PART 20 SUPPORT RESPONSIBILITY OF RELATIVES : Sections Listing

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 20 SUPPORT RESPONSIBILITY OF RELATIVES


AUTHORITY: Implementing and authorized by Article X of the Illinois Public Aid Code [305 ILCS 5/Art. X].

SOURCE: Adopted at 22 Ill. Reg. 19830, effective November 1, 1998; amended at 29 Ill. Reg. 8156, effective May 18, 2005.

 

Section 20.1  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 20.10  Support from Responsible Relatives

 

a)         The Department shall seek to obtain support for recipients from legally responsible individuals and shall seek the enforcement of support obligations with the following exception:  the Department shall not seek to obtain support for residents of long term care facilities if income of the spouse in the community is less than or equal to the Community Spouse Maintenance Needs Standard (as described at 89 Ill. Adm. Code 120.61).

 

b)         The following persons are "responsible relatives" who are legally responsible for the financial support and maintenance of recipients:

 

1)         spouse for spouse; and

 

2)         parents for children under 18 years of age.

 

c)         Responsible relatives who are receiving public assistance and/or Supplemental Security Income (SSI) benefits shall be considered unable to support.

 

d)         A parent is not legally responsible for the financial support and maintenance of a child of any age who has married (regardless of current marital status) and is not living with the parent or parents.

 

Section 20.20  Determination of Ability to Support

 

a)         Responsible relatives living apart from the recipient/assistance unit.

 

1)         For responsible relatives living apart from the recipient/assistance unit, a responsible relative is liable for all assistance provided to or in behalf of the recipient, unless the relative establishes a lesser ability to support by providing the Department with income and asset information from which it can determine the relative's ability to support.  However, the monthly support obligation assessed a responsible relative determined able to pay shall not exceed the average monthly amount of assistance provided by the Department to or in behalf of the recipient.

 

2)         Except in Title IV-D cases where the guidelines set out in 89 Ill. Adm. Code 160.60(c) shall apply, the Department shall apply Table A of this Part to the gross income figure contained on the relative's most recent Federal Income Tax return to determine the relative's ability to support.  The relative must submit a copy of his or her most recent Federal Income Tax return for this determination or remain liable for all assistance provided to or in behalf of the recipient.  If the responsible relative has filed a joint tax return with a non-responsible relative, only such income that is attributable to the responsible relative will be considered.

 

b)         Responsible relatives living apart or with the recipient/assistance unit.

 

1)         For responsible relatives living with the recipient/assistance unit, the Department shall determine a responsible relative's ability to support dependents according to the standards and asset limitation indicated below:

 

A)        Aid to the Aged, Blind or Disabled (AABD)

            The Department shall use the AABD financial assistance standard and the appropriate asset limitations, as set out in 89 Ill. Adm. Code 113.245 through 113.262 and 113.140, to determine the relative's ability to support.

 

B)        General Assistance (GA) (City of Chicago Only)

            The Department shall use the family or adult payment level, as set out in 89 Ill. Adm. Code 114.250, to determine the relative's ability to support.

 

C)        TANF

            The Department shall use the family or adult payment level, as set out in 89 Ill. Adm. Code 112.250, to determine the relative's ability to support.

 

2)         For responsible relatives living apart from the recipient/assistance unit, the Department shall apply Table A of this Part to the gross income figure contained on the relative's most recent Federal Income Tax return to determine the relative's ability to support.  The relative must submit a copy of his or her most recent Federal Income Tax return for this determination or remain liable for all assistance provided to or in behalf of the recipient.  If the responsible relative has filed a joint return with a non-responsible relative, only such income that is attributable to the responsible relative will be considered.

 

c)         Hospitalized or institutionalized individual living with a responsible relative.

 

1)         Aid to the Aged, Blind or Disabled (AABD)

            The client is considered as living apart from a responsible relative for any month the client is hospitalized or institutionalized the first day of the calendar month through the last day of the calendar month.  If an infant is hospitalized from birth through the end of the calendar month, the client is considered hospitalized for the entire month.  If a client is in a hospital or institution on the first day of the calendar month but dies prior to the end of the calendar month, the individual is considered living apart from the responsible relatives.

 

2)         Temporary Assistance for Needy Families (TANF)

            A hospitalized individual is considered as living with the responsible relative if the individual is under the relative's control and supervision regardless of the length of hospitalization.

 

(Source:  Amended at 29 Ill. Reg. 8156, effective May 18, 2005)

 

Section 20.25  Establishment of Support Obligations

 

Except in Title IV-D cases where support obligations shall be established in accordance with 89 Ill. Adm. Code 160.60, the Department shall establish a responsible relative's obligation to support in the following manner:

 

a)         A notice of obligation to support, a return envelope, and a statement of the responsible relative's rights and responsibilities are sent to the responsible relative via certified mail, return receipt requested.

 

1)         If the responsible relative does not respond to the notice within 30 days, the Department will issue a subpoena for records.

 

2)         If the responsible relative submits the necessary income records within 30 days, the Department will determine the responsible relative's ability to support in accordance with Section 20.20.

 

b)         If the determination indicates there is no obligation, the case is closed.

 

c)         If the determination indicates there is an obligation to support, a determination will be made as to the amount of the obligation.

 

d)         If a support obligation exists, the Department will send a notice of support due to the responsible relative via registered or certified mail directing payment of the obligation.

 

e)         If the responsible relative fails to pay within 30 days after issuance of the notice of support due, the Department will send an Administrative Support Order via registered or certified mail.  The responsible relative will be notified of his or her right to petition for release from or modification of the Administrative Support Order within 30 days after the date of its mailing.

 

Section 20.30  Redetermination of Ability to Support

 

The Department will redetermine and, when indicated, adjust the amount of a support obligation on the basis of Table A of this Part if:

 

a)         the relative has sustained a significant reduction in income since the support obligation was determined; or

 

b)         there has been an increase in the number of the relative's dependents.

 

Section 20.35  Enforcement of Administrative Support Orders

 

If the legally responsible relative has failed for 90 days after the effective date of the support order to make regular support payments according to the support order and a balance due is outstanding, the Department may take any or all of the following actions to collect the past due support:

 

a)         referral to the Department's legal representative for judicial enforcement of the Administrative Support Order;

 

b)         referral to the Comptroller of the State of Illinois for collection under Section 10.05 of the State Comptroller Act [15 ILCS 405/10.05]; and

 

c)         referral to a private collection agency for collection.

 

Section 20.40  Failure or Refusal to Provide Information Regarding Ability to Support

 

A responsible relative who refuses or fails, upon request, to provide the Department with income or asset information necessary to make a determination of ability to support shall remain liable for all assistance provided to or in behalf of the recipient.

 

Section 20.50  Modification or Release from Support Order

 

The responsible relative has the right to petition for modification of or release from the Department's order requiring the relative to provide support. The petition must be filed, in writing, with the Department no later than 30 days from the date of mailing of the support order.




Section 20.TABLE A   Standard for Determining Responsible Relative Liability  

 

Responsible Relative Liability

Gross Annual Income Range*

 

Number in Family (including recipient)

 

2

3

4

5

6

7 or more**

$  7,000

–

7,500

$   5

 

 

 

 

 

 

7,501

–

8,000

10

 

 

 

 

 

 

8,001

–

8,500

15

 

 

 

 

 

 

8,501

–

9,000

20

$   5

 

 

 

 

 

9,001

–

9,500

25

10

 

 

 

 

 

9,501

–

10,000

30

15

 

 

 

 

 

10,001

–

10,500

35

20

$   5

 

 

 

 

10,501

–

11,000

40

25

10

 

 

 

 

11,001

–

11,500

45

30

15

 

 

 

 

11,501

–

12,000

50

35

20

$   5

 

 

 

12,001

–

12,500

55

40

25

10

 

 

 

12,501

–

13,000

60

45

30

15

 

 

 

13,001

–

13,500

65

50

35

20

$   5

 

 

13,501

–

14,000

70

55

40

25

10

 

 

14,001

–

14,500

75

60

45

30

15

 

 

14,501

–

15,000

80

65

50

35

20

$   5

 

15,001

–

15,500

85

70

55

40

25

10

 

15,501

–

16,000

90

75

60

45

30

15

 

16,001

–

16,500

95

80

65

50

35

20

 

16,501

–

17,000

100

85

70

55

40

25

 

17,001

–

17,500

105

90

75

60

45

30

 

17,501

–

18,000

110

95

80

65

50

35

 

18,001

–

18,500

115

100

85

70

55

40

 

18,501

–

19,000

120

105

90

75

60

45

 

19,001

–

19,500

125

110

95

80

65

50

 

19,501

–

20,000

130

115

100

85

70

55

 

20,001

–

20,500

135

120

105

90

75

60

 

20,501

–

21,000

140

125

110

95

80

65

 

21,001

–

21,500

145

130

115

100

85

70

 

21,501

–

22,000

150

135

120

105

90

75

 

22,001

–

22,500

155

140

125

110

95

80

 

22,501

–

23,000

160

145

130

115

100

85

 

23,001

–

23,500

165

150

135

120

105

90

 

23,501

–

24,000

170

155

140

125

110

95

 

24,001

–

24,500

175

160

145

130

115

100

 

24,501

–

25,000

180

165

150

135

120

105

 

25,001

–

25,500

185

170

155

140

125

110

 

25,501

–

26,000

190

175

160

145

130

115

 

26,001

–

26,500

195

180

165

150

135

120

 


 

Responsible Relative Liability

Gross Annual Income Range*

 

Number in Family (including recipient)

 

2

3

4

5

6

7 or more**

26,501

–

27,000

200

185

170

155

140

125

27,001

–

27,500

205

190

175

160

145

130

27,501

–

28,000

210

195

180

165

150

135

28,001

–

28,500

215

200

185

170

155

140

28,501

–

29,000

220

205

190

175

160

145

29,001

–

29,500

225

210

195

180

165

150

29,501

–

30,000

230

215

200

185

170

155

30,001

–

30,500

235

220

205

190

175

160

30,501

–

31,000

240

225

210

195

180

165

31,001

–

31,500

245

230

215

200

185

170

31,501

–

32,000

250

235

220

205

190

175

32,001

–

32,500

255

240

225

210

195

180

32,501

–

33,000

260

245

230

215

200

185

33,001

–

33,500

265

250

235

220

205

190

33,501

–

34,000

270

255

240

225

210

195

34,001

–

34,500

275

260

245

230

215

200

34,501

–

35,000

280

265

250

235

220

205

35,001

–

35,500

285

270

255

240

225

210

35,501

–

36,000

290

275

260

245

230

215

36,001

–

36,500

295

280

265

250

235

220

36,501

–

37,000

300

285

270

255

240

225

37,001

–

37,500

305

290

275

260

245

230

37,501

–

38,000

310

295

280

265

250

235

38,001

–

38,500

315

300

285

270

255

240

38,501

–

39,000

320

305

290

275

260

245

39,001

–

39,500

325

310

295

280

265

250

39,501

–

40,000

330

315

300

285

270

255

40,001

–

40,500

335

320

305

290

275

260

40,501

–

41,000

340

325

310

295

280

265

41,001

–

41,500

345

330

315

300

285

270

41,501

–

42,000

350

335

320

305

290

275

42,001

–

42,500

355

340

325

310

295

280

42,501

–

43,000

360

345

330

315

300

285

43,001

–

43,500

365

350

335

320

305

290

43,501

–

44,000

370

355

340

325

310

295

44,001

–

44,500

375

360

345

330

315

300

44,501

–

45,000

380

365

350

335

320

305

45,001

–

45,500

385

370

355

340

325

310

45,501

–

46,000

390

375

360

345

330

315

46,001

–

46,500

395

380

365

350

335

320

46,501

–

47,000

400

385

370

355

340

325

47,001

–

47,500

405

390

375

360

345

330

Responsible Relative Liability

Gross Annual Income Range*

 

Number in Family (including recipient)

 

2

3

4

5

6

7 or more**

47,501

–

48,000

410

395

380

365

350

335

48,001

–

48,500

415

400

385

370

355

340

48,501

–

49,000

420

405

390

375

360

345

49,001

–

49,500

425

410

395

380

365

350

49,501

–

50,000

430

415

400

385

370

355

50,001 & over (continues at $5 increments for each $500 increase in Gross Annual Income Range)

*Based on gross annual income as reflected on the responsible relative's Federal Income Tax Return.

**More than 7 in family (continues at $5 increments)