Full Text of HB3088 100th General Assembly
HB3088 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3088 Introduced , by Rep. Terri Bryant SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/3-9 | from Ch. 23, par. 3-9 |
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Amends the Aid to the Aged, Blind, or Disabled Article of the Illinois Public Aid Code. In provisions concerning a claim against the estate of a deceased recipient, provides that, subject to federal approval, no claim of the State shall be enforced against any life insurance benefits or proceeds provided by the U.S. Department of Veterans Affairs to the surviving spouse of the deceased recipient.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB3088 | | LRB100 08941 KTG 19085 b |
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| 1 | | AN ACT concerning 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 3-9 as follows:
| 6 | | (305 ILCS 5/3-9) (from Ch. 23, par. 3-9)
| 7 | | Sec. 3-9. Claim against the estate of a deceased recipient. | 8 | | On the death of a person who has been a recipient, the total | 9 | | amount paid
under this Article shall be filed and allowed as a | 10 | | claim against that person's
estate or as a claim against the | 11 | | estate of that person's surviving spouse.
No claim of the | 12 | | State, however, shall be enforced against any real
estate while | 13 | | it is occupied as a homestead by the recipient's surviving
| 14 | | spouse, or a relative of the recipient as defined by the rules | 15 | | and
regulations of the Illinois Department, if no claims by | 16 | | other creditors
have been filed against the estate, or, if such | 17 | | claims have been filed,
they remain dormant for failure of | 18 | | prosecution or failure of the claimant
to compel administration | 19 | | of the estate for the purpose of payment.
"Homestead", as used | 20 | | in this Section, means the dwelling house and
contiguous real | 21 | | estate occupied by a surviving spouse, or defined relative
of | 22 | | the recipient, regardless of the value of the property.
| 23 | | Subject to federal approval, no claim of the State shall be |
| | | HB3088 | - 2 - | LRB100 08941 KTG 19085 b |
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| 1 | | enforced against any life insurance benefits or proceeds | 2 | | provided by the U.S. Department of Veterans Affairs to the | 3 | | surviving spouse of a deceased recipient. | 4 | | The transfer of money, personal property or other personal | 5 | | assets, or
any interest therein, by a present or former | 6 | | recipient into a joint tenancy
account in a bank or other | 7 | | institution or depository shall be prima facie
evidence of an | 8 | | intent to defeat the claim against his estate. The transfer
may | 9 | | be voided in an appropriate legal action, or the Illinois | 10 | | Department
may consider the recipient's interest in the joint | 11 | | tenancy account as an
asset of his estate for the purpose of | 12 | | the claim provided by this Section.
| 13 | | The Illinois Department may, by rule, defer or waive the | 14 | | enforcement of
its claim hereunder if the deceased recipient is | 15 | | survived by a dependent
spouse and minor child or children, or | 16 | | if rehabilitative training for
employment or other means of | 17 | | self-support for the surviving spouse or
children is feasible | 18 | | and the deferment or waiver of the claim would
facilitate | 19 | | achievement of self-support status and prevent or reduce the
| 20 | | likelihood of return to dependency upon public aid.
| 21 | | The estate claim herein provided is in addition to the lien | 22 | | claim
established in Section 3-10.
| 23 | | (Source: P.A. 88-85.)
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