Section 160.110  Distribution of Child Support for Former AFDC or TANF Recipients Who Continue to Receive Child Support Services

Child support payments that are received on behalf of a former AFDC or TANF recipient who continues to receive child support services shall be distributed in accordance with the provisions of subsections (a) through (h).

a)         Current Support:  Upon cancellation of TANF or AFDC, a client's assignment of support ceases (see Section 160.20), except with respect to the amount of any unpaid support obligation that has accrued under the assignment. For any month in which a client is not a TANF recipient, regardless of whether the client continues to receive child support services, the client is entitled to the amount of current support paid for that month, up to the amount of the monthly support obligation for that month.  Current support payments to former AFDC or TANF recipients who do receive child support services from the Department shall be issued within two business days after the payment is initially received in the State.

b)         Unpaid Current Support Accrued Following Cancellation:  If the amount of child support collected in a month on behalf of a former AFDC or TANF recipient who receives child support services exceeds the amount of current support distributed pursuant to subsection (a), the client shall be paid any such amount, up to the unpaid current support obligation that has accrued for any month following cancellation of the client's AFDC or TANF case in which the client received child support services.  The payments to former AFDC or TANF recipients shall be issued within two business days after initial receipt in the State.

c)         Unpaid Current Support Accrued Prior to the Family Receiving Assistance (only in cases where the assignment of support rights under Section 160.20 of this Part was entered into on or after October 1, 1998 but before October 1, 2009):  If the amount of child support collected in a month on behalf of a former AFDC or TANF recipient who receives child support services exceeds the amount of support distributed pursuant to subsections (a) and (b), the client shall be paid any such amount, up to the unpaid current support obligation that has accrued for any month prior to the family having first received assistance, but only if the first month commenced on or after October 1, 1998 and before October 1, 2009, and only if that amount was not collected by use of federal income tax refund offset.  Payments to former TANF recipients shall be issued within two business days after initial receipt in the State.

d)         Unpaid Current Support Accrued Prior to the Family Receiving Assistance (only in cases in which the assignment of support rights under Section 160.20(b)(3) was entered into on or after October 1, 2009:  If the amount of child support collected in a month on behalf of a former AFDC or TANF recipient who receives child support services exceeds the amount of support distributed pursuant to subsections (a) and (b), the client shall be paid any such amount, up to the unpaid current support obligation that has accrued for any month prior to the family having first received assistance.  Payments to former TANF recipients shall be issued within two business days after initial receipt in this State.

e)         Unreimbursed AFDC or TANF:  If the amount of child support collected in a month on behalf of a former AFDC or TANF recipient exceeds the amount to be distributed pursuant to subsections (a) and (b) and, when applicable, subsection (c), the excess shall be retained by the Department to reimburse it for past unreimbursed AFDC or TANF.  If the unpaid support obligation is greater than the past unreimbursed AFDC or TANF, then the maximum reimbursement amount is the amount of unreimbursed AFDC or TANF the Department has provided.  If the past unreimbursed AFDC or TANF is greater than the unpaid support obligation, then the maximum reimbursement amount is the amount of the unpaid support obligation, unless amounts are collected that represent the required support obligation for periods prior to the first month in which the former AFDC or TANF recipient received AFDC or TANF, and that first month of receipt of AFDC or TANF occurred prior to October 1, 1998, or the amounts are collected by use of offset of federal income tax refunds, in which case those amounts will be retained by the Department to reimburse the difference between the support obligation and the past unreimbursed AFDC or TANF.

f)         Past Excess:  If the amount of child support collected in a month on behalf of a former AFDC or TANF recipient exceeds the amount to be distributed pursuant to subsections (a), (b), (c), (d) and (e), the excess, up to the amount of the unpaid support obligation, including the unpaid obligation for months prior to the first month in which the former AFDC or TANF recipient received AFDC or TANF, shall be paid to the client.  Payments to former AFDC or TANF recipients shall be issued within two business days after initial receipt in the State.

g)         Amounts In Excess of the Child Support Obligation:  If the amount of child support collected in a month on behalf of a former AFDC or TANF recipient who continues to receive child support services exceeds the amount to be distributed pursuant to subsections (a), (b), (c), (d), (e) and (f), and a support obligation exists for future months, the amount shall be applied to the future months and paid to the client, except when the collection was the result of a federal income tax refund intercept.  In any collection resulting from a federal income tax refund intercept, distribution will be applied in accordance with Section 160.130.  If no future support is due, the excess shall be refunded to the responsible relative.

h)         Identification of Child Support Payment:  Any support payment issued to a former AFDC or TANF recipient under this Section shall be identified on its face as being a child support payment.

(Source:  Amended at 34 Ill. Reg. 15406, effective September 27, 2010)