Section 101.10  Definitions

 

The following are definitions of terms used in this Part:

 

"Act" – means the Deceased, Disabled, and MIA/POW Veterans' Dependents Educational Opportunity Grant Act [330 ILCS 105].

 

"Applicant" – means the applicant is the eligible veteran or serviceperson, or in the case of a deceased eligible veteran or serviceperson, the applicant is the parent or legal guardian of the child or children.

 

"Child" or "Children" − means an Illinois resident for at least 12 months immediately preceding their application as certified on such applications, and a:

 

biological child of the veteran;

 

legally adopted child of the veteran under the age of 18 at the time of adoption;

 

stepchild under the age of 18 at the time of marriage of an eligible veteran or serviceperson; or

 

minor child younger than 18 who is under a court-ordered guardianship for at least two continuous years prior to application [330 ILCS 105/1]; or

 

child of a partner in a civil union, established pursuant to the Illinois Religious Freedom Protection and Civil Union Act [750 ILCS 75], with the veteran at the time of application for benefits under this Part.

 

"Department" – means the Illinois Department of Veterans' Affairs.

 

"Eligible veteran or serviceperson" − means any veteran or serviceperson, including an Illinois National Guard member, who is on active duty or is active on a training assignment:

 

who has:

 

been declared by the U.S. Department of Defense or the U.S. Department of Veterans Affairs to be a prisoner of war or missing in action; or

 

been found by the U.S. Department of Veterans Affairs to have died as the result of a service-connected disability or has become a person with a permanent disability from service-connected causes with 100% disability; or is 100% permanently and totally disabled by service-connected causes due to unemployability; and

 

who:

at the time of entering service was an Illinois resident;

 

was an Illinois resident within six months after entering such service; or

 

is a resident of Illinois at the time of application for the grant and, at some point after entering such service, was a resident of Illinois for at least 15 consecutive years; and

 

who:

 

did not receive a Bad Conduct discharge, Dishonorable/Undesirable discharge, or Dismissed discharge from the United States Armed Forces. [330 ILCS 105/1]

 

(Source:  Amended at 48 Ill. Reg. 15652, effective October 21, 2024)

 

Section 101.20  Benefits

 

a)         Eligibility

Children eligible for benefits under the Act and this Part must be:

 

1)         between ages 10 and 17, inclusively, except that a child aged 18 may receive benefits during the period necessary to complete high school. However, in no event will benefits be provided beyond the 19^th birthday;

 

2)         a resident of the State of Illinois;

 

3)         in compliance with Illinois compulsory attendance requirements as provided in Section 26-1 of the School Code through enrollment at an Illinois public, private, parochial, or home school.

 

b)         Payment

 

1)         No more than $250 will be paid for any one child during any one school year, or part of a school year, for the cost of matriculation and tuition fees, board, room rent, books and supplies.

 

2)         Payment of the benefit shall be made by the Department to the child, or, if the child is a minor, the veteran or serviceperson or guardian.

 

3)         Payment to eligible minor children of deceased veterans or servicepersons shall be made to the surviving spouse or guardian of the minor children receiving Death and Indemnity Compensation ("DIC") benefits from the U.S. Department of Veterans' Affairs.

 

(Source:  Amended at 48 Ill. Reg. 15652, effective October 21, 2024)

 

Section 101.30  Required Documentation for Eligibility

 

a)         Upon request from the Department, the applicant must provide the following official documentation when applicable:

 

1)         Marriage Certificate;

 

2)         Divorce Decree;

 

3)         Birth Certificate;

 

4)         Adoption Decree;

 

5)         Letters of Guardianship;

 

6)         Death Certificate or Report of Casualty;

 

7)         DD 214 or Discharge;

 

8)         Proof of Disability (Statement from Department of Defense or U.S. Department of Veterans' Affairs);

 

9)         Enlistment contract to demonstrate home of record at time of entering service, if Illinois is not listed as home of record on DD 214 or Discharge;

 

10)       Certification from the county clerk of a civil union;

 

11)       Any other documentation the Department requests to verify eligibility for the grant.

 

b)         If the eligible veterans' or servicepersons' DD 214 does not indicate Illinois residency when entering active duty, the applicant may verify establishment of residency within six months after entering military service by providing one or more of the following documents:

 

1)         Illinois driver's license issued during the relevant six month period;

 

2)         Illinois high school or college transcripts demonstrating attendance during the relevant six month period;

 

3)         Utility bills/rent receipts in the applicant's name during the relevant six month period;

 

4)         Illinois motor vehicle registration issued during the relevant six month period;

 

5)         Residential lease in the applicant's name during the relevant six month period;

 

6)         Statement of benefits history from the Illinois Department of Healthcare and Family Services or Department of Human Services during the relevant six month period;

 

7)         Statement of benefits from the Illinois Department of Employment Security during the relevant six month period;

 

8)         State of Illinois identification card issued during the relevant six month period; or

 

9)         Letter of employment on company letterhead verified by certification in accordance with Section 1-109 of the Code of Civil Procedure [735 ILCS 5/1-109].

 

c)         If the eligible veterans' or servicepersons' DD 214 does not indicate Illinois residency when entering and/or separating from the Armed Forces, the applicant may verify 15 years of continuous residency after entering military service and at time of application by providing a combination of sufficient documentation of one or more of the documents listed in subsection (c)(1) through (5), which include the following:

 

1)         Copies of Illinois Income Tax forms for each of the 15 years of required residency.  If records are unavailable, provide a statement of the record from the Illinois Department of Revenue that provides an accounting of Illinois Income Tax records currently available;

 

2)         Copies of Illinois voter registration documents for each of the 15 years of required residency.  If records are unavailable, provide a statement of the record from the county clerk where residency has been established that provides a record of voter registration records that are currently available;

 

3)         Copies of property records to include residential mortgages, deeds or residential leases that provide proof of 15 years of required residency within the State of Illinois;

 

4)         Copies of utility records to include electricity, water, waste removal, cable or internet service that provides proof of 15 years of required residency within the State of Illinois;

 

5)         Copies of driving records to include driver's license record, insurance, and ownership of vehicle titled in the State of Illinois that provides proof of 15 years of required residency within the State of Illinois.

 

d)         Documentation demonstrating compliance with Illinois compulsory attendance requirements as provided in Section 26-1 of the School Code [105 ILCS 5/26-1].

 

e)         If the documentation referenced above is not provided to the Department in order to verify eligibility for the grant, the Department will deny the application.

 

(Source:  Amended at 48 Ill. Reg. 15652, effective October 21, 2024)

 

Section 101.40  Forms (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 15652, effective October 21, 2024)

 

Section 101.50  Appealing an Award Denial

 

a)         If an applicant receives a denial of eligibility from the Department, the applicant may appeal the denial by filing an appeal within 30 days from the date of the denial letter with the Department. The Department will inform the applicant of their appeal rights and time frame to appeal via the denial letter.

 

b)         It will be the responsibility of the applicant to initiate an appeal if the applicant has not been satisfied with the decision of the Department regarding eligibility. The appeal shall be conducted in accordance with the appeal process outlined in 95 Ill. Adm. Code 113.

 

(Source:  Added at 48 Ill. Reg. 15652, effective October 21, 2024)