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(305 ILCS 5/3-13) (from Ch. 23, par. 3-13)
Sec. 3-13. Federal program - Declaration of responsibilities: It is the
position of this State that the Federal Government should meet its obligation
to provide financial aid to those aged, blind or disabled persons eligible
under Article III hereof so as to assure those persons a standard of living
compatible with health and well-being, including any supplementary aid program
provided to meet special or emergency needs, and it is the position of this
State that the Federal Government should meet its obligation to provide
continuing supplemental nutritional aid for such persons through the Federal
Food Stamp Program or through full reimbursement for expenditures made in lieu
of such Food Stamp Program.
(a) The Illinois Department may, from federal reimbursements received under
this Section, make disbursements to any attorney, or
advocate working under the supervision of an attorney, who represents a
recipient of assistance under Article VI of this Code in a program
administered by the Illinois Department, in an appeal
of any claim for federal Supplemental Security Income benefits before an
administrative law judge which is decided in favor of such
recipient. The amount of such disbursement shall be equal to 25% of the
maximum federal Supplemental Security Income grant payable to an individual
for a period of one year. No such disbursement shall be made unless a petition
and a copy of the favorable decision is submitted by such attorney or advocate
to the Illinois Department within 60 days of the date of such decision. The
disbursement shall be made within 30 days after the petition is received. The
Illinois Department shall promulgate rules and regulations necessary to
implement this subsection.
(b) The Illinois Department shall institute a State program to fully
supplement the federal Supplemental Security Income grants of all persons
in the aged, blind, or disabled categories who meet the eligibility and
need requirements of this Code. The amount or amounts of
such supplementary payments shall be established by the Director of the
Illinois Department in a manner consistent with the other provisions of
this Article III.
(c) The Illinois Department, the Comptroller and the Treasurer, are
authorized to disburse to the Federal Government amounts appropriated to
the Illinois Department for use in furnishing aid to persons eligible under
Article III of this Code, to receive reimbursements from the Federal
Government therefor, and to establish administrative procedures necessary
for the accomplishment of such a payment system.
(Source: P.A. 93-632, eff. 2-1-04.)
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