis or in the form of a retroactive payment for income that continues on a regular basis is considered non-recurring lump-sum income (a lump-sum payment).  Examples of non-recurring lump-sum income are retroactive social security payments, retroactive unemployment insurance benefits, personal injury settlements, workers compensation injury settlements, lottery winnings, inheritances and insurance settlements.

 

b)         Any portion of the lump-sum payment used to pay for expenses incurred as a result of the lump-sum payment shall be exempt from consideration as non-recurring lump-sum income as follows:

 

1)         Personal Injury Settlement – That portion of a personal injury payment is exempt that is used to pay for:

 

A)        necessary costs of litigation or settlement, including attorney's fees;

 

B)        the Department's charge (see 89 Ill. Adm. Code 102.260);

 

C)        medical costs resulting from the injury and paid by the client;

 

D)        expenses to repair or replace personal property which was damaged as a result of the injury.

 

2)         Workers' Compensation Payment – That portion of a Workers' Compensation payment is exempt that is used to pay for:

 

A)        necessary costs of litigation or settlement, including attorney's fees;

 

B)        medical costs resulting from the injury and paid by the client.

 

3)         Insurance Payments

 

A)        Insurance Payments – That portion of an insurance payment received due to loss is exempt when used to:

 

i)          Repair or replace a lost or damaged resource, including, but not limited to, repair or replacement of home, furniture, or clothing lost or damaged in a fire or flood and repair or replacement of a car as a result of an accident or fire;

 

ii)         Pay the funeral, burial or medical expenses of an insured when the client is the beneficiary of the insured's life insurance policy.

 

B)        Any insurance proceeds not spent or contracted to be spent as specified in subsection (b)(3)(A) within 60 days after receipt shall be budgeted (see Section 112.105(a) as non-recurring lump-sum income.  A payment receipt shall be required as verification of any insurance-related expenses claimed as exempt under subsection (b)(3)(A).

 

c)         Lump-sum payments are considered nonexempt unearned income for the month of receipt.  Any amount remaining is not considered for the following month.

 

(Source:  Amended at 38 Ill. Reg. 4441, effective January 29, 2014)

 

Section 112.128  Protected Income (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.130  Earned Income

 

a)         All currently available income that is not specified as exempt shall be considered in the determination of eligibility and the level of the assistance payment.

 

b)         Earned income is remuneration acquired through the receipt of salaries or wages for services performed as an employee or profits from an activity in which the individual is self-employed.

 

c)         In determining eligibility and level of assistance, the earned income of a parent of a person under age 18 who is receiving assistance as a parent or dependent child if they are all living in the same household is considered.

 

d)         The amount of the total available income of the parent under subsection (c) of this Section shall be the income remaining after the following amounts have been deducted:

 

1)         For purposes of determining eligibility, the difference between the family's TANF payment level and 50% of the Federal Poverty Level (see Section 112.145);

 

2)         An amount equal to 3 times the TANF payment level for a family size taking into account the needs of the parent and the needs of individuals residing with the parent not included in the assistance unit whom the parent claims or could claim as federal tax dependents;

 

3)         Amounts paid by the parent for alimony or child support to individuals outside the home;

 

4)         Amounts paid by the parent to individuals outside the home whom the parent claims or who could be claimed as federal tax dependents.

 

e)         Earned income received by all dependent children.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.131  Earned Income Tax Credit

 

In determining eligibility and level of assistance, the amount of earned income tax credit the client receives as a refund of federal income taxes shall be exempt.

 

(Source:  Amended at 36 Ill. Reg. 15120, effective September 28, 2012)

 

Section 112.132  Budgeting Earned Income

 

a)         Budgeting is the method by which nonexempt income is compared to the applicable payment levels (as contained in Sections 112.252 to 112.254) to determine the amount of the monthly assistance payment for the assistance unit.

 

b)         Earned income of a client is budgeted on the basis of the income which the client is anticipated to receive.

 

c)         If a recipient has more than one employer or more than one assistance unit member has earned income, the monthly income shall be calculated for both jobs.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.133  Budgeting Earned Income of Employed Applicants

 

a)         The earned income received or expected to be received during a 30 day period commencing with the day of application shall be considered in the determination of eligibility.

 

b)         To determine eligibility, an amount equal to the difference between the family's TANF payment level and 50% of the Federal Poverty Level will be deducted from gross earned income.  The remainder, plus all other budgetable income, will be compared to the payment level to determine eligibility.

 

c)         If eligible, three-fourths of the client's gross earned income is disregarded.  One-fourth of each individual's gross earnings and all other budgetable income will be deducted from the family's payment level.

 

d)         If the client is eligible, the amount of his or her initial prorated entitlement period (IPE) grant shall be based on the income the client expects to receive during the IPE period.

 

e)         For the months following the IPE, the amount of the grant shall be based on the amount of income anticipated to be received.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.134  Initial Employment

 

a)         When a recipient reports that he has begun employment, a determination of continued eligibility shall be made.

 

b)         Income which the recipient expects to receive during the payment month shall be considered in the determination of eligibility.

 

c)         The gross income anticipated to be received shall be budgeted for the payment month.

 

d)         If a recipient fails to report that he has begun to work, a determination of eligibility shall be conducted when the Department learns of the employment.  The Department shall also determine at that time whether there has been overpayment  in accordance with 89 Ill. Adm. Code 102.100.

 

(Source:  Amended at 23 Ill. Reg. 7896, effective July 1, 1999)

 

Section 112.135  Budgeting Earned Income For Contractual Employees

 

a)         Contractual employees are:

 

1)         construction workers with a written agreement to perform a task for specified compensation;

 

2)         teachers;

 

3)         substitute teachers in some school systems;

 

4)         educational administrators; and

 

5)         any person whose job duties and compensation are specified for a distinct time period by a written agreement.

 

b)         The contractual income shall be averaged over the total period of the contract.  This shall be done even though the income may be received in fewer months than are covered by contract.

 

c)         Determination of eligibility shall be based on the averaged monthly income.

 

d)         The amount of the assistance grant shall be based on the income which the client expects to receive according to the contract during the payment month.

 

e)         A determination of eligibility shall be conducted when the recipient's contract is renegotiated.  For school employees, a determination of eligibility shall be conducted at the beginning of the academic year if the employee received a raise.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5197)

 

Section 112.136  Budgeting Earned Income for Non-contractual School Employees

 

a)         Non-contractual School employees are:

 

1)         teachers aides;

 

2)         school secretaries and other clerical workers;

 

3)         school cafeteria workers;

 

4)         school custodians; and

 

5)         other school employees who either have no contract and are laid off during the summer or have a contract or letter of agreement which does not state it is an annual contract or agreement and does not require the employee to work during the summer.

 

b)         The income expected to be received during the first thirty days shall be used to determine eligibility and the amount of the assistance grant.

 

c)         A determination of eligibility shall be conducted at the beginning of the academic year if the employee received a raise.  For the determination of eligibility, income expected to be received during the first payment month for which a grant change could be effected shall be considered.  The income is not averaged.

 

d)         Determination of eligibility and the amount of the assistance grant shall be based on the income which the client expects to receive during the budget month.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5197)

 

Section 112.137  Termination of Employment

 

If a recipient reports and verifies that employment has ended, income will be budgeted prospectively for the month following the last paycheck.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.138  Transitional Payments (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 17724, effective November 9, 1992)

 

Section 112.140  Exempt Earned Income

 

a)         The earned income of an individual receiving assistance as a dependent child is exempt.

 

b)         Earned income from the U.S. Census Bureau for temporary census employment is exempt.

 

(Source:  Amended at 44 Ill. Reg. 6960, effective April 16, 2020)

 

Section 112.141  Earned Income Exemption

 

a)         At the time of application for assistance, each employed applicant will be allowed a deduction from earned income equal to the difference between the family's TANF payment level and 50% of the Federal Poverty Level.  The remainder, plus all other nonexempt income, will be compared to the payment level to determine eligibility.

 

b)         Employed families who received TANF during the six months prior to application who lost eligibility because of their earnings and child support, and for whom child support payments have ceased, shall receive the exemption in subsection (c) of this Section to determine eligibility.

 

c)         For employed recipients, one-fourth of each individual's earnings and all other nonexempt income will be deducted from the family's payment level.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.142  Exclusion from Earned Income Exemption

 

The earned income exemption shall not apply when determining initial eligibility.  If the assistance unit is determined eligible without the earned income exemption, the two-thirds deduction shall be applied.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.143  Recognized Employment Expenses

 

a)         For earnings from self-employment and rental property, an amount equal to the expenses directly attributable to producing goods or services or an amount equal to the expenses of rental shall be deducted from the income prior to the application of the $3 for $4 exemption.

 

b)         Day Care

 

1)         Day Care expenses are to be covered as direct payment except as follows:

 

A)        For children age 13 and over who do not require child care because of a physical or psychological condition or because of court-ordered supervision.

 

B)        When a family which was receiving AFDC and was utilizing the child care disregard on October 13, 1988 would become ineligible for TANF if the child care were paid directly.

 

C)        For the care of an incapacitated adult.

 

D)        At intake, when determining initial eligibility, the child care deduction pertains to verified child care expense for the month of application.

 

2)         For cases that are exceptions to direct payment, use the child care deduction.  Child care expenses  shall be deducted from income up to a maximum of $200 per child for each child under age two and $175 for each child age two or older.

 

3)         Direct payment and the child care deduction are not allowed when the child care provider is a responsible relative (see 89 Ill. Adm. Code 103.10(b)) of the child receiving care.  Day care payments are not allowed if the child care provider is a step-parent who is providing care to and living with his or her step-children.

 

4)         Direct payment for child care expenses shall be made to qualified child care providers in accordance with 89 Ill. Adm. Code 50.240.

 

5)         Eligibility for child care payments is limited to the first day of the calendar month prior to the month a request for child care services is made.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.144  Income from Work-Study and Training Programs

 

a)         Income from college work-study is exempt.

 

b)         Income from Job Corps is exempt.

 

c)         Earned income received through the Job Training Partnership Act by all dependent children is exempt.

 

d)         Earned income received through the Job Training Partnership Act by adults is nonexempt.

 

e)         Unearned income such as need based payments, cash assistance, compensation in lieu of wages and allowances received through the Jobs Training Partnership Act is exempt.

 

f)         Earnings, allowances and payment under Title I of the National and Community Service Act of 1990.  The exempt programs include Serve American, Higher Education Innovative Projects, American Conservation and Youth Programs and National and Community Service Programs.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.145  Earned Income From Self-Employment

 

a)         Income realized from self-employment shall be considered earned income.

 

b)         Accurate and complete records shall be kept on all monies received and spent through self-employment.  If the individual fails or refuses to maintain complete business records, the family shall be ineligible.

 

c)         Business expenses shall be verified.  The individual shall have full responsibility for proof of any business expense.  No deduction shall be allowed for depreciation, obsolescence and/or similar losses in the operation of the business.  Income reinvested in the business, except for the purchase of real estate, is a recognized business expense.  This includes the purchase of capital equipment, payments on principal of loans and other expenses need to produce goods or services.

 

d)         To determine eligibility, the self-employment income shall be the gross less the value of the replacement of stock, business expenses and the amount equal to the difference between the family's TANF payment level and 50% of the Federal Poverty Level.  If eligible, the three-fourths earned income exemption, if applicable, shall be computed and deducted from the self-employment income less the value of the replacement of stock and business expenses.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.146  Earned Income From Roomer and Boarder

 

Money paid by roomers and/or boarders to a member of an assistance unit who holds himself out as being self-employed in the business of renting rooms shall be considered earned income from self-employment (see Section 112.145).  The earned income exemption, if applicable, shall be deducted for roomers and/or boarders.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5197)

 

Section 112.147  Income From Rental Property

 

a)         Income received from rental property owned by a client is considered as earned if the money is produced by the client's services.  For example, managing the property or managing the capital investment are ways to qualify rental income as earned.  If the client has no specific responsibility for management of the property or the investment the rental does not qualify as earned income.

 

b)         When determining net income, the reasonable and necessary rental expenses which the client incurs in the production of income may be deducted from the gross income.  Reasonable and necessary rental expenses include repairs, taxes, insurance, and utilities if the landlord pays them.

 

c)         If a client is responsible for cleaning a room and providing clean linens, the income which he receives shall be considered earned income from a roomer rather than earned income from rental property.

 

d)         The earned income exemption, if applicable, as specified in Section 112.141, shall be deducted.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.148  Payments from the Illinois Department of Children and Family Services

 

Foster Care Payments

 

a)         The following foster care payments made by the Department of Children and Family Services (DCFS) are to be considered exempt unearned income when determining the eligibility of the assistance unit (exclusive of the foster child and his or her child or children, if any).

 

1)         Basic maintenance payments.

 

2)         Special service fee payments.

 

3)         Intensive service fee payments.

 

4)         Monthly retainer fee payments.

 

5)         Adoption Subsidies.

 

b)         Independent living arrangement payments.

 

1)         Payments made by DCFS to wards living independently of a foster home shall be considered nonexempt unearned income when determining the eligibility of the ward and his or her child or children for cash assistance.

 

2)         Wards of DCFS who are receiving Independent Living Arrangement payments must be included in the assistance unit with their child or children, if otherwise eligible.

 

(Source:  Amended at 19 Ill. Reg. 7883, effective June 5, 1995)

 

Section 112.149  Earned Income In-Kind

 

a)         Earned income in-kind is remuneration received in a form other than cash for services performed.  Such remuneration shall include, but is not limited to housing, food (except meals provided while working), satisfaction of a debt, of a service provided by the employer for the employee.

 

b)         Earned income-in-kind shall be exempt.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5197)

 

Section 112.150  Assets

 

The value of assets shall not be considered in determining eligibility for an assistance payment.

                                                                                                                                   

(Source:  Amended at 38 Ill. Reg. 4441, effective January 29, 2014)

 

Section 112.151  Exempt Assets (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 4441, effective January 29, 2014)

 

Section 112.152  Asset Disregards (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 4441, effective January 29, 2014)

 

Section 112.153  Deferral of Consideration of Assets (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 4441, effective January 29, 2014)

 

Section 112.154  Property Transfers (Repealed)

 

(Source:  Repealed at 17 Ill. Reg. 813, effective January 15, 1993)

 

Section 112.155  Income Limit

 

a)         If, at application, a unit's total available monthly income before applying any deductions or exemptions, except for a deduction from gross earnings equal to the difference between the family's TANF payment level and 50% of the Federal Poverty Level, exceeds the payment level for a family of that size, the unit is ineligible for assistance.

 

b)         For families receiving TANF, if the unit's total available monthly income, after applying any applicable deductions and the earned income exemption, exceeds the payment level for a family of that size, the unit is ineligible for assistance.

 

(Source:  Amended at 34 Ill. Reg. 10085, effective July 1, 2010)

 

Section 112.156  Assets for Independence Program

 

a)         The Assets for Independence (AFI) Program is a federal grant program that enables agencies to implement and demonstrate an asset-based approach for giving low-income families help out of poverty.  The AFI Program allows eligible low-income Illinois citizens currently residing in Illinois, subject to the availability of State and federal funds and authorization from DHS, to open and maintain an Individual Development Account (IDA) at a federally insured financial institution.

 

b)         IDAs are matched savings accounts designed to help low-income and low-wealth families accumulate savings to purchase a first home, start a small business or continue their education.  IDAs promote savings and enable participants to acquire a lasting asset after saving for a few years.  The IDA program is open to all people within the State who meet the federal and State account holder eligibility guidelines and rules for income and assets.

 

c)         An IDA is a trust created or organized exclusively for the purpose of paying the qualified expenses of an eligible individual, or enabling the eligible individual to make an emergency withdrawal, but only if the written governing instrument creating the trust contains the following requirements:

 

1)         No contribution will be accepted unless the contribution is in cash (including electronic transfers) or by check.

 

2)         The trustee is a federally insured financial institution or a State insured financial institution, if no federally insured financial institution is available.

 

3)         The assets of the trust will be invested in accordance with the direction of the eligible individual after consultation with DHS providing deposits for the individual.

 

4)         The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund.

 

5)         Except as provided in subsection (c)(6) of this Section, any amount in the trust that is attributable to a deposit provided under section 410 of the Assets for Independence Act (AFIA) (PL 105-285) (42 USC 604 note) may be paid or distributed out of the trust only for the purpose of paying the qualified expenses of the eligible individual.

 

6)         Any balance in the trust on the day after the date on which the individual for whose benefit the trust is established dies shall be distributed within 30 days after that date as directed by that individual to another IDA established for the benefit of an eligible individual.

 

d)         For purposes of subsection (c) of this Section, a custodial account shall be treated as a trust if the assets of the custodial account are held by a bank (as defined in section 408(n) of the Internal Revenue Code of 1986 (26 USC 408(n)) or another person who demonstrates, to the satisfaction of the Secretary of Health and Human Services (HHS), that the manner in which that person will administer the custodial account will be consistent with the requirements of AFIA and if the custodial account would, except for the fact that it is not a trust, constitute an IDA described in subsection (c) of this Section.  In the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of that custodial account shall be treated as the trustee of the account.

 

e)         An individual may make deposits to his or her IDA only from earned income as defined in section 911(d)(2) of the Internal Revenue Code of 1986.

 

f)         The moneys in an IDA and match moneys from the AFI fund shall be used solely for qualified expenses, defined under section 404(8) of the AFIA, as follows:

 

1)         Post-secondary education expenses, which means the following:

 

A)        Tuition and fees required for the enrollment or attendance of a student at an eligible educational institution.

 

B)        Fees, books, supplies, and equipment required for courses of instruction at an eligible educational institution.

 

C)        An "eligible educational institution" means the following institutions classified by the Illinois Board of Higher Education:

 

i)          An Illinois Public College or University; or

 

ii)         An Illinois Community College.

 

2)         First Home Purchase

 

A)        Qualified acquisition costs with respect to a principal residence for a qualified first-time homebuyer if paid from an IDA directly to the persons to whom the amounts are due.

 

i)          "Principal residence" means a main residence, the qualified acquisition costs of which do not exceed 120 percent of the average area purchase price applicable to the residence.

 

ii)         "Qualified acquisition costs" means the costs of acquiring, constructing, or reconstructing a residence.  The term includes any usual or reasonable settlement, financing, or other closing costs.

 

iii)        "Qualified first-time homebuyer" means an individual participating in the project involved (and, if married, the individual's spouse) who has no present ownership interest in a principal residence during the three-year period ending on the date of acquisition of the principal residence to which this subsection (f)(2) applies.

 

iv)        "Date of acquisition" means the date on which a binding contract to acquire, construct, or reconstruct the principal residence to which this subsection (f)(2) applies is entered into.

 

B)        Program participants will be eligible to withdraw money from an IDA for a first-time home purchase if they have participated in the program for at least 6 months.

 

3)         Business capitalization expenses

 

A)        "Qualified business capitalization expenses" means qualified expenditures for the capitalization of a qualified business pursuant to a qualified plan.

 

B)        "Qualified expenditures" means expenditures included in a qualified plan, including capital, plant, equipment, working capital, and inventory expenses.

 

C)        "Qualified business" means any business that does not contravene any law or public policy (as determined by the Secretary of HHS).

 

D)        "Qualified plan" means a business plan, or a plan to use a business asset purchased, that:

 

i)          Is approved by a financial institution, a microenterprise development organization, or a nonprofit loan fund having

demonstrated fiduciary integrity;

 

ii)         Includes a description of services or goods to be sold, a marketing plan, and projected financial statements; and

 

iii)        May require the eligible individual to obtain the assistance of an experienced entrepreneurial adviser.

 

4)         Transfers to IDAs of family members are amounts paid from an IDA directly into another such account established for the benefit of an eligible individual who is:

 

A)        the individual's spouse; or

 

B)        any dependent of the individual with respect to whom the individual is allowed a deduction under section 151 of the Internal Revenue Code of 1986.

 

g)         Moneys in an IDA that are used for the qualified expenses listed in subsection (f) of this Section shall be matched from the AFI Fund created as a fund to be held by the Secretary of DHS.  Program participants will receive match funds of 1:1 for homeownership accounts.  Program participants will receive match funds up to 3:1 for educational accounts, pursuant to funding availability.  The AFI Fund is a source of funding from HHS and the Illinois Department of Human Services specifically designated to fund Individual Development Account Initiatives pursuant to provisions of AFIA.

 

h)         Not more than $2,000 of moneys from the AFI Fund shall be provided to any one individual.

 

i)          Not more than $4,000 of moneys from the AFI Fund shall be provided to any one household.

 

j)          Persons eligible to open an IDA and to receive AFI Fund moneys are individuals currently residing in Illinois who are:

 

1)         Able to demonstrate, via the most recent federal tax return, that they are currently eligible for assistance under the TANF program; or

 

2)         Able to demonstrate:

 

A)        via the most recent federal tax return, that the adjusted gross income of their household in the calendar year preceding the determination of eligibility was equal to or less than 200% of the poverty line, as determined by the Federal Office of Management and Budget or the earned income credit, described in section 32 of the Internal Revenue Code of 1986 (taking into account the size of the household); and

 

B)        that the net worth of their household, as of the end of the calendar year preceding the determination of eligibility, does not exceed $10,000, as determined by AFIA section 408(2)(B) and (C).

 

k)         Moneys in an IDA, including accrued interest and matching deposits, shall be disregarded for the purpose of determining the eligibility and benefit level for TANF in the case of the individual establishing the IDA with respect to any period during which the individual maintains or makes contributions into the IDA (see Section 112.151).

 

l)          To be considered fully enrolled in the IDA program, an individual must have:

 

1)         Completed a program application;

 

2)         Submitted a copy of the previous year's federal tax return;

 

3)         Submitted a copy of a credit report issued to him or her during the previous three months;

 

4)         Participated in the IDA orientation;

 

5)         Completed and signed a participant account agreement; and

 

6)         Opened an IDA account at an authorized financial institution.

 

m)        DHS reserves the right to deny applicants that state that their only asset goal is home ownership, if those applicants do not meet the following eligibility thresholds:

 

1)         Earned income must exceed 100% of the federal poverty line as determined by the federal Office of Management and Budget; and

 

2)         Credit scores must exceed a FICO (Fair Isaac and Company) score of 515.

 

n)         Those individuals who do not meet the credit or income threshold requirement for the IDA homeownership initiative will be provided with the following alternatives:

 

1)         Participation in the IDA microenterprise or continuing education initiative; or

 

2)         Participation in a credit-counseling program.

 

o)         IDA program participants shall complete basic financial management training to satisfy the federal requirement for this training.  Financial education partners can provide either basic financial education or asset specific education to program participants.  This training can be offered online, via teleconference, via self-study options, via partner agencies or through direct classroom training.  DHS will create a menu of financial education providers that account holders may use to fulfill their financial education requirements.  This education will be provided free of charge to program participants.

 

p)         IDAs shall only be opened with the permission of DHS.  Accounts may be opened via the Internet, with DHS assistance or via a telephone call to a customer representative.  DHS staff will provide those individuals who complete orientation with permission to open an account by calling and utilizing a Personal Identification Number.

 

q)         Emergency Withdrawals

 

1)         Withdrawals for non-authorized expenses may not be taken from IDAs unless approved, in writing, by a representative from DHS for emergency purposes only.  An emergency withdrawal is a withdrawal by an eligible individual that:

 

A)        is a withdrawal of only those funds, or a portion of those funds, deposited by the individual in the IDA of the individual;

 

B)        is permitted by a qualified entity on a case-by-case basis; and

 

C)        is made for:

 

i)          expenses for medical care, or necessary to obtain medical care, for the individual or a spouse or dependent of the individual;

 

ii)         payments necessary to prevent the eviction of the individual from the residence of the individual or foreclosure on the mortgage for the principal residence of the individual; or

 

iii)        payments necessary to enable the individual to meet necessary living expenses following loss of employment.

 

2)         No other participant funds may be available for solving this emergency need.  An individual shall reimburse an IDA for any funds withdrawn from the account for an emergency withdrawal, not later than 12 months after the date of the withdrawal.  Participants that request more than one emergency withdrawal from their IDA in a calendar year will be removed from the IDA program.  These participants will forfeit their right to participate in this program in the future.  Program participants that make unauthorized withdrawals from their IDAs will be removed from the IDA program and will forfeit their right to participate in this program in the future.  Under no circumstances, and at no time, shall an IDA holder lose the ability to withdraw moneys from his or her IDA.

 

r)          DHS will set up a sweep account to manage electronic withdrawals from participant checking and savings accounts to IDAs.  These accounts will carry no balance and will serve solely as a facilitator of the electronic funds transfer process.

 

s)         IDAs will be set up to draft program participant's primary bank accounts on a date agreed upon by the account holder.  This process will ensure timely deposits to accounts and decrease the need for social service intervention with account holders.  All accounts will utilize this feature to gather participant deposits.

 

t)          Program participants will be eligible to withdraw moneys from an IDA for eligible post-secondary education expenses and business capitalization expenses if they have participated in the program for six months and have fulfilled the financial education requirements listed in subsection (o) of this Section.  Program participants will be eligible to withdraw money from an IDA for a first-time home purchase if they have participated in the program for 6 months and have fulfilled the financial education requirements listed in subsection (o) of this Section.  Program participants may then complete an approved Withdrawal Request Form and submit it to the DHS Project Director.  Once approved by the Project Director, the Director will submit a request that can be used for making a purchase.  The request for a transfer of funds from the AFI Fund must be signed by two representatives of DHS.  One of these representatives must be the DHS Chief Financial Officer.

 

u)         All vendors will receive payment from a participant's IDA and the corresponding matching funds owed from the match funds pool.  Match funds will be sent to the vendor from whom the participant is purchasing the asset.  DHS will be responsible for keeping written records of funds transferred and assets purchased.

 

v)         Program participants will need to submit a separate request for each qualified asset purchase.  The provisions of subsection (t) of this Section shall apply when paying asset vendors for multiple qualified asset purchases.  Purchase requests will be processed within five working days after receipt of a completed purchase requisition.  A complete purchase requisition shall consist of a participant Withdrawal Request Form and a purchase order with a vendor clearly identified as the authorized payee.

 

w)        An IDA holder shall have a 36-month period, beginning on the date DHS authorizes the holder to open the IDA, within which to make a qualified purchase.

 

(Source:  Amended at 32 Ill. Reg. 17167, effective October 20, 2008)

 

Section 112.250  Grant Levels

 

a)         The amount of a recipient unit's grant is the unit's appropriate payment level minus that unit's nonexempt income.

 

b)         If the amount of a recipient unit's grant, as determined under the appropriate provisions of the program, would be greater than $0 but less than $1, the recipient unit is not eligible to receive a grant.  However, such recipient units may be eligible for medical assistance.

 

c)         If the amount of a recipient unit's grant, as determined under the appropriate provisions of the program, is not a whole dollar amount, the amount of the grant shall be rounded down to the next whole dollar amount.

 

(Source:  Amended at 23 Ill. Reg. 7896, effective July 1, 1999)

 

Section 112.251  Payment Levels

 

a)         The Payment Levels are flat, monthly standard amounts.  The TANF Payment Levels are indexed annually so that the maximum TANF Payment Level for each family size is no less than 35% of the most current Federal Poverty Level (FPL).  The amount for an assistance unit is based on two variables:

 

1)         the number in the assistance unit; and

 

2)         the presence or absence of an adult in the assistance unit.

 

b)         The TANF Payment Levels shall be apportioned so that 75% of the grant will be designated for the child or children of the assistance unit and 25% shall be designated for the adult member or members of the assistance unit.

 

c)         TANF Payment Levels for all counties can be found at: https://www.dhs.state.il.us/page.aspx?item=138862.

 

(Source:  Amended at 49 Ill. Reg. 8436, effective June 5, 2025)

 

Section 112.252  Payment Levels − All Counties (Repealed)

 

(Source:  Repealed at 49 Ill. Reg. 8436, effective June 5, 2025)

 

Section 112.253  Payment Levels in Group II Counties (Repealed)

 

(Source:  Repealed at 43 Ill. Reg. 2081, effective January 24, 2019)

 

Section 112.254  Payment Levels in Group III Counties (Repealed)

 

(Source:  Repealed at 43 Ill. Reg. 2081, effective January 24, 2019)

 

Section 112.255  Limitation on Amount of TANF Assistance to Recipients from Other States  (Repealed)

 

(Source:  Repealed at 23 Ill. Reg. 1682, effective January 20, 1999)

 

Section 112.300  Persons Who May Be Included in the Assistance Unit

 

a)         The assistance unit must include at least one eligible child.  No more than two of the following individuals may also be included as adults:

 

1)         the parent or parents of an eligible child; or

 

2)         the caretaker relative and the spouse of the caretaker relative, if residing in the home.

 

b)         In order for an assistance unit to be eligible, an application for a child must also include, if living in the same household and otherwise eligible for assistance:

 

1)         any legal parent of the dependent child; and

 

2)         any blood-related or adoptive brother or sister of the dependent child.

 

c)         All eligible children who are blood-related or adoptive siblings in a family unit shall be included in one case.

 

d)         Two cases shall be established with the same caretaker relative only as follows:

 

1)         The caretaker, his or her own children, the children's eligible siblings and other parent shall be in one assistance unit.

 

2)         Other related children and their eligible parent or parents and siblings shall be in a second assistance unit.

 

e)         A pregnant woman and her spouse (if living together), who would be eligible for TANF when the child is born, may receive assistance as an adult or adults only.

 

f)         When an unmarried pregnant woman is receiving or is eligible to receive cash assistance as a child in a TANF case and the child's legal father is not present, the woman is not eligible for cash assistance as an adult only pregnant woman.

 

g)         The caretaker relative or relatives of a child receiving SSI who would otherwise be eligible for TANF may receive assistance as an adult only case.

 

h)         A child on Foster Care Assistance (except Independent Living) and the foster child's own child or children are not eligible for TANF cash assistance.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.301  Presumptive Eligibility

 

a)         An applicant shall be approved for financial assistance on a presumptive eligibility (PE) basis when the following factors are met:

 

1)         financial eligibility requirements (Subpart C of this Part) have been met;

 

2)         non-financial eligibility (Subpart B of this Part) has not been established but verifications have been requested; and

 

3)         there is no past history of the client having difficulty getting verification of the non-financial eligibility requirements (Subpart B of this Part).

 

b)         When assistance is authorized on a PE basis, eligibility shall continue until all eligibility factors are verified and a final determination of eligibility or ineligibility is completed.  PE assistance shall only be authorized for a maximum of three payment months. If the verification is not provided by the end of the three payment months, the assistance will be terminated.

 

(Source:  Amended at 38 Ill. Reg. 17603, effective August 8, 2014)

 

Section 112.302  Reporting Requirements for Clients with Earnings

 

a)         All assistance units that contain a member with budgetable earnings must submit a written redetermination form to the Department every 12 months.  In the 5^th month between redeterminations, the client will be sent an interim report form.  The client is required to complete, sign and return the interim report by the due date on the form.  Clients with budgetable earnings must report all changes at redetermination and at the time of the interim report. 

 

b)         All units that contain a member with budgetable earnings shall have benefits calculated for 12 months by considering income and attendant circumstances on a prospective basis.

 

c)         Earnings shall be budgeted prospectively based on the redetermination form or interim report.  Income averaging will be used to determine the amount of income to budget.

 

d)         Clients who experience an increase in income above the amount anticipated will not be referred for an overpayment based on the increased income.

 

e)         At intake, the actual amount of income received in the Initial Prorated Entitlement (IPE) period will be used to determine the IPE amount.  The first regular roll payment amount will be computed using income averaging.

 

f)         When the redetermination or interim report has been completed, the Department will determine if eligibility continues and process any adjustments to the payment. The Department will notify the caretaker relative of any changes in the payment and the reason or reasons for the change. 

 

g)         If the Department does not receive the redetermination or interim report form or receives only an incomplete redetermination or interim report form, cash assistance may be terminated.  If the form is incomplete, the Department will send the client a notice advising of the incomplete form and that the client has 10 days to complete the form.  If the family is found ineligible or eligible for a grant less than that of the prior month, the Department will promptly notify the client of the right to a fair hearing and the right to have assistance reinstated.  If a hearing is requested on or before the date of change or within ten calendar days after the date of notice, whichever is later, assistance will be reinstated to the level of the prior month.

 

h)                  All reported changes will be acted upon.  Changes reported on the interim report will be effective the month following the month the report is due.  For changes reported other than at redetermination or on the interim report, if the change results in an increase in benefits, the increase will be effective for the month following the month the change is reported.  If the change results in a decrease in benefits, the decrease will be effective the first month that can be affected following the end of the 10-day timely notice period. 

 

(Source:  Amended at 39 Ill. Reg. 15563, effective December 1, 2015)

 

Section 112.303   Budgeting

 

a)         All clients shall have income and attendant circumstances budgeted on a prospective basis.

 

b)         The payment month is the fiscal month the assistance grant covers.

 

(Source:  Amended at 26 Ill. Reg. 138, effective January 1, 2002)

 

Section 112.304  Budgeting Schedule

 

a)         The budget month and payment month for each case are determined by the schedule the unit is in.  The schedule also governs the approximate issuance date of the assistance payment.

 

b)         The following schedules have been established:

 

SCHEDULE NUMBER	BUDGET MONTH AND PAYMENT MONTH DATES
00	1st through last Day of Calendar Month
01	1st through last Day of Calendar Month
02	1st through last Day of Calendar Month
03	1st through last Day of Calendar Month
04	1st  through last Day of next Calendar Month
05	16th through 15th Day of next Calendar Month
06	16th through 15th Day of next Calendar Month
07	16th through 15th Day of next Calendar Month
08	16th through 15th Day of next Calendar Month
09	16th through 15th Day of next Calendar Month

 

(Source:  Amended at 27 Ill. Reg. 7240, effective April 07, 2003)

 

Section 112.305  Strikers

 

a)         Definition

 

1)         A striker is anyone directly involved in:

 

A)        a strike;

 

B)        a work stoppage planned by employees, including a work stoppage because a contract expired;

 

C)        a slowdown planned by employees;

 

D)        other interruption of operations planned by employees.

 

2)         A person who is a sympathy striker is considered to be a striker.

 

3)         An individual who has been or is on strike at any time during a fiscal month is considered a striker for the fiscal month.

 

b)         An employee affected by a lockout is not a striker.

 

c)         A family with a parent on strike, or a caretaker relative on strike who is not a parent, or a child on strike shall be ineligible, unless the family was receiving TANF or was eligible to receive TANF on the day before the strike began.

 

d)         Eligibility and level of benefits for a striker's family are determined using the family's income as it was on the day before the strike began.  If eligible on the day before the strike, eligibility and level of benefits are determined by using the greater of the striker's pre-strike income or current income plus the non-striking household member's current income.

 

(Source:  Amended at 38 Ill. Reg. 4441, effective January 29, 2014)

 

Section 112.306  Foster Care Program

 

a)         A child is eligible for medical assistance under Aid to Families with Dependent Children – Foster Care (AFDC-F) when:

 

1)         The child has been removed from the home of a specified relative as a result of court action, is a child for whom DCFS has guardianship and is legally responsible and has been placed by the Department of Children and Family Services (DCFS) in foster care or the home of a relative;

 

2)         The child was eligible for and receiving AFDC in or for the month in which court action was initiated leading to placement;

 

3)         The child met the citizenship, age, residence, need and lack of parental support or care criteria for AFDC at the time of initiation of court action and lived with a specified relative at any time within the six months prior to the initiation of court action leading to placement;

 

4)         The child continues to meet AFDC eligibility requirements of age, need, lack of parental support or care and registration/participation requirements; and

 

5)         A child who lives with a parent receiving AFDC-F may also receive AFDC-F.

 

b)         An application for AFDC-F must be signed by an authorized representative of the Department of Children and Family Services.

 

c)         Assistance under the AFDC-F program is effective from the latter of the date:

 

1)         that a completed application is received by the Department; or

 

2)         the child is actually placed in licensed foster care or the home of a relative by DCFS.

 

d)         A foster parent who is a specified relative of an eligible foster child placed in the foster parent's care may receive assistance for the child under either the AFDC-R/AFDC-U or the AFDC-F program.

 

(Source:  Amended at 19 Ill. Reg. 15661, effective November 3, 1995)

 

Section 112.307  Responsibility of Sponsors of Non-Citizens Entering the Country Prior to 8/22/96

 

a)         This Section 112.307, except as specified in subsection (b), applies to all non-citizens who entered the country prior to August 22, 1996, or who entered the country on or after that date, but whose sponsor did not sign an Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA).

 

b)         This Section applies to all non-citizens except the following:

 

1)         persons paroled under Section 212(d)(5) of the INA for at least one year and who entered the United States before August 22, 1996;

 

2)         persons granted asylum by the U.S. Attorney General under Section 208 of the INA;

 

3)         persons admitted as Cuban or Haitian Entrants;

 

4)         persons admitted by application before April 1, 1980 under Section 203(a)(7) of the INA;

 

5)         persons admitted as refugees by application after March 31, 1980 under Section 207(c) of the INA; and

 

6)         persons whose deportation is being withheld under Section 243(h) of the INA.

 

c)         Certain amounts of the income and assets of a sponsor of a non-citizen and the sponsor's spouse, if they live together, are deemed to be available unearned income of the individual non-citizen applying for or receiving assistance if:

 

1)         the sponsor signed an affidavit of support or a similar agreement assuring the non-citizen will not become a public charge;

 

2)         the sponsor is not a recipient of TANF or SSI;

 

3)         the non-citizen has been a resident of the U.S. for less than three years;

 

4)         the non-citizen is not a child or spouse of the sponsor.

 

d)         A sponsor is an individual, private organization or agency or public organization or agency.

 

e)         The spouse's income will be counted even if the sponsor and spouse married after the agreement was signed.

 

f)         The sponsor, if found able to support the non-citizen, wholly or partially, is liable for the needs of the individual only.  The sponsor is not responsible for the needs of the spouse or child or children of the non-citizen if he or she did not sponsor them.

 

g)         If two or more non-citizens applying for assistance are sponsored by the same sponsor, the income of the sponsor deemed available is divided equally among the non-citizens.

 

h)         The sponsor's income available to meet the needs of the non-citizen are determined in the following manner:

 

1)         Determination of Available Income

 

A)        Disregard 20 percent, not to exceed $175, of the earned income of the sponsor or of the sponsor and sponsor's spouse, if they live together.  This includes net earnings from self-employment, allowing business expenses incurred in the production of self-employment income.

 

B)        Add the unearned income of the sponsor and spouse, if they live together.

 

C)        Deduct 3 times the TANF payment level for the size of the sponsor's family unit.  This includes the sponsor and other individuals living with the sponsor who are claimed as federal tax dependents.

 

D)        Deduct any amount paid to individuals outside the home whom the sponsor claims as federal tax dependents.

 

E)        Subtract any alimony or child support paid to individuals not living with the sponsor.

 

2)         Income remaining is applied to the needs of the immigrant.

                       

(Source:  Amended at 38 Ill. Reg. 4441, effective January 29, 2014)

 

Section 112.308  Responsibility of Sponsors of Non-Citizens Entering the Country On or After 8/22/96

 

a)         This Section applies to all non-citizens who entered the country on or after August 22, 1996, and whose sponsors signed an Affidavit of Support under Section 213A of the Immigration and Nationality Act.

 

b)         This Section applies to all non-citizens except the following:

 

1)         persons paroled under Section 212(d)(5) of the INA for at least one year and who entered the United States before August 22, 1996;

 

2)         persons granted asylum by the U.S. Attorney General under Section 208 of the INA;

 

3)         persons admitted as Cuban or Haitian Entrants;

 

4)         persons admitted by application before April 1, 1980, under Section 203(a)(7) of the INA;

 

5)         persons admitted as refugees by application after March 31, 1980, under Section 207 of the INA; and

 

6)         persons whose deportation is being withheld under Section 243(h) of the INA.

 

c)         Certain amounts of the income and assets of a sponsor of a non-citizen and the sponsor's spouse, if they live together, are deemed to be available unearned income of the individual non-citizen applying for or receiving assistance if:

 

1)         the sponsor signed an Affidavit of Support under Section 213A of the INA assuring the non-citizen will not become a public charge;

 

2)         the sponsor is not a recipient of TANF or SSI; and

 

3)         the non-citizen is not a child or spouse of the sponsor.

 

d)         A sponsor is an individual, private organization or agency or public organization or agency.

 

e)         The spouse's income and assets will be counted even if the sponsor and spouse married after the agreement was signed.

 

f)         The sponsor, if found able to support the non-citizen wholly or partially, is liable for the needs of the individual non-citizen only.  The sponsor is not responsible for the needs of the spouse or child or children of the non-citizen if he or she did not sponsor them.

 

g)         If two or more non-citizens applying for assistance are sponsored by the same sponsor, the income of the sponsor deemed available is divided equally among the non-citizens.

 

h)         The sponsor's income and assets available to meet the needs of the non-citizen are determined in the following manner:

 

1)         Determination of Available Income

 

A)        Disregard 20 percent, not to exceed $175, of the earned income of the sponsor or of the sponsor and sponsor's spouse, if they live together.  This includes net earnings from self-employment, allowing business expenses incurred in the production of self-employment income.

 

B)        Add the unearned income of the sponsor and spouse, if they live together.

 

C)        Deduct three times the TANF payment level for the size of the sponsor's family unit.  This includes the sponsor and other individuals living with the sponsor who are claimed as federal tax dependents.

 

D)        Deduct any amount paid to individuals outside the home whom the sponsor claims as federal tax dependents.

 

E)        Subtract any alimony or child support paid to individuals not living with the sponsor.

 

2)         Income remaining is applied to the needs of the non-citizen.

 

3)         Determination of Sponsor's Assets

 

            The asset disregard for a sponsor of a non-citizen is $1500.  The same assets are exempt for a TANF case as provided in Section 112.151.

 

i)          If non-exempt assets are more than the $1500 disregard, the amount over the disregard shall be considered as available to the non-citizen.

 

j)          The sponsor's income and assets shall be deemed available to meet the needs of the non-citizen until the non-citizen is naturalized or has worked 40 qualifying quarters of coverage as specified in Section 421 of the Personal Responsibility and Work Opportunities Reconciliation Act of 1996.

 

(Source:  Amended at 23 Ill. Reg. 13898, effective November 19, 1999)

 

Section 112.309  Institutional Status

 

a)         Individuals residing in non-medical, public institutions or receiving non-medical care in a medical public institution, other than an individual receiving shelter care in a county owned and operated institution are ineligible for assistance. These individuals shall be eligible for assistance while temporarily discharged for the purpose of obtaining necessary medical care provided all eligibility requirements are met.

 

b)         Individuals confined in or under the jurisdiction of any local, state, or federal penal or correctional institution or law enforcement authority are ineligible for assistance.

 

c)         Residents of a private psychiatric hospital or a public tuberculosis hospital certified for participation in the Medicare Program who are 65 years of age or older may be eligible for assistance.  Those individuals residing in a private psychiatric hospital or a public tuberculosis hospital not certified to participate in the Medicare Program are not eligible for public assistance.

 

d)         Individuals under age 21 residing in a private psychiatric hospital having JCAH accreditation may also be eligible for public assistance.

 

e)         A resident of a private institution who has a contract with the institution providing for his total needs throughout his life is ineligible, as no needs remain to be met.

 

f)         Residents of private institutions (other than those who have purchased life care contracts) are ineligible for public assistance when they have purchased care and maintenance to provide for all their needs in the institution and the amount paid has not been wholly consumed for care.

 

g)         Individuals, living in a public or a private facility which has official policies and administrative procedures which are not in conformance or are in conflict with the Public Aid Code provision or Department rules governing eligibility for public assistance, are ineligible for public assistance.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5197)

 

Section 112.310  Child Care for Representative Payees

 

A non-legally responsible relative who is acting as a Representative Payee for one or more children in a TANF case and who is not in the TANF assistance unit may receive child care services to enable the non-legally responsible relative to work.  For purposes of these child care services, the following provisions of Child Care (89 Ill. Adm. Code 50) apply:

 

50.110

50.120

50.130

50.220

50.230(a)

50.230(c)

50.230(d)

50.230(e)

50.240

50.250

 

(Source:  Added at 22 Ill. Reg. 19840, effective November 1, 1998)

 

Section 112.315  Young Parent Program (Renumbered)

 

(Source:  Renumbered to Section 112.83 at 14 Ill. Reg. 13652, effective August 10, 1990)

 

Section 112.320  Redetermination of Eligibility

 

a)         It is the Department's responsibility to determine the continued eligibility of all recipients of assistance and it is the recipient's responsibility to cooperate in the redetermination of eligibility.  A redetermination of eligibility shall be conducted  at least once in a 12-month period.  Failure to cooperate in the redetermination of eligibility process, without good cause, will result in ineligibility.  Examples of good cause include, but are not limited to:

 

1)         death in the family;

 

2)         illness or incapacity of the client or his or her child or children;

 

3)         family crisis;

 

4)         unexpected emergency;

 

5)         breakdown in transportation;

 

6)         inclement weather;

 

7)         if the client is employed, a conflict in the client's work schedule; or

 

8)         a conflicting court and/or administrative hearing appearance.

 

b)         When information of a change in a client's circumstances is received by the local office and the review and redetermination process results in a decision that a client is eligible for an increased amount of financial assistance, the Department shall mail the increased amount of assistance payment no later than 45 calendar days from the date that the local office initially received the information.

 

c)         When a delay in the verification of the change in circumstances is caused by the client, the 45 calendar day period may be extended by one day for each day of delay by the client.

 

d)         When the client fails to provide the required verification or verifications or fails to cooperate in the review and redetermination process, the 45 calendar day limitation is not applicable.

 

(Source:  Amended at 31 Ill. Reg. 6968, effective April 30, 2007)

 

Section 112.330   Extension of Medical Assistance Due to Increased Income from Employment

 

a)         A six-month extension of medical assistance shall be provided when TANF assistance is terminated due to increased hours or increased income from employment.  This extension shall begin with the case's first month of ineligibility.  Ineligibility may result from initial or increased earnings.

 

b)         Except for those cases in the Homeless Families Support Project, the initial six-month medical assistance period can be extended for a total of six additional months.  Eligibility for an extension beyond the initial six-month period shall exist if:

 

1)         the Medical Extension Report Forms are returned by the due date;

 

2)         an eligible child is still in the home;

 

3)         the client's earnings from the past three months minus child care costs are less than 185% of the federal poverty level; and

 

4)         the client has not quit employment without good cause.

 

c)         An extension of medical assistance shall be provided for Refugee cases when:

 

1)         a cash case is terminated due to new or increased earnings from employment; or

 

2)         a medical assistance only case would be placed in spend-down status due to new or increased earnings from employment.

 

d)         For Refugee cases, the medical assistance shall be extended by a period of four months or until the refugee reaches the end of his or her time-eligibility period of refugee assistance, whichever is less.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.331  Four Month Extension of Medical Assistance Due to Child Support Collections

 

a)         A four month extension of medical assistance shall be provided for TANF cases when assistance is terminated due to increased collection of support payments under the IV-D Program.

 

b)         A family must have been receiving TANF or AFDC for at least three of the six months immediately before the month of ineligibility.

 

(Source:  Amended at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.332  Extension of Medical Assistance Due to Loss of Earned Income Disregard (Repealed)

 

(Source:  Repealed at 14 Ill. Reg. 14140, effective August 17, 1990)

 

Section 112.340  New Start Payments to Individuals Released from Department of Corrections Facilities (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 7391, effective May 31, 1997)

 

Section 112.350  Child Care (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.352  Child Care Eligibility (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.354  Qualified Provider (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.356  Notification of Available Services (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.358  Participant Rights and Responsibilities (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.362  Additional Service to Secure or Maintain Child Care Arrangements (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.364  Rates of Payment for Child Care (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.366  Method of Providing Child Care (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.370  Non-JOBS Education and Training Program (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.400  Transitional Child Care Eligibility (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.404  Duration of Eligibility for Transitional Child Care (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.406  Loss of Eligibility for Transitional Child Care (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.408  Qualified Child Care Providers (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.410  Notification of Available Services (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.412  Participant Rights and Responsibilities (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.414  Child Care Overpayments and Recoveries (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.416  Fees for Service for Transitional Child Care (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)

 

Section 112.418  Rates of Payment for Transitional Child Care (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15597, effective November 26, 1997)