(305 ILCS 5/12-9.1)
DHS Recoveries Trust Fund; uses.
The DHS Recoveries Trust
Fund shall consist of (1) recoveries authorized by this Code in respect to
applicants or recipients under Articles III, IV, and VI, including recoveries
from the estates of deceased recipients, (2) payments received by the Illinois
Department of Human Services under Sections 10-3.1, 10-8, 10-10, 10-16, 10-19,
and 12-9 that are required by those Sections to be paid into the DHS Recoveries
Trust Fund, (3) federal financial participation revenue related to eligible disbursements made by the Illinois Department of Human Services from appropriations required by this Section, and (4) amounts received by the Illinois Department of Human Services directly from federal or State grants and intended to be used to pay a portion of the Department's administrative expenses associated with those grants. This Fund shall be held as a special fund in the State Treasury.
Disbursements from the Fund shall be only (1) for the reimbursement of
claims collected by the Illinois Department of Human Services through error
or mistake, (2) for payment to persons or agencies designated as payees or
co-payees on any instrument, whether or not negotiable, delivered to the
Illinois Department of Human Services as a recovery under this Section, such
payment to be in proportion to the respective interests of the payees in the
amount so collected, (3) for payments to non-recipients, or to former
recipients of financial aid of the collections which are made in their behalf
under Article X, (4) for payment to local governmental units of support
payments collected by the Illinois Department of Human Services pursuant to
an agreement under Section 10-3.1, (5) for payment of administrative expenses
incurred in performing the activities authorized by Article X, (6) for payment of administrative expenses associated with the administration of federal or State grants, (7) for payment
of fees to person or agencies in the performance of activities pursuant to the
collection of moneys owed the State, (8) for payments of any amounts which are
reimbursable to the federal government which are required to be paid by State
warrant by either the State or federal government, and (9) for disbursements to
attorneys or advocates for legal representation in an appeal of any claim for
federal Supplemental Security Income benefits before an administrative law
judge as provided for in Section 3-13 of this Code. Disbursements from the
Fund for purposes of items (5), (6), (7), and (9) of this paragraph shall be subject
to appropriations from the Fund to the Illinois Department of Human Services.
Any transfers from the Fund that were required to be made prior to June 19, 2013 (the effective date of Public Act 98-24) shall not be made.
(Source: P.A. 100-59, eff. 1-1-18