AUTHORITY: Implementing Articles I through IX and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/Arts. I through IX and 12-13].

SOURCE: Emergency rules adopted at 21 Ill. Reg. 9515, effective July 1, 1997, for a maximum of 150 days; adopted at 21 Ill. Reg. 15515, effective November 26, 1997; amended at 22 Ill. Reg. 19816, effective November 1, 1998; amended at 23 Ill. Reg. 6944, effective June 1, 1999; amended at 24 Ill. Reg. 7856, effective May 16, 2000; amended at 24 Ill. Reg. 18153, effective November 30, 2000; amended at 25 Ill. Reg. 7170, effective May 24, 2001; amended at 28 Ill. Reg. 1083, effective December 31, 2003; amended at 28 Ill. Reg. 5650, effective March 22, 2004; amended at 29 Ill. Reg. 8148, effective May 18, 2005; amended at 31 Ill. Reg. 6962, effective April 30, 2007; amended at 31 Ill. Reg. 7638, effective May 15, 2007; amended at 32 Ill. Reg. 4375, effective March 12, 2008; amended at 33 Ill. Reg. 16814, effective November 30, 2009; amended at 33 Ill. Reg. 17345, effective December 14, 2009; amended at 34 Ill. Reg. 10079, effective July 1, 2010; amended at 35 Ill. Reg. 7670, effective April 29, 2011; emergency amendment at 36 Ill. Reg. 10421, effective July 1, 2012, for a maximum of 150 days; emergency amendment at 36 Ill. Reg. 11486, effective July 1, 2012, for a maximum of 150 days; emergency expired November 27, 2012; amended at 37 Ill. Reg. 1865, effective February 4, 2013; amended at 37 Ill. Reg. 3402, effective March 8, 2013; emergency amendment at 37 Ill. Reg. 16838, effective October 1, 2013, for a maximum of 150 days; amended at 38 Ill. Reg. 5375, effective February 7, 2014; amended at 43 Ill. Reg. 6987, effective May 31, 2019; emergency amendment at 44 Ill. Reg. 6107, effective April 6, 2020, for a maximum of 150 days; emergency expired September 2, 2020; amended at 44 Ill. Reg. 18345, effective October 29, 2020.

SUBPART A: APPLICABILITY AND DEFINITIONS

 

Section 10.101  Incorporation By Reference

 

Any rules or regulations of an agency of the United States or of a nationally recognized organization or association that are incorporated by reference in this Part are incorporated as of the date specified and do not include any later amendments or editions.

 

Section 10.110  Applicability

 

a)         This Part applies to activities of the Illinois Department of Human Services and local governmental units in administering those programs and activities authorized by the Illinois Public Aid Code [305 ILCS 5] and any other applicable statutes.

 

b)         Should any Rule, subdivision, clause, phrase, or provision of this Part be held unconstitutional or invalid for any reason whatsoever, such holdings shall not affect the validity of the remaining portions of this Part.

 

c)         This Part shall be operative only to the extent that it does not conflict with any Federal law or regulation governing Federal grants to this State for public assistance programs.

 

Section 10.120  Definitions

 

"AABD" or "Aid to the Aged, Blind or Disabled" – Financial assistance and medical assistance available to individuals who have been determined to be aged, blind or disabled as defined by the Social Security Administration.

 

"Adequate Consideration" − The receipt of goods, monies or services at least in the amount of the fair market value of the property sold.

 

"Adult Cases" − A case in which no child is included in the assistance unit.

 

"Adverse Action" − Any action that reduces SNAP benefits or terminates participation in SNAP within a certification period.

 

"Agency Error" − An action or inaction of the Department resulting in assistance benefits being furnished to or in behalf of a client for which the client is not eligible.

 

"Applicant" − An individual requesting assistance by completion of a signed, written application form or a person in whose behalf a signed written application form requesting assistance is completed.

 

"Application" − A request for assistance by means of a completed, signed designated form.  For SNAP purposes, only a name, address and signature are needed on the form.

 

"Assistance Unit" − The individual or individuals living together for whom the Department determines eligibility and, if eligible, provides financial and/or medical assistance as one unit.

 

"Beneficiary" − Any person nominated in a will to receive an interest in property other than in a fiduciary capacity.

 

"Caretaker Relative" or "Specified Relative" − A relative, as specified in this definition, with whom a child must live to be eligible for TANF and who is providing care, supervision and a home for the child.

 

Blood or adoptive relatives within the fifth degree of kinship:

 

Father – Mother

 

Brother – Sister

 

Grandmother – Grandfather (including up to great-great-great)

 

Uncle – Aunt (including up to great-great)

 

Nephew – Niece (including up to great-great)

 

First Cousin

 

First Cousin once removed (child of first cousin)

 

Second Cousin (child of great-aunt/uncle)

 

Step-Relatives:

 

Step-Father – Step-Mother

 

Step-Brother – Step-Sister

 

Person who is or has been married to one of the above relatives.

 

"Categorical Assistance Programs" − TANF, AABD and related MANG programs.

 

"Categorically Eligible" − The meeting of all eligibility requirements for a categorical assistance program other than financial need.

 

"Certification for SNAP" − Authorization of eligibility of a household for SNAP.

 

"Certification Period" − The period of time for which a household is authorized to participate in SNAP.

 

"Certifying Office" − The DHS local office or General Assistance unit office responsible for certification of SNAP participants.

 

"Child and Family Assistance Case" − A General Assistance case in which case eligibility is based on pregnancy or the presence of an eligible child.

 

"Client" − The adult in the family or unit applying for assistance or receiving assistance on behalf of the family.

 

"Client Error" − A client's mistake, misunderstanding, misrepresentation or concealment of information or failure to report information promptly that results in financial and/or medical assistance being paid to or in behalf of a recipient for which the recipient is not eligible.

 

"Correspondent" − A specific individual who has been legally designated to handle the affairs of another individual, that is, parents, court-appointed guardian or conservator.

 

"DCFS" − Illinois Department of Children and Family Services.

 

"Department" − The Illinois Department of Human Services.

 

"Dependent Child" − A child age 18 or under who is living with a relative.  If age 18, the child must be a full-time high school (or equivalent) student.

 

"Disbursing Order" − An invoice voucher form given to a client authorizing a vendor to provide specified goods and/or services.

 

"Disposition of an Application" − The determination of eligibility or ineligibility.

 

"Diverted Income" − Earned or unearned income of a parent used to meet the needs of ineligible person or persons, including the parent, their dependent child or children or their spouse.

 

"DOC" −  Illinois Department of Corrections.

 

"DOL" − Illinois Department of Labor.

 

"Earmarked Income" − Income restricted for the use of an individual by court order or by legal stipulation of a contributor.  Only income of a child may be considered earmarked for Departmental purposes.  The income of an eligible child who has siblings in the home receiving TANF financial assistance cannot be earmarked.

 

"Earned Income" − Pay derived through the receipt of wages or salary for services performed as an employee or profits from activity in which the individual is self-employed.

 

"Effective Date" − The date for which case action is authorized.

 

"Enrolled MANG Participant" − Person or unit meeting the nonfinancial factors of eligibility.

 

"Established 12-Month Period" − The period of 12 calendar months over which income is compared to the applicable MANG standard.

 

"Estate" − All real and personal property within an individual's estate as provided in Illinois probate law.  For a decedent who received benefits under a long term care insurance policy in connection with which assets were disregarded, the term "estate" includes all real and personal property in which the individual had legal title or interest at the time of death (to the extent of such interest), including assets conveyed to a survivor, heir or assignee of the deceased person through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement.

 

"Expedited Issuance" − Authorization of SNAP benefits after the household has been determined to be destitute or to have zero net income.

 

"Expedited Service" − An immediate processing of a SNAP application and determination of eligibility for expedited issuance.

 

"Final Administrative Decision" − A decision made by the Department as a result of an appeal.  It either upholds or reverses the appealed action or determines a lack of jurisdiction.

 

"Financial Assistance" − Public assistance paid in the form of a cash benefit to a recipient for income maintenance needs.  Medical assistance and SNAP benefits are not considered financial assistance.

 

"Financial Factors of Eligibility" − Income, assets and Department levels of assistance.

 

"Financially Eligible" − The meeting of all financial factors of eligibility.

 

"Fiscal Month" − Begins on a given day in one calendar month and ends on the day prior to the same given day in the next calendar month.

 

"FNS" − The Food and Nutrition Service of the United States Department of Agriculture.

 

"Full-Time Employment" − Employment of 30 hours per week or more.

 

"GA" or "General Assistance" – Financial and medical assistance available to eligible needy families or individuals who are ineligible to receive assistance through a categorical assistance program. All State funded General Assistance and related medical benefits were eliminated effective July 1, 2012.

 

 

"Grant" − The total amount of a monthly financial assistance payment.

 

"Grant Cases" − Public assistance cases authorized for financial assistance payments to the recipient.

 

"Head of Household" − The person in whose name application is made for participation in SNAP.  This person is normally the individual who is the household's primary source of income.

 

"Hearing" − The actual presentation and consideration of the issue under appeal before a hearing officer of the Department.

 

"Heir" − Any person entitled under the statutes to an interest in property of a decedent.

 

"HFS" − Illinois Department of Healthcare and Family Services, formerly known as the Illinois Department of Public Aid (DPA).

 

"Initial Prorated Entitlement" or "IPE" − Financial assistance to cover the period from the initial point of eligibility (application for assistance or initial needs of a person being added to the assistance unit) through two days after the mailing date of the first regular monthly assistance warrant.

 

"In-Kind Income" − Income received by or paid in behalf of an individual in a form other than money.

 

"Interim Assistance" − Assistance furnished to or in behalf of an individual financed totally from State and/or local funds for basic maintenance needs and furnished during the period beginning with the month in which the individual filed an application for Supplemental Security Income (SSI) and for which the individual was found eligible.

 

"Local Governmental Unit" − Every county, city, village, incorporated town or township charged with the duty of providing public aid under General Assistance and County Veterans Assistance Commissions providing assistance to indigent war veterans and their families.

 

"Local Office" − Department of Human Services-Division of Human Capital Development office that serves clients.

 

"Lump-Sum Payment" − An extraordinary or non-recurring income payment received by a client.

 

"MAG" or "Medical Assistance Grant" – Medical assistance paid on behalf of a recipient of financial assistance.

 

"MANG" or "Medical Assistance No Grant" – Medical assistance paid on behalf of a recipient of categorical assistance who is not receiving financial assistance.

 

"MANG(AABD)" − Medical assistance available to individuals who have sufficient income and assets to meet all maintenance needs other than medical care and who are receiving Supplemental Security Income benefits or who are determined to be aged, blind or disabled by the Department of Human Services.

 

"MANG(C)" − Medical Assistance to Needy Families with Children, which is available to families with one or more children who would qualify for TANF on the basis of non-financial eligibility factors but have sufficient income and assets to meet all maintenance needs other than medical care.

 

"Medicaid" − Medical assistance issued by the Department under provisions of Title XIX of the Social Security Act (42 USC 1396); MAG and MANG.

 

"Medical Assistance" − Medicaid.

 

"MediPlan Card" − A document that identifies individuals for whom HFS will pay for essential medical services and supplies.

 

"Migrant Worker" − Any person residing temporarily in and employed in Illinois who moves seasonally from one place to another for the purpose of employment in agricultural activities, including the planting, raising or harvesting of any agricultural or horticultural commodities and the handling, packing or processing of those commodities on the farm where produced or at the point of first processing.

 

"OASDI" or "Old Age, Survivors, and Disability Insurance" – Often termed "Social Security".

 

"OJT" − On-the-job training programs sponsored through the TANF Program, Supplemental Nutrition Assistance Employment and Training Program or WIA.

 

"Participant" − A person taking part in SNAP or a Departmental employment and training program.

 

"Recipient" − An individual who receives benefits under an assistance program.

 

"SNAP" − Supplemental Nutrition Assistance Program, formerly known as the Food Stamp Program.  A food and nutrition supplement program available to individuals and families.

 

"SNAP Benefits" − The cash value of benefits that a SNAP unit receives from the program.

 

"SNAP Household" or "SNAP Unit" − For purposes of SNAP, a household or unit is defined as any of the following:

 

An individual living alone;

 

An individual living with others, who customarily purchases food and prepares meals for home consumption separate and apart from others;

 

A group of individuals who live together and customarily purchase food and prepare meals together for home consumption or who, because of their relationship, are required to qualify for SNAP as a unit.

 

"Specified Relative" − Same as caretaker relative.

 

"Spenddown" − The amount by which a client's nonexempt income during the eligibility period exceeds the MANG income and asset standards.

 

"SSA" − The Social Security Administration.

 

"SSI" or "Supplemental Security Income" – A program administered by the Social Security Administration providing monthly aid to aged, blind and disabled individuals.

 

"Student" − An individual who is enrolled at least half time (as defined by the institution) in any elementary/middle school, high school, vocational school, technical school, training program or institution of higher education.  Enrollment in a mail, self-study or correspondence course does not meet the definition of a student.

 

"Supervision" − Exercising of responsibility for the child's welfare by the caretaker.

 

"Supplemental Nutrition Assistance Employment and Training Program" − Employment and training program for SNAP recipients.

 

"TANF" or "Temporary Assistance for Needy Families" − Financial and medical assistance available to families with one or more dependent children.

 

"Temporary Caretaker" − Another individual temporarily acting as a caretaker (not included in the assistance unit) when no caretaker relative is available.

 

"UI" − Unemployment Insurance Benefits.

 

"Unearned Income" − All income other than earned income.

 

"Vendor Payment" − Direct payment to vendors for items or services provided to clients.

 

"WIA" − The federal Workforce Investment Act (29 USC 2801 et seq.).

 

"Work Experience" − A Department program that provides experience in a job.

 

(Source:  Amended at 37 Ill. Reg. 1865, effective February 4, 2013)

 

Section 10.130  Assistance Programs

 

a)         The types of assistance programs administered by the Illinois Department of Human Services include:  financial assistance and SNAP benefits.

 

b)         Financial Assistance Programs – consists primarily of direct cash payments to recipients.  The various financial assistance programs are:

 

1)         Aid to the Aged, Blind or Disabled – State Supplemental Payment for aged, blind or disabled persons.

 

2)         Temporary Assistance for Needy Families for families with one or more children.

 

3)         Refugee Resettlement Program (RRP) for refugees from any country.

 

4)         Repatriate Program for United States citizens and their dependents returned from a foreign country by the U.S. Department of State.

 

c)         SNAP Benefits – provides increased food purchasing benefits to recipients.  SNAP benefits are available to individuals who meet the eligibility requirements of the Food and Nutrition Service of the U.S. Department of Agriculture in accordance with the Food and Nutrition Act of 2008 (7 USC 2013 et seq.).

 

(Source:  Amended at 37 Ill. Reg. 1865, effective February 4, 2013)

 

Section 10.140  Assistance Program Restrictions

 

a)         An individual shall be eligible to receive financial assistance under only one of the following types of assistance programs at any one time:

 

1)         Categorical Assistance (TANF or AABD), or

 

2)         Assistance to Refugees, Entrants and Repatriates.

 

b)         An individual shall be eligible to receive financial and medical assistance in only one case under one assistance program, at any one time, except an individual who currently receives Categorical Assistance from another state and has established Illinois residence (in accordance with 89 Ill. Adm. Code 112.20, 113.20, 114.20, 120.211, 120.311, or 121.21) may receive Supplemental Categorical Assistance in Illinois when the amount of the Illinois assistance payment level to which the individual is entitled exceeds the amount received from the other state, if the excess is at least $10.

 

c)         An individual shall not be eligible to receive SNAP benefits as a member of more than one household at any one time.

 

(Source:  Amended at 37 Ill. Reg. 1865, effective February 4, 2013)

SUBPART B: RIGHTS AND RESPONSIBILITIES

 

Section 10.210  Rights of Clients

 

Assistance programs shall be administered in such a way as to afford certain rights to clients and assure that a complete explanation is given of client rights and responsibilities.

 

Section 10.220  Nondiscrimination

 

a)         No individual participating in any program or activity shall be discriminated against because of age, race, color, religious belief, political affiliation, sex, marital status, national origin or handicap.

 

b)         No direct payment for goods and services provided shall be made to any agency, institution, organization or individual vendor that initiates or continues prohibited discriminatory practices.

 

c)         Information regarding the Department's nondiscrimination policy shall be made available to all applicants at the time of application, all recipients upon request, all vendors receiving direct payment from the Department and all other interested parties as necessary.

 

d)         Any aggrieved person may file a written complaint of alleged discriminatory conditions or practices encountered in the Department's programs and activities.

 

e)         No individual or household applying for or participating in the food stamp program administered by the Department shall be discriminated against because of age, race, color, sex, handicaps, religious creed, national origin, or political beliefs.  The individual/household is not to be discriminated against in any aspect of program administration, including but not limited to the certification of household, the issuance of benefits, the conduct of fair or fraud hearings, or the conduct of any other program service.

 

1)         Individuals who believe that they have been subject to discrimination, as described in subsection (e) of this Section, may file a written complaint. When an individual expresses an interest in filing a discrimination complaint, the Department is to:

 

A)        explain the United States Department of Agriculture (USDA) complaint procedures (the procedure is outlined in 7 CFR 272.6(c)); and

 

B)        explain the Department's complaint procedure; and

 

C)        advise the individual of the right to file a complaint in either or both the USDA and/or Department complaint systems.

 

2)         Information regarding the Department's nondiscrimination policy is to be made available to all households at the time of application, to any household upon request, and to all other interested parties as necessary.

 

(Source:  Amended at 28 Ill. Reg. 5650, effective March 22, 2004)

 

Section 10.225  Grievance Rights of Clients

 

a)         When clients believe that they have not been treated with courtesy, consideration or respect by a Department employee, they or their representative may file a written grievance.  The client may file a written grievance in any Department office, even if the grievance is against a staff person not working in that office.

 

b)         The Department will investigate any written grievance which is filed within 60 days after the grieved occurrence.  A client grievance filed more than 60 days after the grieved occurrence will not be investigated by the Department.

 

c)         Responsibility for Handling a Grievance

 

1)         When the client is in the local office and files a grievance against a local office staff person, the intermediary will handle the grievance.

 

2)         When the client is in the local office and files a grievance against the local office administrator, the local office administrator or designee will accept the grievance and notify the next higher level supervisor.

 

3)         When the client is in the local office and files a grievance against other agency personnel, the work site manager will accept the grievance and notify the appropriate intermediary.

 

4)         When the client is in any other Department office and files a grievance against a local office staff person or other agency personnel, the work site manager will accept the grievance and notify the appropriate intermediary within 48 hours.

 

d)         Intermediary

 

1)         An intermediary is a designated staff person who investigates and decides the merits of a client grievance.  If necessary, the intermediary decides about disciplinary action.

 

2)         For local office personnel, the intermediary is:

 

A)        the local office administrator;

 

B)        a management person designated by the local office administrator; or

 

C)        the next higher level supervisor if the grievance is filed against the local office administrator.

 

3)         For other agency personnel, the intermediary is:

 

A)        the bureau chief of the employee against whom the grievance has been filed; or

 

B)        a management person designated by the bureau chief.

 

e)         Investigation and Conference

 

1)         The intermediary registers all grievances in a log.  The information on the log contains:

 

A)        the name of the grievant;

 

B)        the name of the worker or workers against whom the grievance is directed;

 

C)        the person who heard the grievance, if a hearing was held;

 

D)        the issue or issues involved; and

 

E)        the resolution of the grievance and any appropriate effective dates.

 

2)         The intermediary will investigate the grievance. If necessary, the intermediary will determine the merits of the grievance and any disciplinary action that may be indicated.

 

3)         When the intermediary determines that the investigation indicates a need for action, the intermediary will send a copy of the grievance to the employee against whom the grievance was filed.  Within ten days after the receipt of the grievance, the intermediary will arrange a conference between:

 

A)        the client who filed the grievance;

 

B)        the representative of the client who filed the grievance, if any;

 

C)        the employee against whom the grievance was filed;

 

D)        a representative designated by the employee, if any (For a bargaining unit employee, a representative of the bargaining unit may be the representative.); and

 

E)        the intermediary.

 

4)         The representative of the employee is allowed to:

 

A)        be present to make sure that a bargaining unit employee's rights under the contract are not violated and that the collective bargaining agreement is not violated; and

 

B)        be present to make sure a non-bargaining unit employee's rights under the rules of the Department of Central Management Services (80 Ill. Adm. Code 310) are not violated.

 

5)         The meeting to hear a client's grievance is an informal conference controlled by the intermediary to obtain information from the client and the employee in order to determine the facts about the issue.

 

6)         Within 15 calendar days after the conference, the intermediary will advise the client who filed the grievance, in writing, of any action being taken.  The client will not be informed of disciplinary action taken against Department staff.

 

f)         The Department will take corrective action when just cause is shown. The corrective action must be in accordance with the Agreements between the State of Illinois and the American Federation of State, County and Municipal Employees or rules of the Department of Central Management Services (80 Ill. Adm. Code 302: Subpart K), whichever is applicable.

 

(Source:  Added at 24 Ill. Reg. 7856, effective May 16, 2000)

 

Section 10.230  Confidentiality of Case Information

 

a)         For the protection of clients, any information about a client or case is confidential and shall be used only for purposes directly related to the administration of the assistance programs, except as provided in subsections (d) and (e) of this Section.  The following shall be considered as included in the administration of the programs:

 

1)         the establishment of a client's initial or continuing eligibility for public assistance;

 

2)         the establishment or the extent of an individual's need for financial assistance, medical assistance or other services; and

 

3)         the establishment of procedures assuring the health and safety of the client.

 

b)         Use of information for commercial, personal, or political purposes is specifically prohibited.

 

c)         Local office staff shall inform all agencies and governmental departments to whom information is furnished that this material is confidential and must be so considered by the agency or governmental department.

 

d)         Temporary Assistance for Needy Families and General Assistance

            TANF and General Assistance case records shall be made available upon request to the officers of any court or law enforcement agency, and to other persons or agencies authorized by any court.  In particular, case records may be made available to a law enforcement agency to determine the current address of a recipient for whom they have an outstanding arrest warrant.  Information shall also be disclosed to the Illinois State Scholarship Commission pursuant to its investigation or audit of a delinquent student loan or monetary award. Information may be exchanged among the Illinois Department of Public Aid, Department of Human Services, and Department of Revenue to verify sources and amounts of income and for other purposes directly related to the administration of the Illinois Public Aid Code and of the Illinois Income Tax Act.  The provisions of this Section, as they apply to applicants and recipients of assistance programs, shall be operative only to the extent that they do not conflict with any federal law or regulation governing federal grants to the State for such programs.

 

e)         Food Stamps

 

1)         For the protection of food stamp households, use or disclosure of individual or case information obtained from the household is restricted to the following:

 

A)        persons directly connected with the administration or enforcement of the provisions of the Food Stamp Act of 1977 (7 USC 2011 et seq.) or regulations;

 

B)        persons directly connected with other federal or federally aided, or State means-tested assistance programs;

 

C)        Illinois State agencies involved in investigations of reports of child abuse or neglect, including the Department of Children and Family Services;

 

D)        employees of the Comptroller General's Office of the United States for audit examination;

 

E)        local, State or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food Stamp Act of 1977 or regulations.  The written request shall identify the official making the request and the authority to do so; the violation being investigated; and the identity of the person on whom the information is requested; and

 

F)         State and local law enforcement officers for the current address of clients who are fugitive felons or probation/parole violators.  A fugitive felon is a person fleeing to avoid prosecution or to avoid incarceration as a result of his or her involvement in a felony case.  A person who has escaped from a correctional facility is a fugitive felon.  The current address of clients shall be disclosed only to properly identified (i.e., law enforcement badge and/or identification card) State and local law enforcement officers who:

 

i)          provide the Department with the name and social security number of the client; and

 

ii)         satisfy the requirements of 45 CFR 205.50(a)(v)(A) through (C) (rev. 10/01/1999).

 

            The client shall not be advised of the disclosure of individual or case information.

 

2)         If a written request to review materials in the case record is submitted by a responsible household member, the household's currently authorized representative, or a person acting in the household's behalf, the material and information in the case record shall be made available for inspection during normal business hours.  However, the local office may withhold confidential information, such as the names of individuals who have disclosed information about the household without the household's knowledge or the nature or status of pending criminal prosecutions.

 

(Source:  Amended at 24 Ill. Reg. 18153, effective November 30, 2000)

 

Section 10.235  Case Records

 

a)         The case record is a business record and shall constitute an official record of the Department concerning clients.

 

b)         A case record shall be established for each applicant and maintained for each recipient.

 

c)         The case record shall indicate the basis for approval or denial of the application.

 

d)         A case record shall be established and maintained for each applicant and participant in the food stamp program.  A separate food stamp case record shall be maintained for each non-assistance household.

 

1)         For assistance households, the food stamp record shall be maintained in an isolated section of the regular income maintenance case record.

 

2)         The case record shall be documented to support eligibility, ineligibility and benefit level determination.  When verification is needed to resolve questionable information, the case record shall indicate the reason the information was considered questionable and what documentation was used to resolve the questionable information. The case record shall also indicate the reason why an alternate source of verification was needed.

 

(Source:  Added at 24 Ill. Reg. 7856, effective May 16, 2000)

 

Section 10.250  Reporting Change of Circumstances

 

a)         General

It is the responsibility of the client to report any change in circumstances, including but not limited to household composition or receipt of income or assets that might affect the client's assistance.  This information shall be reported to the local office within ten working days after the change or prior to the expenditure of funds received, whichever occurs first.  For non-assistance food stamp only households, FamilyCare food stamp households, food stamp households with earned income and TANF Cash Only cases with earned income, see 89 Ill. Adm. Code 121.125 and 89 Ill. Adm. Code 112.302.

 

b)         AABD

When an individual other than the recipient maintains the recipient's funds (income and/or assets), it is the responsibility of that individual to report any changes in circumstances to the local office.  Any changes that may affect the recipient's continued eligibility for financial assistance, including receipt of lump-sum payments, shall be reported to the local office within ten working days after the change.

 

(Source:  Amended at 33 Ill. Reg. 17345, effective December 14, 2009)

 

Section 10.263  Reporting Child Abuse/Neglect

 

a)         As mandated by the Abused and Neglected Child Reporting Act [22 ILCS], Department field staff are required to immediately report to the Department of Children and Family Services suspected abuse or neglect [325 ILCS 5/1 et seq.].  A report is to be filed when there is reason to believe a child may be an abused or neglected child or when information is received that a child may be an abused or neglected child. Abuse or neglect, as defined by State law (Section 3 of the Abused and Neglected Child Reporting Act [325 ILCS 5/3]) and the rules and regulations of the Department of Children and Family Services (89 Ill. Adm. Code 302: Subpart B) is reportable.

 

b)         This reporting requirement applies to all Department staff.  This includes income maintenance and any other staff who suspect that a child, with whom they have had contact in a working capacity, is an abused or neglected child.

 

(Source:  Added at 24 Ill. Reg. 7856, effective May 16, 2000)

 

Section 10.268  Reporting Elder Abuse/Neglect

 

a)         As mandated by the Elder Abuse and Neglect Act [320 ILCS 20/4], Department staff, while engaged in carrying out their professional duties, are required to report the abuse, neglect, financial exploitation, or self-neglect of any Illinois resident 60 years of age or older who lives in the community when the older person is unable to self-report.  Applicable definitions can be found in Section 2 of the Elder Abuse and Neglect Act.

 

b)         Elder abuse must be reported, within 24 hours, to the Department on Aging's Elder Abuse and Neglect Program.

 

c)         This reporting requirement applies to all Department staff who suspect that an older person, with whom they have had contact in a working capacity, is an abused elder.

 

(Source:  Amended at 31 Ill. Reg. 7638, effective May 15, 2007)

 

Section 10.270  Notice to Client

 

a)         Every applicant for assistance shall be sent or given a written notice of disposition of the application.

 

b)         Every recipient for assistance shall be sent or given a written notice whenever assistance is reduced or discontinued.

 

c)         Notices denying, reducing, or discontinuing assistance shall contain the following information:

 

1)         A clear statement of the action being taken.

 

2)         A clear statement of the reason for the action.

 

3)         A reference to the statute, rule, or policy provision under the authority of which the action is taken.  From March 1997 through March 1998, references to provisions of the Department's policy manuals using the numbering system in use in 1996 shall be deemed to be references to the corresponding provisions of the new numbering system introduced in 1997.

 

4)         A complete statement of the client's right to appeal (see subsection (d) below and Sections 10.280 through 10.282).

 

d)         Timely Notice

 

1)         All notices concerning local office reduction or discontinuance of assistance shall be "timely".  A "timely" notice shall be mailed or given at least ten calendar days prior to the date the reduction or discontinuance will occur, and shall inform the client that if the client files an appeal by the date the reduction or discontinuance will occur, his or her assistance will be continued at its previous level, pending the results of the appeal unless the client specifically requests that the assistance benefits not be continued.  The notice shall be dated with the date it is mailed or given.  (Day one of the ten-day period is the day following the date on the notice.  Day ten may be no later than the date the reduction or discontinuance will occur.)

 

2)         Notices sent concerning reduction or discontinuance of assistance by agency action initiated centrally may be either "timely" or "adequate", as defined by federal regulation.  When timely notice is not required and an adequate notice is sent less than ten days before the date of change, the client may receive continued benefits if the appeal is filed within ten days after the date of notice. (See 89 Ill. Adm. Code 112.302.)

 

e)         Temporary Assistance for Needy Families

 

1)         Every recipient who makes a written request for a grant increase or a special authorization shall be sent or given written notice of the disposition of the request within 45 days after the date of the request.

 

2)         Every recipient who makes a request for Crisis Assistance (89 Ill. Adm. Code 116) shall be sent or given a written notice of the disposition of the request within 45 days after the date of the request.

 

f)         A notice will be sent that contains the name of, and contact information for, the caseworker when a case is transferred per Section 10.390

 

g)         Approval of General Assistance as a Result of Cancellation of TANF or AABD or Reduction of TANF (Applicable Only in City of Chicago)

 

1)         A notice of intended cancellation or reduction of benefits is sent to a TANF or AABD recipient, in the City of Chicago, whose assistance is discontinued or a person deleted from the assistance unit (AFDC only) for one of the following reasons:

 

A)        AABD:  no longer blind, disabled.

 

B)        TANF:  no longer an eligible child in the home.

 

2)         If a recipient from one of the programs listed in subsection (g)(1) of this Section applies for General Assistance (GA) within 30 days after the notice of cancellation or reduction of benefits and if that recipient is determined to be eligible for GA, such benefits shall be authorized with no gap in assistance (see also Section 10.430).

 

h)         SNAP households shall be notified:

 

1)         If there is no change in benefits following submission of a change report form.

 

2)         If SNAP benefits are being reduced or discontinued, the following additional information shall be included on the notice:

 

A)        the telephone number of the local DHS office;

 

B)        a statement indicating the household's liability for benefits received while waiting for a fair hearing decision, if the decision is adverse to the household; and

 

C)        a statement indicating the general availability of outside individuals or organizations providing free legal representation and the telephone numbers of those individuals or organizations.

 

3)         A notice of approval shall be sent to eligible households by the 30^th day following the date of application.  If the household is found not eligible to participate, the notice of denial shall be sent by the 30^th day following the date of application.

 

4)         If the local office cannot act on an application by the 30^th day because the case file is incomplete due to a household's delay, a notice of denial shall be sent on the 30^th day.  However, the household has an additional 30 days to complete the application.  If the delay is caused by the local office, a notice of pending status shall be sent to the household by the 30^th day.

 

(Source:  Amended at 35 Ill. Reg. 7670, effective April 29, 2011)

 

Section 10.280  Right to Appeal

 

a)         Any individual who applies for or receives financial assistance, medical assistance, social services or SNAP benefits shall have the right to appeal any of the following:

 

1)         Refusal to accept an application or reapplication;

 

2)         Failure to act on an application within the mandated time period;

 

3)         A decision to deny an application;

 

4)         A decision to reduce, suspend, terminate or in any way change the amount of assistance/SNAP benefits or manner in which it is provided;

 

5)         Failure to make a decision or take appropriate action on any request that the client makes;

 

6)         A decision affecting the basis of issuance of SNAP benefits with which the client disagrees; or

 

7)         An issue of Department policy, if the client is aggrieved by its application.

 

b)         The appeal may be filed by the client or the client's authorized representative.  The request for a hearing shall be made in writing, except when seeking review of a decision relating to benefits issued pursuant to SNAP, which may also be requested orally.  The appeal may be submitted via the Department's online ABE Appeals Portal, via facsimile transmission (fax), or in person at the Bureau of Hearings or at any Family Community Resource Center.  The appeal process is initiated effective with the date of the request.

 

(Source:  Amended at 43 Ill. Reg. 6987, effective May 31, 2019)

 

Section 10.281  Continuation of Assistance Pending Appeal

 

a)         if an appeal is initiated by the date a reduction or discontinuance will occur or within ten calendar days after the date of the adequate notice, assistance shall be continued at the level in effect prior to the proposed action, pending the results of the fair hearing process, unless the individual specifically requests that his/her assistance benefits not be continued.  If the date the reduction or discontinuance will occur or the 10th calendar day is a Saturday, Sunday or a holiday, the client has until the end of the next work day to file his/her appeal.

 

b)         If a food stamp household files an appeal as the result of normal expiration of the certification period, or as a result of action taken on the initial or subsequent application, benefits shall not be continued at the previous level.

 

c)         If a food stamp household timely appeals a suspension from program participation for failure to file a Monthly Report by the date the suspended benefits would have been issued or within ten days from the date of notice of adverse action, whichever is later (see 89 Ill. Adm. Code 121.91(i)), and the household admits that it did not submit the Monthly Report, the household is not entitled to continuation of benefits.

 

d)         If an individual appeals the Department's decision to initiate a protective payment plan by the date initiation of the plan will occur, the protective payment plan shall not be initiated pending the results of the fair hearing process.

 

Section 10.282  Time Limit for Filing an Appeal

 

a)         The right of appeal (except for food stamp cases) must be exercised within 60 calendar days after the date of the Department's action to notify the client.  All written notifications to clients are to bear the same date as the date of mailing or delivery.  Day one of the 60 day time period shall be the day following:

 

1)         The date on a written notification of a decision on an application, reduction, suspension, termination or discontinuance of assistance and/or food stamp benefits, absent definitive evidence to the contrary that the notification was mailed (or delivery attempted) on a different date;

 

2)         The date of the Department's notification of denial of a request or other action that aggrieves the client when that denial or action is other than an application decision or a decision to reduce, suspend or terminate assistance.

 

b)         The 60 day time limitation does not apply when the Department fails to send a required written notification, fails to take action on a specific request, or denies a request without informing the client.

 

c)         Food stamp clients may request a hearing on any action or loss of benefits that occurred in the prior 90 days.

 

Section 10.283  Examining Department Records

 

At any time during the regular office hours of the Department, the Department shall permit a client (as defined at Section 10.120) and/or a client's authorized representative to examine the client's case records in the presence of a Department employee and to obtain copies of such case record materials upon payment of a charge for reproduction.

 

(Source:  Added at 24 Ill. Reg. 7856, effective May 16, 2000)

 

Section 10.284  Child Care

 

a)         The Department shall authorize payment of child care expenses, if needed, to allow a TANF or AABD (not MANG) client (active, pending, denied, or cancelled case status) to attend an appeal hearing.

 

b)         The appellant must request the payment no later than 30 days after the hearing.

 

Section 10.290  Voluntary Repayment of Assistance

 

a)         A recipient or former recipient of assistance may voluntarily repay all or part of the assistance provided.

 

b)         A responsible relative or other person may, in behalf of a recipient or former recipient, repay all or part of the assistance provided.

 

Section 10.295  Correction of Underpayments

 

When it is determined that a TANF assistance unit has not received all the assistance to which it is entitled, the Department shall provide retroactive corrective payments when the assistance unit is currently active.

 

Section 10.300  Recovery of Assistance

 

a)         By means of claims against the estates of deceased recipients and the estates of their deceased spouses and liens against recipients' real property interests, the Department has a statutory right to recover assistance provided to or in behalf of recipients according to the terms prescribed in this Section.

 

b)         The Department shall effect its recoveries by one of the following actions:

 

1)         Acceptance of an amount, as settlement, equal to the estimated amount that would be collected if the estate were administered or the lien foreclosed;

 

2)         Administration of the estate; or

 

3)         Foreclosure of the lien.

 

c)         When the Department has both an estate claim and a real property lien, collection of the claim and lien shall be by one action.

 

Section 10.310  Estate Claims

 

a)         The Department's claim against the estate of a deceased recipient or against the estate of the recipient's deceased spouse, regardless of the order of death, shall encompass:

 

1)         All income maintenance assistance paid out at any time; and

 

2)         All medical assistance paid out:

 

A)        at any time for a permanently institutionalized recipient whose real property is subject to the Department's lien; or

 

B)        All medical assistance paid out, except the costs of Community Care Program (CCP) services, prior to October 1, 1993, for a recipient while 65 years of age or older; or

 

C)        All medical assistance paid out on or after October 1, 1993, for a recipient while 55 years of age or older; or

 

D)        All medical assistance paid out for Medicare cost sharing expenses of a Qualified Medicare Beneficiary (QMB).

 

b)         The claim shall apply to assistance provided to or in behalf of a recipient on or after the following dates:

 

Assistance Program	Effective Date
AABD (Aged) (AABD(A))	1963
AABD (Blind) and (Disabled) (AABD(B) and (D))	November 1963
MANG (Aged), (Blind), and (Disabled) (MANG(A), (B), and (D))	January 1, 1996

 

c)         The Department shall not enforce a claim for medical assistance against any property, real or personal, of a deceased recipient while one or more of the following relatives survives:  spouse of decedent, child under 21, or child over 21 who is blind or permanently and totally disabled.

 

d)         The Department shall not enforce a claim for income maintenance assistance against homestead property of a deceased recipient while the homestead is occupied by one or more of the surviving relatives previously specified.

 

e)         To avoid undue hardship, the Department will waive its right to recover from a decedent's estate to the extent a court approves an award for a surviving spouse or dependent child under the Illinois Probate Act [755 ILCS 5].  The amount of the recovery waived is equal to the amount of the award or awards.  Individuals seeking to obtain an award must file a petition with the probate court having jurisdiction over the decedent's estate.  The procedure for providing notice to the survivors of the decedent consists of the filing of the claim.  Any appeal action taken by the survivors would be with the probate court.

 

f)         The Department may defer or waive enforcement of its claim for income maintenance assistance if it determines that:

 

1)         The deceased recipient is survived by a dependent spouse and minor child or children; or

 

2)         Rehabilitative training for employment or other means of self-support for the surviving spouse or children is feasible, and deferment or waiver will facilitate achievement of self-support status and prevent or reduce the likelihood of return to dependency on public assistance of the spouse or children.

 

Section 10.320  Real Property Liens

 

The Department's lien against a recipient's real property shall encompass:

 

a)         all medical assistance paid out at any time for a permanently institutionalized recipient, and

 

b)         all income maintenance assistance paid to or on behalf of a recipient on or after the following dates:

 

Assistance Program	Effective Date
AABD(A)	January 1962
AABD(B) and (D)	November 1963

 

 

Section 10.330  Filing and Renewal of Liens

 

a)         The Department shall file a lien against:

 

1)         The homestead property owned by:

 

A)        a recipient of AABD; or

 

B)        a permanently institutionalized recipient of MANG(A), (B) or (D), except as provided in 89 Ill. Adm. Code 102.235;

 

2)         Any other legal or equitable real property interests, regardless of value, that the recipient possesses unless the property is located outside the State of Illinois; and

 

b)         The lien shall be renewed every five years by the Department until it is satisfied.

 

Section 10.340  Foreclosure of Liens

 

a)         The Department may enforce a lien by foreclosure:

 

1)         At any time when there is a transfer of a recipient's real property subject to the lien;

 

2)         In case of fraud; or

 

3)         At the time of the recipient's death.

 

b)         The Department shall defer foreclosure of a lien on homestead property, except in case of fraud, if:

 

1)         the property is occupied by the recipient or the recipient's surviving spouse, child under 21, or child over 21 who is blind or permanently and totally disabled; or

 

2)         in the case of a permanently institutionalized recipient:

 

A)        a sibling of the recipient has resided continuously in the property since at least one year immediately before the date the recipient was admitted to the institution; or

 

B)        a child of the recipient who has resided continuously in the property since at least two years immediately before the date the recipient was admitted to the institution establishes that he or she provided care for at least two years before admission that enabled the recipient to live at home rather than in an institution.

 

Section 10.350  Release of Liens

 

a)         The Department shall release a lien when:

 

1)         The Department receives full repayment of the assistance granted subject to the lien;

 

2)         A bond is filed, with a surety or sureties acceptable to the Department, that guarantees payment of the amount of the lien;

 

3)         The lien was filed in error; or

 

4)         A MANG(A), (B) or (D) recipient has been medically discharged from an institution and returns to his or her home on which the Department holds a lien.

 

b)         The Department may also release a lien when:

 

1)         It receives the value of the property to which the lien attaches, but its claim for any balance due on the lien is reserved against any of the recipient's subsequently discovered assets;

 

2)         The recipient has a dependent spouse and minor children; or

 

3)         Rehabilitative training for employment or other means of self-support is feasible where release of the lien would facilitate achievement of self-support status and prevent or reduce the likelihood of a return to dependency on public assistance.

 

Section 10.360  Personal Injury Claims

 

a)         Clients who suffer a personal injury and have a potential for recovery of damages as a result of the type or severity of the injury must report such injuries to the Department and take action to collect any damages that may be due.

 

b)         The Department shall collect payment from personal injury settlements paid in behalf of clients.  The Department shall not collect payment from claims covered by the Workers' Compensation Act [820 ILCS 305], the Workers' Occupational Diseases Act [820 ILCS 310] or the Wrongful Death Act [740 ILCS 180].

 

c)         The Department shall have a charge equal to the total cost of medical assistance provided to an injured individual from the date of the injury to the date of recovery of damages.

 

d)         If an employable individual receives assistance for himself and/or dependents, the Department's charge shall also include the total cost of cash and medical assistance issued as a result of the injury that was provided for the individual and his dependents from the date of injury to the date of recovery of damages.  The Department's charge is for assistance provided for the injured recipient and his dependents even if all persons are not included in a single assistance unit.

 

e)         Payment received by a client as damages for a personal injury shall be considered nonexempt unearned income after payment of the following expenses:

 

1)         necessary costs of litigation or settlement;

 

2)         the Department's charge;

 

3)         medical costs resulting from the injury and paid by the client; and

 

4)         expenses to repair or replace personal property that was damaged as result of the injury.

 

Section 10.370  Convictions of Fraud – Eligibility

 

a)         Multiple Convictions

            Any person who has been found guilty of a criminal violation of Article VIIIA of the Illinois Public Aid Code [305 ILCS 5/Art. VIIIA] or of any law of the United States or another state that is substantially similar to Sections 8A-2 through 8A-5 of Article VIIIA, two or more times, shall be ineligible for assistance under the GA program (in the City of Chicago) or the State AABD program. Children for whom such a person is a caretaker relative shall remain eligible for assistance under this Code.

 

b)         Single Convictions of $10,000 or More

            Any person who has been found guilty of a criminal violation of Article VIIIA of the Illinois Public Aid Code [305 ILCS 5/Art. VIIIA], who has not previously been convicted of a criminal violation of Article VIIIA and has amassed $10,000 or more in such criminal violation, shall be ineligible for assistance under the GA program (in the City of Chicago) or the State AABD program for a period of two years following conviction or until the total amount of money, including the value of food stamps, is repaid, whichever first occurs.  Children for whom such a person is a caretaker relative shall remain eligible for assistance.

 

Section 10.380  Single Conviction of Fraud – Administrative Review Board

 

Except as provided in Section 10.370, any person who has been found guilty of a criminal violation of Article VIIIA of the Illinois Public Aid Code [305 ILCS 5/Art. VIIIA] or of any law of the United States or of any state that is substantially similar to Sections 8A-2 through 8A-5 for violations related to public assistance programs and who has not previously been convicted for a criminal violation of Article VIIIA or of any law of the United States or of any state that is substantially similar to Sections 8A-2 through 8A-5 for violations related to public assistance programs shall be subject to the provisions of this Section upon filing a subsequent application for public assistance under TANF, AABD, Refugee Assistance, or the GA program (in the City of Chicago).

 

a)         The application will be reviewed by an Administrative Review Board (ARB) prior to approval or disapproval.  The ARB shall consist of the Local Office Administrator of the local office where the application is made and a representative of the Zone Office, appointed by the Zone Office Administrator.

 

b)         The review by the ARB shall be for the purpose of determining the person's eligibility for assistance and to determine whether any additional administrative safeguards are required to prevent any future violations of Article VIIIA.

 

c)         The review shall be informal.  The applicant will be notified, in writing, of the review at least five days in advance.  The review will be held in the county where the applicant resides.  The applicant may attend the review and may bring other persons to the review to speak on his or her behalf, including an attorney, relatives or friends.  The review shall be open to the public, unless the applicant and the ARB determine otherwise.  The review shall be held within such a time as not to delay the decision on the application beyond the time allowed under State and Federal law and regulations  (see Section 10.420).

 

d)         If the ARB determines the applicant is not eligible for public assistance, based on applicable eligibility factors of the program or programs for which the applicant is applying, the applicant will be notified in the same manner as other applicants.  The applicant shall be entitled to appeal any decision of denial.  The grounds for appeal and appeal procedure to be followed are found at 89 Ill. Adm. Code 10 and 14.

 

e)         If the ARB determines the applicant is eligible for public assistance, the ARB shall also determine what administrative safeguards, if any, are required to ensure that the person does not commit further violations of Article VIIIA.  Such safeguards shall be based on the individual factors of each case and may include, but are not limited to, more frequent home visits, more frequent reports regarding financial or other factors, appointment of a substitute payee, or any other actions that are permitted by State and Federal law and regulations.

 

f)         The applicant will be notified, in writing, of the decision of the ARB and an explanation of the administrative safeguards required in his or her case.  The applicant shall be entitled to appeal any decision of the ARB.

 

g)         The ARB shall review the necessity for any administrative safeguard every six months.  At the review, the necessity to continue or reverse the administrative safeguards will be determined.

 

(Source:  Amended at 29 Ill. Reg. 8148, effective May 18, 2005)

 

Section 10.390  Request for Case Transfer

 

a)         Once an applicant is determined eligible for assistance, he or she has a right to request to have the case transferred to another local office for his or her convenience, based upon one of the following factors:

 

1)         the location of his or her employer;

 

2)         the location of his or her child care provider;

 

3)         access to reliable transportation; or

 

4)         the location of a social service provider that he or she sees on a regular basis.

 

b)         Within five business days after the request for transfer, the local office will transfer the case, assign a caseworker, make appropriate entries in the computer         system, and issue a written notice to the recipient per Section 10.270.

 

c)         The location of the case may be reconsidered, based upon the criteria in this Section, per the recipient's request or at the time of redetermination of eligibility.

 

(Source:  Added at 35 Ill. Reg. 7670, effective April 29, 2011)

SUBPART C: APPLICATION PROCESS

 

Section 10.410  Application for Assistance

 

a)         An application is a request for cash, medical or SNAP assistance on a Department of Human Services (Department) form or a DHS web application submitted electronically that has been completed to the best of the client's knowledge and ability.

 

b)         The application must contain a name, address, and signature (or signatures). 

 

1)         The Department's application for assistance captures the electronic signature on a secure directory and places the electronic signature into a secure database.

 

2)         An electronic signature may be made by an applicant who checks a box and types his or her name; by an applicant who telephonically records his or her voice, constituting a telephonic signature; by an applicant who verbally assents by telephone, constituting a telephonic signature; or by any other symbol that is executed or adopted, using electronic means, by the applicant with the intent to authenticate the record.  The option for an applicant to verbally assent by telephone, constituting a telephonic signature, will end upon the expiration of the COVID-19 Gubernatorial Disaster Proclamations or the expiration of the federal waiver permitting that option, whichever occurs first.

 

3)         The application, which includes the electronic signature, is sent to a secure database with auditing capabilities that track the user when the application is modified to ensure the integrity, security and confidentiality of the electronic signature. This requirement does not apply to applications to which an applicant verbally assents by telephone.

 

c)         If the application does not contain a name, address, and signature (or signatures), the local office shall return the application to the sender to obtain the missing information.

 

1)         If a person is homeless, he or she may use the address of a friend or relative, supervised shelter, church, halfway house, or similar facility.

 

2)         If a person is homeless and does not have a permanent address, he or she may use the address of the local office where he or she applied or where his or her case is currently active.

 

d)         The application must be signed by the applicant with the following exceptions:

 

1)         When a conservator has been appointed for the applicant, the conservator must sign the application.

 

2)         When the applicant is physically or mentally unable to sign the application, the application may be signed by someone acting responsibly on behalf of the applicant.

 

3)         When application is made on behalf of a child, the child's caretaker must sign the application.

 

4)         When the applicant has appointed an authorized representative with the Department.  (An authorized representative is a person authorized by the applicant to act on his or her behalf.)

 

e)         Application for medical assistance may be made on behalf of a deceased person.  In order for payment to be made by the Department for the funeral and burial expenses of the decedent, the completed application must be received in the local office not more than 30 calendar days after the individual's death, excluding the day on which death occurred, unless delay in receipt of the form occurred through no fault of the individual applying.

 

f)         The applicant may be assisted by the Department and by individuals of the applicant's choice in completing the application.

 

g)         The date of application shall be the date a completed application is received by any local office, with the following exceptions:

 

1)         For applications completed by pregnant women and children under age 18 at a disproportionate share hospital or federally-qualified health center, the date the application is signed by the applicant shall be the date of application.

 

2)         When an application is faxed to a local office or a web application is submitted and received over the Internet after 5:00 P.M. on a workday, or on a weekend or holiday, the application date is the next workday following the date the application is received in the local office.

 

(Source:  Amended at 44 Ill. Reg. 18345, effective October 29, 2020)

 

Section 10.415  Local Office Action on Application for Public Assistance

 

Upon a person's making application for public assistance at a local office, the local office shall consider that person's eligibility for all forms of public assistance according to the appropriate eligibility rules for assistance programs, unless the person has indicated in writing that he or she does not want to apply for certain programs.  A signed application form on which the person indicates the program or programs for which he or she does or does not want to apply constitutes the person's written statement.  The words "public assistance" constitute the assistance provided by the Department or DPA as specified in Articles III, IV, V, and VI of the Public Aid Code, namely Aid to the Aged, Blind and Disabled, Temporary Assistance for Needy Families, Refugee Assistance program, the Department of Public Aid's Medical Programs and General Assistance (where administered by the Department).  Upon a person's making application for public assistance at a local office, the local office shall also consider that person's eligibility for the United States Department of Agriculture's Food Stamp Program (unless the applicant has indicated in writing that he or she does not want food stamps) and for such other programs as the Department may from time to time be administering pursuant to the laws and regulations of the State and Federal government.  A signed application form on which the person indicates whether he or she wants to apply for food stamps or any other programs that the Department may offer at any given time constitutes the person's written statement.

 

(Source:  Amended at 25 Ill. Reg. 7170, effective May 24, 2001)

 

Section 10.420  Time Limitations on the Disposition of an Application

 

a)         Within 10 days after a decision is made on an application, the Department shall inform the applicant in writing of the decision. This notice shall contain a decision on each of the following programs for which the recipient may be eligible based on information contained on the application:  TANF, Medical Assistance, AABD and SNAP benefits.  No decision shall be required for any assistance program for which the applicant has expressly declined in writing to apply.

 

b)         The Department shall send a notification of its determination within the following time periods, calculated from the date of application:

 

1)         Aid to the Aged, Blind or Disabled (Aged)/((AABD)(A)) and related Medical Assistance-No Grant (MANG) – 45 calendar days

 

2)         Aid to the Aged, Blind or Disabled (Blind)/((AABD)(B)) and related MANG – 45 calendar days

 

3)         Aid to the Aged, Blind or Disabled (Disabled)/((AABD)(D)) and related MANG – 60 calendar days

 

4)         Temporary Assistance for Needy Families (TANF) and related MANG – 45 calendar days

             

c)         The time limitation for determining eligibility for TANF may be extended 45 calendar days when a decision cannot be reached because information necessary for a determination is available only from third parties and those parties fail to respond or delay their response to a request for the information.

           

d)         The Department shall make a decision on an application for social services within 30 days after the date of application and shall inform the applicant in writing of its decision within l5 days after the decision.

 

(Source:  Amended at 37 Ill. Reg. 3402, effective March 8, 2013)

 

Section 10.430  Approval of an Application and Initial Authorization of Financial Assistance

 

a)         Financial assistance for Aid to the Aged, Blind or Disabled and Temporary Assistance for Needy Families shall be authorized effective 30 days after the date of application, provided the case is eligible on that date.

            Exception:  Financial assistance for an AABD client residing in a sheltered care facility shall be authorized effective the date of application, or the date of entry into the sheltered care facility, whichever is later.

             

b)         If the applicant is determined eligible for financial assistance, the notice (see Section 10.420) shall state the amount of financial assistance to be provided, and a statement of the reasons for any partial grant amounts.  Partial grant amount is defined as the maximum grant that a family unit for whom application for public assistance was filed is eligible to receive, less any reductions resulting from the consideration.

 

(Source:  Amended at 37 Ill. Reg. 3402, effective March 8, 2013)

 

Section 10.438  General Assistance Approval Provisions (Repealed)

 

(Source:  Repealed at 37 Ill. Reg. 1865, effective February 4, 2013)

 

Section 10.440  Denial of an Application

 

a)         An application for public assistance shall be denied if it is established that the applicant does not meet one or more of the eligibility requirements or if the applicant chooses to withdraw the application.

 

b)         If the applicant is determined ineligible for public assistance, the notice (see Section 10.420) shall include the reason why the applicant is ineligible.

 

c)         If eligibility cannot be conclusively determined because of the applicant's unwillingness to cooperate in providing essential information or refusal to consent to verification by the local office, or the applicant has not provided sufficient information for a determination of eligibility, the application shall be denied.