Section 285.1101  Definitions

As used in this Part unless the context indicates otherwise, the following terms shall have the meanings specified:

            "Account or claim eligible to be offset", means an amount owed to the State or to any of its agencies or instrumentalities or other amount authorized by statute to be collected through offset which represents:

            an outstanding liability of a person to a fund in the State Treasury or other fund held by the State Treasurer,

            an outstanding liability of a person to a fund not held by the State Treasurer, where such amount exceeds $50,

            past due child support owed by a person as a result of support action being taken by the Department of Public Aid under Article X of the Illinois Public Aid Code [305 ILCS 5/Art. X], whether or not such support is owed to the State,

            delinquent or defaulted amounts due and owing from a borrower, whether or not due and owing to the State, on any loan guaranteed by the Illinois State Scholarship Commission under the Higher Education Student Assistance Act [110 ILCS 947] or on any "eligible loan" as that term is defined under the Education Loan Purchase Program Law [110 ILCS 947/125 to 170], or

            any amounts recoverable under Section 120 of the Higher Education Student Assistance Act [110 ILCS 947/120], whether or not any amounts so recoverable are due and owing to the State, in a civil action from a person who received a scholarship, grant, monetary award or guaranteed loan.

            "Act", means the "State Comptroller Act" [15 ILCS 405].

            "Comptroller", means the Comptroller of the State of Illinois or any employee of the Office of the Comptroller authorized by the Comptroller, directly or indirectly by one or more redeligations of authority, to perform the functions and duties required by the Act or this Part.

            "Disposable earnings", means that part of the earnings of an individual remaining after deduction of any amounts required by law to be withheld (e. g. Federal and State income tax withholding; Social Security (F.I.C.A.) withholding; pension/retirement withholding).

            "Net amount of the warrant", means that amount of money, which a State agency has authorized the Comptroller to order the payment of, remaining after all involuntary and voluntary deductions are made and deferred compensation is deducted.

            "Offset", means a contrary claim or demand by which a given person's claim to a warrant of the State Comptroller may be lessened or cancelled.

            "Person", means any individual, corporation, company, association, firm, partnership, society, joint stock company, unit of local government or any other organization.

            "Person subject to the offset", means the payee of any warrant from which the Comptroller has offset an account or claim eligible to be offset.

            "Received a voucher", means that point in time when the Comptroller has physically received the voucher in-house and has date-stamped the voucher.

            "Section 10.05 of the Act", means Section 10.05 of the State Comptroller Act [15 ILCS 405/10.05].

(Source:  Amended at 19 Ill. Reg. 227, effective December 30, 1994)