093_HB3329
LRB093 10204 DRJ 10458 b
1 AN ACT in relation to public aid.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5 changing Section 4-1.12 as follows:
6 (305 ILCS 5/4-1.12)
7 Sec. 4-1.12. Five year limitation.
8 (a) No assistance unit shall be eligible for a cash
9 grant under this Article if it includes an adult who has
10 received cash assistance as an adult for 60 months, whether
11 or not consecutive, after the effective date of this
12 amendatory Act of 1997. The Illinois Department may exempt
13 individual assistance units from the 60-month limitation or
14 determine circumstances under which a month or months would
15 not count towards the 60-month limitation even though the
16 assistance unit did receive cash assistance under this
17 Article.
18 (b) Within 30 days before the 54th month of a recipient's
19 assistance that counts toward the 60-month limitation under
20 this Section, the Illinois Department shall notify the
21 recipient in writing that he or she is approaching the
22 60-month limitation on assistance and shall schedule an
23 in-person meeting with the recipient before the beginning of
24 the 54th month of assistance. At the meeting, the Illinois
25 Department shall do the following:
26 (1) Review the months counted toward the 60-month
27 limitation and reduce the months counted by any months
28 counted in error and by any months for which the Illinois
29 Department has been repaid for cash assistance provided
30 by child support or other offsets.
31 (2) Inquire into the employability of the adult
-2- LRB093 10204 DRJ 10458 b
1 recipient and make appropriate referrals for job
2 readiness, job placement, or skill-building activities.
3 (3) Inquire into the existence of disabilities,
4 hardships, or barriers to employment, and make
5 appropriate referrals for treatment, counseling, or
6 diagnosis or to the Social Security Administration for
7 processing of an application for disability benefits.
8 (4) In conjunction with the inquiries under
9 paragraphs (2) and (3), conduct a literacy test and make
10 referrals for other tests as needed to ascertain barriers
11 to employment.
12 (5) If child support is not being collected on
13 behalf of the household and cooperation with child
14 support enforcement has not been waived, refer the
15 recipient to the child support enforcement program for
16 expedited service.
17 (c) Before the 58th month of a recipient's assistance
18 that counts toward the 60-month limitation under this
19 Section, the Illinois Department shall notify the recipient
20 in writing that he or she is approaching the 60-month
21 limitation on assistance and shall schedule an in-person
22 meeting with the recipient before the beginning of the 58th
23 month of assistance. At the meeting, the Illinois Department
24 shall do the following:
25 (1) Determine whether the recipient is entitled to
26 any exception to the 60-month limitation then in effect
27 under applicable laws or rules.
28 (2) If no exception to the 60-month limitation
29 applies, determine the recipient's family's entitlement
30 to ongoing medical assistance and food stamps and to any
31 ongoing cash assistance for members of the family other
32 than the recipient, the circumstances under which that
33 cash assistance will be available, and any other ongoing
34 benefits or services available to the recipient and the
-3- LRB093 10204 DRJ 10458 b
1 family.
2 (3) Perform any of the functions required under
3 subsection (b) that have not been performed or that
4 should be updated or revised.
5 (d) The Illinois Department may not terminate or sanction
6 any individual for failure to attend either of the meetings
7 required under subsections (b) and (c). If the recipient
8 fails to appear for a meeting, the Department shall conduct
9 the activities prescribed for the meeting to the extent
10 possible in the recipient's absence. If the recipient
11 appears at the district office for any purpose after the date
12 of a scheduled meeting, the Department shall attempt to
13 conduct the meeting at that time or agree with the recipient
14 on a schedule to conduct the meeting.
15 (e) The Illinois Department may not deny assistance under
16 this Article to any adult applicant for assistance on the
17 grounds that the applicant previously has received cash
18 assistance as an adult for 60 months, without first reviewing
19 the months counted toward the 60-month limitation and
20 reducing the months counted by any months counted in error
21 and by any months for which the Illinois Department has been
22 repaid for cash assistance provided by child support or other
23 offsets, nor may the Illinois Department deny assistance
24 under this Article to any such applicant without inquiring
25 whether an exception to the 60-month limitation applies.
26 (Source: P.A. 90-17, eff. 7-1-97.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.