Illinois General Assembly - Full Text of HB4423
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Full Text of HB4423  102nd General Assembly




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1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Aid Code is amended by
5changing Sections 4-1.6 and 12-4.11 as follows:
6    (305 ILCS 5/4-1.6)  (from Ch. 23, par. 4-1.6)
7    Sec. 4-1.6. Need. Income available to the family as
8defined by the Illinois Department by rule, or to the child in
9the case of a child removed from his or her home, when added to
10contributions in money, substance or services from other
11sources, including income available from parents absent from
12the home or from a stepparent, contributions made for the
13benefit of the parent or other persons necessary to provide
14care and supervision to the child, and contributions from
15legally responsible relatives, must be equal to or less than
16the grant amount established by Department regulation for such
17a person. For purposes of eligibility for aid under this
18Article, the Department shall (a) disregard all earned income
19between the grant amount and 50% of the Federal Poverty Level
20and (b) disregard the value of all assets held by the family.
21    In considering income to be taken into account,
22consideration shall be given to any expenses reasonably
23attributable to the earning of such income. Three-fourths of



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1the earned income of a household eligible for aid under this
2Article shall be disregarded when determining the level of
3assistance for which a household is eligible. The first $100
4of child support collected on behalf of a family in a month for
5one child and the first $200 of child support collected on
6behalf of a family in a month for 2 or more children shall be
7passed through to the family and disregarded in determining
8the amount of the assistance grant provided to the family
9under this Article. Any amount of child support that would be
10disregarded in determining the amount of the assistance grant
11shall be disregarded in determining eligibility for cash
12assistance provided under this Article. The Illinois
13Department may also permit all or any portion of earned or
14other income to be set aside for the future identifiable needs
15of a child. The Illinois Department may provide by rule and
16regulation for the exemptions thus permitted or required. The
17eligibility of any applicant for or recipient of public aid
18under this Article is not affected by the payment of any grant
19under the "Senior Citizens and Persons with Disabilities
20Property Tax Relief Act" or any distributions or items of
21income described under subparagraph (X) of paragraph (2) of
22subsection (a) of Section 203 of the Illinois Income Tax Act.
23    The Illinois Department may, by rule, set forth criteria
24under which an assistance unit is ineligible for cash
25assistance under this Article for a specified number of months
26due to the receipt of a lump sum payment.



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1(Source: P.A. 98-114, eff. 7-29-13; 99-143, eff. 7-27-15;
299-899, eff. 1-1-17.)
3    (305 ILCS 5/12-4.11)  (from Ch. 23, par. 12-4.11)
4    Sec. 12-4.11. Grant amounts. The Department, with due
5regard for and subject to budgetary limitations, shall
6establish grant amounts for each of the programs, by
7regulation. The grant amounts may vary by program, size of
8assistance unit and geographic area. Grant amounts under the
9Temporary Assistance for Needy Families (TANF) program may not
10vary on the basis of a TANF recipient's county of residence.
11    Aid payments shall not be reduced except: (1) for changes
12in the cost of items included in the grant amounts, or (2) for
13changes in the expenses of the recipient, or (3) for changes in
14the income or resources available to the recipient, or (4) for
15changes in grants resulting from adoption of a consolidated
16grant amount.
17    The maximum benefit levels provided to TANF recipients
18shall increase as follows: beginning October 1, 2022 2018, the
19Department of Human Services shall increase TANF grant amounts
20in effect on September 30, 2022 2018 to at least 50% 30% of the
21most recent United States Department of Health and Human
22Services Federal Poverty Guidelines for each family size.
23Beginning October 1, 2023 2019, and each October 1 thereafter,
24the maximum benefit levels shall be annually adjusted to
25remain equal to at least 50% 30% of the most recent poverty



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1guidelines updated periodically in the Federal Register by the
2U.S. Department of Health and Human Services under the
3authority of 42 U.S.C. 9902(2) for each family size.
4    TANF grants for child-only assistance units shall be at
5least 75% of TANF grants for assistance units of the same size
6that consist of a caretaker relative with children.
7    In fixing standards to govern payments or reimbursements
8for funeral and burial expenses, the Department shall
9establish a minimum allowable amount of not less than $1,000
10for Department payment of funeral services and not less than
11$500 for Department payment of burial or cremation services.
12On January 1, 2006, July 1, 2006, and July 1, 2007, the
13Department shall increase the minimum reimbursement amount for
14funeral and burial expenses under this Section by a percentage
15equal to the percentage increase in the Consumer Price Index
16for All Urban Consumers, if any, during the 12 months
17immediately preceding that January 1 or July 1. In
18establishing the minimum allowable amount, the Department
19shall take into account the services essential to a dignified,
20low-cost (i) funeral and (ii) burial or cremation, including
21reasonable amounts that may be necessary for burial space and
22cemetery charges, and any applicable taxes or other required
23governmental fees or charges. If no person has agreed to pay
24the total cost of the (i) funeral and (ii) burial or cremation
25charges, the Department shall pay the vendor the actual costs
26of the (i) funeral and (ii) burial or cremation, or the minimum



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1allowable amount for each service as established by the
2Department, whichever is less, provided that the Department
3reduces its payments by the amount available from the
4following sources: the decedent's assets and available
5resources and the anticipated amounts of any death benefits
6available to the decedent's estate, and amounts paid and
7arranged to be paid by the decedent's legally responsible
8relatives. A legally responsible relative is expected to pay
9(i) funeral and (ii) burial or cremation expenses unless
10financially unable to do so.
11    Nothing contained in this Section or in any other Section
12of this Code shall be construed to prohibit the Illinois
13Department (1) from consolidating existing standards on the
14basis of any standards which are or were in effect on, or
15subsequent to July 1, 1969, or (2) from employing any
16consolidated standards in determining need for public aid and
17the amount of money payment or grant for individual recipients
18or recipient families.
19(Source: P.A. 100-587, eff. 6-4-18; 101-103, eff. 7-19-19.)
20    Section 99. Effective date. This Act takes effect October
211, 2022.