AUTHORITY: Implementing Article III and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5].

SOURCE: Filed effective December 30, 1977; peremptory amendment at 2 Ill. Reg. 17, p. 117, effective February 1, 1978; amended at 2 Ill. Reg. 31, p. 134, effective August 5, 1978; emergency amendment at 2 Ill. Reg. 37, p. 4, effective August 30, 1978, for a maximum of 150 days; emergency expired January 28, 1979; peremptory amendment at 2 Ill. Reg. 46, p. 44, effective November 1, 1978; emergency amendment at 3 Ill. Reg. 16, p. 41, effective April 9, 1979, for a maximum of 150 days; emergency amendment at 3 Ill. Reg. 28, p. 182, effective July 1, 1979, for a maximum of 150 days; amended at 3 Ill. Reg. 33, p. 399, effective August 18, 1979; amendment at 3 Ill. Reg. 33, p. 415, effective August 18, 1979; amended at 3 Ill. Reg. 38, p. 243, effective September 21, 1979; peremptory amendment at 3 Ill. Reg. 38, p. 321, effective September 7, 1979; amended at 3 Ill. Reg. 40, p. 140, effective October 6, 1979; amended at 3 Ill. Reg. 46, p. 36, effective November 2, 1979; amended at 3 Ill. Reg. 47, p. 96, effective November 13, 1979; amended at 3 Ill. Reg. 48, p. 1, effective November 15, 1979; peremptory amendment at 4 Ill. Reg. 9, p. 259, effective February 22, 1980; amended at 4 Ill. Reg. 10, p. 258, effective February 25, 1980; at 4 Ill. Reg. 12, p. 551, effective March 10, 1980; amended at 4 Ill. Reg. 27, p. 387, effective June 24, 1980; emergency amendment at 4 Ill. Reg. 29, p. 294, effective July 8, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 37, p. 797, effective September 2, 1980; amended at 4 Ill. Reg. 37, p. 800, effective September 2, 1980; amended at 4 Ill. Reg. 45, p. 134, effective October 27, 1980; amended at 5 Ill. Reg. 766, effective January 2, 1981; amended at 5 Ill. Reg. 1134, effective January 26, 1981; peremptory amendment at 5 Ill. Reg. 5722, effective June 1, 1981; amended at 5 Ill. Reg. 7071, effective June 23, 1981; amended at 5 Ill. Reg. 7104, effective June 23, 1981; amended at 5 Ill. Reg. 8041, effective July 27, 1981; amended at 5 Ill. Reg. 8052, effective July 24, 1981; peremptory amendment at 5 Ill. Reg. 8106, effective August 1, 1981; peremptory amendment at 5 Ill. Reg. 10062, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10079, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10095, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10113, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10124, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10131, effective October 1, 1981; amended at 5 Ill. Reg. 10730, effective October 1, 1981; amended at 5 Ill. Reg. 10733, effective October 1, 1981; amended at 5 Ill. Reg. 10760, effective October 1, 1981; amended at 5 Ill. Reg. 10767, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 11647, effective October 16, 1981; peremptory amendment at 6 Ill. Reg. 611, effective January 1, 1982; amended at 6 Ill. Reg. 1216, effective January 14, 1982; emergency amendment at 6 Ill. Reg. 2447, effective March 1, 1982, for a maximum of 150 days; peremptory amendment at 6 Ill. Reg. 2452, effective February 11, 1982; peremptory amendment at 6 Ill. Reg. 6475, effective May 18, 1982; peremptory amendment at 6 Ill. Reg. 6912, effective May 20, 1982; emergency amendment at 6 Ill. Reg. 7299, effective June 2, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 8115, effective July 1, 1982; amended at 6 Ill. Reg. 8142, effective July 1, 1982; amended at 6 Ill. Reg. 8159, effective July 1, 1982; amended at 6 Ill. Reg. 10970, effective August 26, 1982; amended at 6 Ill. Reg. 11921, effective September 21, 1982; amended at 6 Ill. Reg. 12293, effective October 1, 1982; amended at 6 Ill. Reg. 12318, effective October 1, 1982; amended at 6 Ill. Reg. 13754, effective November 1, 1982; rules repealed, new rules adopted and codified at 7 Ill. Reg. 907, effective January 10, 1983; amended (by adding Sections being codified with no substantive change) at 7 Ill. Reg. 5195; amended at 7 Ill. Reg. 9367, effective August 1, 1983; amended at 7 Ill. Reg. 17351, effective December 21, 1983; amended at 8 Ill. Reg. 537, effective December 30, 1983; amended at 8 Ill. Reg. 5225, effective April 9, 1984; amended at 8 Ill. Reg. 6746, effective April 27, 1984; amended at 8 Ill. Reg. 11414, effective June 27, 1984; amended at 8 Ill. Reg. 13273, effective July 16, 1984; amended (by Sections being codified with no substantive change) at 8 Ill. Reg. 17895; amended at 8 Ill. Reg. 18896, effective September 26, 1984; amended at 9 Ill. Reg. 5335, effective April 5, 1985; amended at 9 Ill. Reg. 8166, effective May 17, 1985; amended at 9 Ill. Reg. 8657, effective May 25, 1985; amended at 9 Ill. Reg. 11302, effective July 5, 1985; amended at 9 Ill. Reg. 11636, effective July 8, 1985; amended at 9 Ill. Reg. 11991, effective July 12, 1985; amended at 9 Ill. Reg. 12806, effective August 9, 1985; amended at 9 Ill. Reg. 15896, effective October 4, 1985; amended at 9 Ill. Reg. 16291, effective October 10, 1985; emergency amendment at 10 Ill. Reg. 364, effective January 1, 1986; amended at 10 Ill. Reg. 1183, effective January 10, 1986; amended at 10 Ill. Reg. 6956, effective April 16, 1986; amended at 10 Ill. Reg. 8794, effective May 12, 1986; amended at 10 Ill. Reg. 10628, effective June 3, 1986; amended at 10 Ill. Reg. 11920, effective July 3, 1986; amended at 10 Ill. Reg. 15110, effective September 5, 1986; amended at 10 Ill. Reg. 15631, effective September 19, 1986; amended at 11 Ill. Reg. 3150, effective February 6, 1987; amended at 11 Ill. Reg. 8712, effective April 20, 1987; amended at 11 Ill. Reg. 9919, effective May 15, 1987; emergency amendment at 11 Ill. Reg. 12441, effective July 10, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 20880, effective December 14, 1987; amended at 12 Ill. Reg. 867, effective January 1, 1988; amended at 12 Ill. Reg. 2137, effective January 11, 1988; amended at 12 Ill. Reg. 3497, effective January 22, 1988; amended at 12 Ill. Reg. 5642, effective March 15, 1988; amended at 12 Ill. Reg. 6151, effective March 22, 1988; amended at 12 Ill. Reg. 7687, effective April 22, 1988; amended at 12 Ill. Reg. 8662, effective May 13, 1988; amended at 12 Ill. Reg. 9023, effective May 20, 1988; amended at 12 Ill. Reg. 9669, effective May 24, 1988; emergency amendment at 12 Ill. Reg. 11828, effective July 1, 1988, for a maximum of 150 days; amended at 12 Ill. Reg. 14162, effective August 30, 1988; amended at 12 Ill. Reg. 17849, effective October 25, 1988; amended at 13 Ill. Reg. 63, effective January 1, 1989; emergency amendment at 13 Ill. Reg. 3402, effective March 3, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 6007, effective April 14, 1989; amended at 13 Ill. Reg. 12553, effective July 12, 1989; amended at 13 Ill. Reg. 13609, effective August 11, 1989; emergency amendment at 13 Ill. Reg. 14467, effective September 1, 1989, for a maximum of 150 days; emergency amendment at 13 Ill. Reg. 16154, effective October 2, 1989, for a maximum of 150 days; emergency expired March 1, 1990; amended at 14 Ill. Reg. 720, effective January 1, 1990; amended at 14 Ill. Reg. 6321, effective April 16, 1990; amended at 14 Ill. Reg. 13187, effective August 6, 1990; amended at 14 Ill. Reg. 14806, effective September 3, 1990; amended at 14 Ill. Reg. 16957, effective September 30, 1990; amended at 15 Ill. Reg. 277, effective January 1, 1991; emergency amendment at 15 Ill. Reg. 1111, effective January 10, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 5291, effective April 1, 1991; amended at 15 Ill. Reg. 5698, effective April 10, 1991; amended at 15 Ill. Reg. 7104, effective April 30, 1991; amended at 15 Ill. Reg. 11142, effective July 22, 1991; amended at 15 Ill. Reg. 11948, effective August 12, 1991; amended at 15 Ill. Reg. 14073, effective September 11, 1991; emergency amendment at 15 Ill. Reg. 15119, effective October 7, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 16709, effective November 1, 1991; amended at 16 Ill. Reg. 3468, effective February 20, 1992; amended at 16 Ill. Reg. 9986, effective June 15, 1992; amended at 16 Ill. Reg. 11565, effective July 15, 1992; emergency amendment at 16 Ill. Reg. 13641, effective September 1, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 14722, effective September 15, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 17154, effective November 1, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 17764, effective November 13, 1992, for a maximum of 150 days; amended at 17 Ill. Reg. 827, effective January 15, 1993; amended at 17 Ill. Reg. 2263, effective February 15, 1993; amended at 17 Ill. Reg. 3202, effective February 26, 1993; amended at 17 Ill. Reg. 4322, effective March 22, 1993; amended at 17 Ill. Reg. 6804, effective April 21, 1993; amended at 17 Ill. Reg. 14612, effective August 26, 1993; amended at 18 Ill. Reg. 2018, effective January 21, 1994; amended at 18 Ill. Reg. 7759, effective May 5, 1994; amended at 18 Ill. Reg. 12818, effective August 5, 1994; amended at 19 Ill. Reg. 1052, effective January 26, 1995; amended at 19 Ill. Reg. 2875, effective February 24, 1995; amended at 19 Ill. Reg. 6639, effective May 5, 1995; emergency amendment at 19 Ill. Reg. 8409, effective June 9, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 15034, effective October 17, 1995; amended at 20 Ill. Reg. 858, effective December 29, 1995; emergency amendment at 21 Ill. Reg. 673, effective January 1, 1997, for a maximum of a 150 days; amended at 21 Ill. Reg. 7404, effective May 31, 1997; recodified from the Department of Public Aid to the Department of Human Services at 21 Ill. Reg. 9322; amended at 22 Ill. Reg. 13642, effective July 15, 1998; emergency amendment at 22 Ill. Reg. 16348, effective September 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 18931, effective October 1, 1998; emergency amendment at 22 Ill. Reg. 21750, effective November 24, 1998, for a maximum of 150 days; emergency amendment at 23 Ill. Reg. 579, effective January 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 1607, effective January 20, 1999; amended at 23 Ill. Reg. 5548, effective April 23, 1999; amended at 23 Ill. Reg. 6052, effective May 4, 1999; amended at 23 Ill. Reg. 6425, effective May 15, 1999; amended at 23 Ill. Reg. 6935, effective May 30, 1999; amended at 23 Ill. Reg. 7887, effective June 30, 1999; emergency amendment at 23 Ill. Reg. 8650, effective July 13, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 10161, effective August 3, 1999; amended at 23 Ill. Reg. 13852, effective November 19, 1999; amended at 24 Ill. Reg. 2328, effective February 1, 2000; amended at 24 Ill. Reg. 11622, effective July 18, 2000; amended at 24 Ill. Reg. 13394, effective August 18, 2000; amended at 25 Ill. Reg. 5326, effective March 30, 2001; amended at 26 Ill. Reg. 179, effective January 1, 2002; amended at 26 Ill. Reg. 8532, effective May 31, 2002; amended at 26 Ill. Reg. 13521, effective September 3, 2002; amended at 27 Ill. Reg. 7252, effective April 7, 2003; amended at 28 Ill. Reg. 11139, effective July 21, 2004; emergency amendment at 28 Ill. Reg. 11366, effective July 21, 2004, for a maximum of 150 days; emergency amendment at 28 Ill. Reg. 12469, effective August 20, 2004, for a maximum of 150 days; emergency expired January 16, 2005; amended at 29 Ill. Reg. 648, effective December 16, 2004; amended at 29 Ill. Reg. 5703, effective April 11, 2005; amended at 29 Ill. Reg. 10176, effective July 5, 2005; amended at 30 Ill. Reg. 16065, effective September 21, 2006; amended at 31 Ill. Reg. 6981, effective April 30, 2007; amended at 31 Ill. Reg. 11306, effective July 19, 2007; amended at 32 Ill. Reg. 17187, effective October 16, 2008; peremptory amendment at 32 Ill. Reg. 18065, effective November 15, 2008; emergency amendment at 33 Ill. Reg. 4993, effective March 19, 2009, for a maximum of 150 days; emergency expired August 15, 2009; emergency amendment at 33 Ill. Reg. 7337, effective May 21, 2009, for a maximum of 150 days; emergency expired October 17, 2009; amended at 33 Ill. Reg. 12775, effective September 8, 2009; emergency amendment at 33 Ill. Reg. 12850, effective September 4, 2009, for a maximum of 150 days; emergency expired January 31, 2010; amended at 33 Ill. Reg. 13846, effective September 17, 2009; amended at 33 Ill. Reg. 15033, effective October 22, 2009; amended at 33 Ill. Reg. 16845, effective November 30, 2009; emergency amendment at 34 Ill. Reg. 6944, effective May 1, 2010, for a maximum of 150 days; emergency expired September 27, 2010; amended at 34 Ill. Reg. 7255, effective May 10, 2010; amended at 35 Ill. Reg. 1012, effective December 28, 2010; emergency amendment at 35 Ill. Reg. 6951, effective April 6, 2011, for a maximum of 150 days; emergency expired September 2, 2011; amended at 35 Ill. Reg. 17096, effective October 5, 2011; amended at 35 Ill. Reg. 18756, effective October 28, 2011; amended at 36 Ill. Reg. 15195, effective October 5, 2012; emergency amendment at 36 Ill. Reg. 17567, effective December 1, 2012 through June 30, 2013; amended at 37 Ill. Reg. 8728, effective June 11, 2013; amended at 37 Ill. Reg. 14876, effective August 27, 2013; amended at 38 Ill. Reg. 16229, effective July 18, 2014; emergency amendment at 38 Ill. Reg. 17470, effective July 30, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 22654, effective November 20, 2014; amended at 39 Ill. Reg. 13260, effective September 21, 2015; amended at 41 Ill. Reg. 10331, effective July 21, 2017; amended at 42 Ill. Reg. 16195, effective August 7, 2018; amended at 43 Ill. Reg. 343, effective December 20, 2018; emergency amendment at 43 Ill. Reg. 4346, effective March 20, 2019, for a maximum of 150 days; amended at 43 Ill. Reg. 6992, effective May 31, 2019; amended at 43 Ill. Reg. 9122, effective August 9, 2019; emergency amendment at 43 Ill. Reg. 14438, effective November 26, 2019, for a maximum of 150 days; amended at 44 Ill. Reg. 6973, effective April 16, 2020; amended at 44 Ill. Reg. 14710, effective August 25, 2020; amended at 45 Ill. Reg. 9000, effective June 30, 2021; amended at 45 Ill. Reg. 10022, effective July 26, 2021; amended at 45 Ill. Reg. 11667, effective September 8, 2021; amended at 46 Ill. Reg. 7743, effective April 26, 2022; amended at 46 Ill. Reg. 15572, effective September 1, 2022; amended at 47 Ill. Reg. 8875, effective June 9, 2023; amended at 47 Ill. Reg. 12384, effective August 1, 2023; amended at 48 Ill. Reg. 10618, effective July 3, 2024; amended at 48 Ill. Reg. 14027, effective September 6, 2024.

SUBPART A: GENERAL PROVISIONS

 

Section 113.1  Description of the Assistance Program

 

The Aid to the Aged, Blind, or Disabled program provides financial assistance, medical assistance and social services to individuals who have been determined to be aged, blind or disabled as defined by the Social Security Administration. Financial aid is available under this program  for persons who are receiving Supplemental Security Income (SSI) or who have been found ineligible for SSI on the basis of income and who meet all other eligibility standards. In addition, financial aid is available under this program to persons who meet all other eligibility standards and who do not receive SSI who are:

 

a)         Non-citizens age 65 or older who meet the citizenship requirements of 89 Ill. Adm. Code 113.10, were legally present in the United States on August 22, 1996, and who have been found "not disabled" by the Social Security Administration; or

 

b)         Persons who are ineligible for SSI due to the expiration of the period of eligibility for refugees and asylees pursuant to 8 USC 1612(a)(2).

 

(Source:  Amended at 29 Ill. Reg. 648, effective December 16, 2004)

 

Section 113.5  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.

 

(Source:  Added at 13 Ill. Reg. 6007, effective April 14, 1989)

SUBPART B: NON-FINANCIAL FACTORS OF ELIGIBILITY

 

Section 113.9  Client Cooperation

 

a)         As a condition of eligibility, clients must cooperate:

 

1)         in the determination of eligibility;

 

2)         with Department programs conducted for the purposes of acquisition or verification of information upon which eligibility may depend;

 

3)         in applying for all financial benefits for which they may qualify and to avail themselves of such benefits at the earliest possible date.

 

b)         Clients are required to avail themselves of all potential resources.

 

c)         When eligibility cannot be conclusively determined because the individual is unwilling or fails to provide essential information or to consent to verification, the client is ineligible.

 

d)         At screening, applicants shall be informed, in writing of any information they are to provide at the eligibility interview.

 

e)         At the eligibility interview or at any time during the application process, when the applicant is requested to provide information in his or her possession, the Department will allow ten (10) days for the return of the requested information.  The first day of the ten (10) day period is the calendar day following the date the information request form is sent or given to the applicant.  The last day of the ten (10) day period shall be a work day and is to be indicated on the information request form.  If the applicant does not provide the information by the date on the information request form, the application shall be denied on the following work day.

 

f)         At the eligibility interview or at any time during the application process, when the applicant is requested to provide third party information, the Department shall allow ten (10) days for the return of the requested information or for verification that the third party information has been requested.  The first day of the ten (10) day period is the calendar day following the date the information request form is sent or given to the applicant.  The last day of the ten (10) day period shall be a work day and is to be indicated on the information request form.  It is to be indicated on the information request form that the applicant shall provide written verification of the request for the third party information.  If the applicant does not provide the information or the verification that the information was requested by the date on the information request form, the application shall be denied on the following work day.

 

1)         Third party information is defined as information which must be provided by someone other than the applicant.  An authorized representative or person applying on another's behalf is not a third party but is treated as if he were the applicant.

 

2)         The Department shall advise clients of the need to provide written verification of third party information requests and the consequences of failing to provide such verification.

 

3)         If the applicant requests an extension either verbally or in writing in order to obtain third party information and provides written verification of the request for the third party information such as a copy of the request that was sent to the third party, an extension of ninety (90) days from the date of application shall be granted.  The first day of the ninety (90) day period is the calendar day following the date of application.  The 90^th day must be a work day.

 

4)         If an applicant's attempt to obtain third party information is unsuccessful, upon the applicant's request the Department will assist in securing evidence to support the client's eligibility for assistance.

 

(Source:  Amended at 17 Ill. Reg. 827, effective January 15, 1993)

 

Section 113.10  Citizenship

 

To be eligible for assistance, an individual shall be either a U.S. citizen or a non-citizen within specific categories and subject to specific restrictions as set forth in this Section.

 

a)         Citizenship status – Persons born in the U.S., or in its possessions, are U.S. citizens.  Citizenship can also be acquired by naturalization through court proceedings, or by certain persons born in a foreign country of U.S. citizen parents.

 

b)         Non-citizens

 

1)         The following categories of non-citizens may receive assistance, if otherwise eligible:

 

A)        A United States veteran honorably discharged and a person on active military duty, and the spouse and unmarried dependent children of such a person;

 

B)        Refugees under section 207 of the Immigration and Nationality Act (INA) (8 USC 1157);

 

C)        Asylees under section 208 (8 USC 1158) of INA;

 

D)        Persons for whom deportation has been withheld under section 243(h) of INA (8 USC 1253(h)) prior to September 30, 1996, or section 241(b)(3) of INA (8 USC 1231(b)(3)) on or after September 30, 1996;

 

E)        Persons granted conditional entry under section 203(a)(7) of INA (8 USC 1153), as in effect prior to April 1, 1980;

 

F)         Persons lawfully admitted for permanent residence under the INA including:

 

i)         Afghani immigrants with special immigrant status under section 101(a)(27) of INA (8 USC 1101).  The five-year residency requirement set forth in subsection (b)(2) of this Section does not apply to this sub-group.

 

ii)         Iraqi immigrants with special immigrant status under section 101(a)(27) of INA.  The five-year residency requirement set forth in subsection (b)(2) of this Section does not apply to this sub-group;

 

G)        Parolees, for at least one year, under section 212(d)(5) of INA (8 USC 1182);

 

H)        Persons who are a spouse, widow or child of a U.S. citizen or a spouse or child of a legal permanent resident (LPR) who have been battered or subjected to extreme cruelty by the U.S. citizen or LPR or a member of that relative's family who lived with them, who no longer live with the abuser or plans to live separately within one month after receipt of assistance and whose need for assistance is due, at least in part, to the abuse; and

 

I)         Victims of trafficking, or the minor child, spouse, parent or sibling of the trafficking victim, who have been certified by, or whose status has been verified by, the federal Office of Refugee Resettlement (ORR).

 

2)         Those persons who are in the categories set forth in subsections (b)(1)(F) and (b)(1)(G) and who enter the United States on or after August 22, 1996 shall not be eligible for five years beginning on the date the person entered the United States.

 

(Source:  Amended at 43 Ill. Reg. 9122, effective August 9, 2019)

 

Section 113.20  Residence

 

a)         Only those persons who are legally admitted to the United States can be found to be residents of the State of Illinois.

 

b)         In order to be eligible an individual must be a resident of Illinois, but does not require actual physical presence within the State.

 

c)         An individual is a resident of Illinois if living in Illinois (as defined by Section 2-10 of the Illinois Public Aid Code, Ill. Rev. Stat. 1983, ch. 23, par. 2-10) or if living in an out-of-state institution (as defined at 42 CFR 435.403(b)(1984)) and was placed there by an Illinois agency unless:

 

1)         the individual maintains a house, apartment or other home in another State; or

 

2)         the individual voluntarily leaves the out-of-state institution in which the individual was placed by an Illinois agency and does not return to Illinois; or

 

3)         the individual is receiving a State Supplementary Payment (as defined at 42 CFR 435.4 (1984), Mandatory State Supplement or Optional State Supplemental) from another State as a resident of that State; or

 

4)         the individual was placed in an institution located in Illinois by another State.

 

d)         An out-of-State Title IV-E eligible adoption assistance/foster care child living in Illinois is considered an Illinois resident for medical assistance coverage.

 

e)         An Illinois resident who is temporarily absent from the State retains Illinois residency if the individual intends to return to Illinois when the reason for the absence is accomplished.  If an individual remains outside of Illinois for a continous period of more than twelve (12) months, he/she must provide evidence (e.g., a copy of his/her most recent State Income Tax return) documenting that the absence was not due to an intent to change his/her residency.

 

(Source:  Amended at 12 Ill. Reg. 6151, effective March 22, 1988)

 

Section 113.30  Age

 

a)         There is no age requirement for Aid to the Aged, Blind or Disabled (Blind) (AABD(B)) and Aid to the Aged, Blind or Disabled (Disabled) (AABD(D)).

 

b)         An individual must be 65 year of age or older to qualify for Aid to the Aged, Blind or Disabled (Aged) (AABD(A)).

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

 

Section 113.40  Blind

 

a)         To be eligible for assistance as a blind person, an individual must be determined blind as currently defined by the Social Security Administration (SSA).  (See 20 CFR 416, Subpart I, April 1, 1984.)

 

b)         If an individual is receiving Supplemental Security Income (SSI) or primary Social Security (OASDI) benefits, the Department shall accept the Social Security Administration's (SSA) determination of blindness.  The Department will make the determination of blindness when the client has been denied SSI on the basis of too much income.  The Department uses the same criteria for blindness as is used under SSI.  (See 20 CFR 416, Subpart I, April 1, 1984.)

 

c)         Determination Process

 

1)         If an individual receiving assistance is determined currently "not blind" by SSA under the SSI or primary OASDI programs, the Department shall accept SSA's determination of blindness and cancel the case, no matter which agency made the original determination of eligibility.

 

2)         If the individual appeals the SSA determination of blindness to SSA, and continues to receive SSI and/or OASDI, assistance shall be continued or reinstated through the level of a determination by an Administrative Law Judge (ALJ)  subject to the time limits of subsection (c)(3) of this Section.

 

3)         If the client notifies the Department of his appeal to SSA within 10 days after the date of the Department notice, assistance will be continued with no break.  If the client notifies the Department of his appeal to SSA within 11 through 65 days after the date of the Department notice, assistance will be reinstated back to the original date of cancellation.  If the client notifies the Department of his appeal to SSA more than 65 days after the date of the Department notice, assistance will be provided prospectively only, unless the client actually appealed to SSA within 65 days from the date of the Department notice, in which case assistance will be reinstated back to the original date of cancellation.

 

4)         If an Administrative Law Judge finds the individual "not blind", the Department shall accept that finding as final.  The individual shall not have the right to appeal the determination of blindness to the Department at any time during this process.

 

d)         Redetermination of blindness is a condition of continuing eligibility for individuals who are not applying for or receiving SSI or OASDI benefits.

 

e)         When appropriate, the Department shall pay for a medical examination to determine blindness.

 

(Source:  Amended at 22 Ill. Reg. 13642, effective July 15, 1998)

 

Section 113.50  Disabled

 

a)         To be eligible for assistance as a disabled person, an individual must be determined disabled as currently defined by the Social Security Administration.  (See 20 CFR 416, Subpart I, April 1, 1984.)

 

b)         If an individual is receiving Supplemental Security Income (SSI) or primary Social Security (OASDI) benefits, the Department shall accept the Social Security Administration's (SSA) determination of disability.   The Department will make the determination of disability when the client has been denied SSI on the basis of too much income. The Department uses the same criteria for disability as is used under SSI.  (See 20 CFR 416, Subpart I, April 1, 1984.)

 

c)         Determination Process

 

1)         If an individual receiving assistance is determined currently "not disabled" by SSA under the SSI or primary OASDI programs, the Department shall accept SSA's determination of disability and cancel the case, no matter which agency made the original determination of eligibility.

 

2)         If the individual appeals the SSA determination of disability to SSA, and continues to receive SSI and/or OASDI, assistance shall be continued or reinstated through the level of a determination by an Administrative Law Judge (ALJ) subject to the time limits of subsection (c)(3) of this Section.

 

3)         If the client notifies the Department of his appeal to SSA within 10 days after the date of the Department notice, assistance will be continued with no break.  If the client notifies the Department of his appeal to SSA within 11 through 65 days after the date of the Department notice, assistance will be reinstated back to the original date of cancellation.  If the client notifies the Department of his appeal to SSA more than 65 days after the date of the Department notice, assistance will be provided prospectively only, unless the client actually appealed to SSA within 65 days from the date of the Department notice, in which case assistance will be reinstated back to the original date of cancellation.

 

4)         If an Administrative Law Judge finds the individual "not disabled", the Department shall accept that finding as final.  The individual shall not have the right to appeal the determination of disability to the Department at any time during this process.

 

d)         Redetermination of disability is a condition of continuing eligibility for individuals who are not applying for or receiving SSI or OASDI benefits.

 

(Source:  Amended at 22 Ill. Reg. 13642, effective July 15, 1998)

 

Section 113.60  Living Arrangement

 

All persons included in the assistance unit must be residing in the same household.  To be included in the assistance unit as a child, the child must live with a specified relative in that relative's home.  The relative must exercise primary responsibility for care and supervision of the child, even though either the child or the relative is temporarily absent from the customary family setting.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

 

Section 113.70  Institutional Status

 

a)         Individuals residing in public institutions (see 42 CFR 435.1009) are ineligible for financial and medical assistance.

 

b)         Individuals between the ages of 22-64 who are patients in an institution for Mental Diseases (see 42 CFR 435.1009) are ineligible for financial and medical assistance.  These individuals continue to be ineligible for financial and medical assistance while temporarily discharged for the purpose of obtaining medical care.  Individuals who are temporarily discharged remain patients of the institution as long as they are not given a complete or absolute discharge while they receive medical care.  An individual on conditional release or convalescent leave from an Institution for Mental Diseases is not considered to be a patient in that institution.  A conditional release or convalescent leave is one that provides treatment for the illness or condition for which the individual was institutionalized rather than for a medical condition.

 

c)         Individuals residing in public, educational or vocational training institutions may be eligible for MANG (AABD) only.

 

d)         Individuals confined in or under the jurisdiction of any local, state, or federal, penal or correctional institution or law enforcement authority are ineligible for assistance.

 

e)         Residents of a private psychiatric hospital certified for participation in the Medicare Program who are 65 years of age or older may be eligible for assistance.  Those individuals residing in a private psychiatric hospital not certified to participate in the Medicare Program are not eligible for public assistance.

 

f)         Individuals under age 21 residing in a private psychiatric hospital having JCAH accreditation may be eligible for public assistance.

 

g)         A resident of a private institution who has a contract with the institution providing total needs throughout life is ineligible, as no needs remain to be met.

 

h)         Residents of private institutions (other than those who have purchased life care contracts) are ineligible for public assistance when they have purchased care and maintenance to provide for all their needs in the institution and the amount paid has not been wholly consumed for care.

 

i)          Individuals, living in a public or a private facility which has official policies and administrative procedures which are not in conformance or are in conflict with the Public Aid Code provision or Department rules governing eligibility for public assistance, are ineligible for public assistance.

 

(Source:  Amended at 12 Ill. Reg. 8662, effective May 13, 1988)

 

Section 113.80  Social Security Number

 

The Department shall request the Social Security Number of each individual (including children) applying for assistance and;

 

a)         advise the client(s) that disclosure of or application for a Social Security Number is voluntary;

 

b)         inform the client(s) by what statute the Social Security Number is requested; and

 

c)         inform the client that Social Security Numbers will be used only in the administration of the Medicaid program.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

SUBPART C: FINANCIAL FACTORS OF ELIGIBILITY

 

Section 113.100  Unearned Income

 

a)         All currently available, unearned income which is not specified as exempt shall be considered in the determination of eligibility and the level of the assistance payment.

 

b)         Unearned income is all income other than that received in the form of salary for services performed as an employee or profits from self-employment.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

 

Section 113.101  Budgeting Unearned Income

 

a)         Budgeting is the method by which non-exempt income is compared to the applicable payment levels (as contained in Sections 113.246 to 113.256) plus additional income maintenance needs to determine  the amount of the monthly assistance payment for the assistance unit.

 

b)         Monthly unearned income of a client is budgeted on the basis of the income that is anticipated to be received in the payment month.

 

c)         If a recipient has more than one source of unearned income, the monthly income shall be calculated from all sources.

 

(Source:  Amended at 26 Ill. Reg. 179, effective January 1, 2002)

 

Section 113.102  Budgeting Unearned Income of Applicants Receiving Income on Date of Application And/Or Date of Decision

 

a)         The unearned income received or expected to be received during a thirty day period commencing with the day of application shall be considered in the determination of eligibility.

 

b)         If the client is eligible, the amount of his initial prorated entitlement period (IPE) grant shall be based on the income which the client expects to receive during the IPE period.  The IPE period is the period of time from when assistance first begins to the time recipient receives the first regular grant.

 

c)         For the months following the IPE, the amount of the grant shall be based on the amount of income anticipated to be received during the payment month.

 

(Source:  Amended at 26 Ill. Reg. 179, effective January 1, 2002)

 

Section 113.103  Initial Receipt of Unearned Income

 

a)         When a recipient reports that he has begun receiving unearned income, a determination of continued eligibility shall be made.

 

b)         Income which the recipient expects to receive during the payment month shall be considered in the determination of eligibility.

 

c)         If the recipient remains eligible, the income anticipated to be received during the payment month shall be budgeted for the payment month.

 

d)         If a recipient fails to report that he has begun to receive unearned income, a determination of eligibility shall be conducted when the Department learns of the receipt.  The Department shall also determine at that time whether there has been overpayment (in accordance with 89 Ill. Adm. Code 102.100).

 

(Source:  Amended at 26 Ill. Reg. 179, effective January 1, 2002)

 

Section 113.104  Termination of Unearned Income

 

If a recipient reports that unearned income has ended, income is no longer budgeted beginning with the payment month following the receipt of the last unearned income amount.

 

(Source:  Amended at 26 Ill. Reg. 179, effective January 1, 2002)

 

Section 113.105  Unearned Income In-Kind

 

a)         Unearned Income in-kind is payment made by a non-member of the assistance unit in behalf of or in the name of a member of the assistance unit.

 

b)         Unearned income in-kind shall be exempt.

 

c)         When the assistance unit shares a dwelling unit with another family or individual(s), the exchange of cash for purposes of satisfying payment of shelter related obligations shall not constitute an income in-kind payment and shall not be considered available to meet the needs of the person who receives and disburses the shelter-related payment.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

 

Section 113.106  Earmarked Income

 

a)         Earmarked income is income restricted for the use of a specified individual by court order, or by legal stipulation of a contributor.

 

b)         Earmarked income shall be budgeted against the needs of the specified individual only.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

 

Section 113.107  Lump-Sum Payments and Income Tax Refunds

 

a)         A lump-sum payment is a one time payment such as retroactive VA, SSA or UI benefits, lottery winnings, insurance settlements, etc.  If the amount of the lump-sum payment and other countable monthly income is sufficient to meet the client's needs prospectively for a period of at least one month, eligibility for assistance does not exist.  However, if continued eligibility exists, the lump-sum payment is budgeted against the payment month following the month in which the lump-sum payment was received.  Any amount remaining in the client's possession after the month of receipt is considered an asset subject to the appropriate asset disregard.

            AGENCY NOTE:  A child's SSI lump-sum payment that is paid directly, on behalf of a child, into a dedicated account is not countable as income when received or as an asset in the month(s) following the month of receipt.

 

b)         When a lump-sum payment is from SSI, and is not paid into a dedicated account, if continued eligibility for financial assistance does not exist, continue to provide medical assistance only.  An SSI lump-sum payment paid into a dedicated account does not affect financial assistance eligibility.

 

c)         A federal income tax refund received after December 31, 2009 and before January 1, 2013 is considered an exempt asset.  All income tax refunds received on or after January 1, 2013 shall be considered available assets and are to be considered against the appropriate non-exempt asset limitation of the assistance unit.  One-half of joint tax refunds shall be considered available for each payee.  A client who declares that less than one-half of the joint income tax was received may claim an exception.  Only the amount claimed to be received shall be considered.

 

d)         If a client is the beneficiary of a life insurance policy any portion of those proceeds not in excess of $1500 used to pay for the funeral/burial expenses of the insured shall be exempt as income.

 

(Source:  Amended at 35 Ill. Reg. 18756, effective October 28, 2011)

 

Section 113.108  Protected Income (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 11565, effective July 15, 1992)

 

Section 113.109  Earned Income (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 11565, effective July 15, 1992)

 

Section 113.110  Budgeting Earned Income (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 11565, effective July 15, 1992)

 

Section 113.111  Protected Income

 

Supplemental Security Income (SSI) shall be protected income which shall not be considered available to meet the needs of any other individual.

AGENCY NOTE:  Retroactive lump-sum payments made by the Social Security Administration to SSI recipients, except those paid directly on behalf of a child into a dedicated account, are not protected income but are to be considered as any other lump-sum payment.

 

(Source:  Amended at 23 Ill. Reg. 6425, effective May 15, 1999)

 

Section 113.112  Earned Income

 

a)         All currently available income which is not specified as exempt shall be considered in the determination of eligibility and the level of the assistance payment.

 

b)         Earned income is remuneration acquired through the receipt of salaries or wages for services performed as an employee or profits from an activity in which the individual is self-employed.

 

c)         Earned income received through the Job Training Partnership Act (29 U.S.C. 1501-1781) must be budgeted against the AABD grant.

 

(Source:  Amended at 8 Ill. Reg. 13273, effective July 16, 1984)

 

Section 113.113  Exempt Unearned Income

 

a)         The following unearned income from governmental sources shall be exempt from consideration in determining eligibility for assistance and the amount of the assistance payment:

 

1)         The value of the benefit allotment under the Food and Nutrition Act of 2008 (7 USC 2017(b));

 

2)         The value of the U.S. Department of Agriculture donated foods (surplus commodities);

 

3)         The value of supplemental food assistance received under the Child Nutrition Act of 1966, as amended (42 USC 1780(b)), and the special food service program for children under the Richard B. Russell National School Lunch Act, as amended (42 USC 1760);

 

4)         Any benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965, as amended (42 USC 3045 et seq.);

 

5)         Any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4636);

 

6)         Any funds distributed per capita or held in trust for members of any Indian Tribe under P.L. 92-254, P.L. 93-134, or P.L. 94-540;

 

7)         Tax exempt portions of payments made pursuant to the Alaska Native Claims Settlement Act (42 USC 1601 et seq.);

 

8)         Any compensation provided to individual volunteers under the Retired Senior Volunteer Program and the Foster Grandparent Program and Older Americans Community Service Programs established under Title VI of the Older Americans Act of 1965, as amended (42 USC 3045 et seq.);

 

9)         Payments to Volunteers under the 1973 Domestic Volunteer Service Act (48 USC 5044(q)).  These include:

 

A)        Vista Volunteers; and

 

B)        Volunteers serving as senior health aides, senior companions, foster grandparents, or persons serving in the Service Corps of Retired Executives (SCOPE) or the Active Corps of Executives (ACE);

 

10)         Income received under the provisions of Section 1 of the Illinois Senior Citizens and Disabled Persons Property Tax Relief Act [320 ILCS 25/1].  This includes both the benefits commonly known as the "circuit breaker" and "additional grants";

 

11)         Experimental Housing Allowance Program payments made under Annual Contributions Contracts entered into prior to January 1, 1975 under Section 23 of the U.S. Housing Act of 1937, as amended (42 USC 1437(f));

 

12)         Any payments distributed per capita or held in trust for members of Indian tribes under Sections 5 of P.L. 94-114 that became effective October 17, 1975;

 

13)         SSI lump sum payments received by MANG participants who reside in the community (not residing in a long term care facility, DMHDD facility or other medical facility);

 

14)         Any adoption subsidy received from DCFS;

 

15)         Any foster care payment received from DCFS except independent living arrangement payments;

 

16)         Title IV-E adoption assistance or foster care payment received from a state welfare agency of another state are exempt for MANG;

 

17)         Any payment received from the Self Sufficiency Trust Fund established in accordance with Section 21.1 of the Department of Mental Health and Developmental Disabilities Act [20 ILCS 1705/21.1];

 

18)         Any payment received under Title I of P.L. 100-383, the Civil Liberties Act of 1988, which provides that restitution shall be made to United States citizens and permanent resident aliens of Japanese ancestry who were interned during World War II;

 

19)         Any payment received under Title II of P.L. 100-383, the Aleutian and Pribilof Islands Restitution Act, which provides that restitution shall be made to any Aleut living on the date of enactment of P.L. 100-383 (August 10, 1988) who, as a civilian, was relocated by authority of the United States from his or her home village on the Pribilof Islands or the Aleutian Islands west of Unimak Island to an internment camp, or other temporary facility or location during World War II; or who was born while his or her natural mother was subject to such relocation;

 

20)         Payments made to veterans who receive an annual disability payment or to the survivors of deceased veterans who receive a one-time lump sum payment from the Agent Orange Settlement Fund or any other fund referencing Agent Orange product liability under P.L. 101-201;

 

21)         Payments received under the Radiation Exposure Compensation Act (42 USC 2210);

 

22)         Money received from the Social Security Administration under a Plan to Achieve Self-Support (PASS) (see 42 USC 1382a);

 

23)         Earnings, allowances, and payments received under Title I of the National and Community Service Act of 1990 (42 USC 12501);

 

24)         Disaster relief payments provided by federal, state or local government or a disaster assistance organization;

 

25)         The amount of earned income tax credit which the client receives as advance payment or as a refund of federal income tax;

 

26)         German reparation payments made under the Federal Republic of Germany's Law for Compensation of National Socialist Persecution (Germany Restitution Act) to survivors of the Holocaust (see 20 CFR 416.1124b) (2009);

 

27)         Payments of up to $2000 per year derived from individual interests in Indian trust or restricted lands under P.L. 103-66;

 

28)         Payments made under the federal Crime Act of 1984 (as amended by P.L. 104-132, Section 234, Crime Victims Fund);

 

29)         The $25 per week increase in Unemployment Compensation Benefits authorized under the American Recovery and Reinvestment Act of 2009 (Div. B, Title II, Sec. 2002 of P.L. 111-5);

 

30)         The Economic Recovery Payment to recipients of Social Security, Supplemental Security Income (SSI), Railroad Retirement Benefits, and Veterans Disability Compensation or Pension Benefits authorized under the American Recovery and Reinvestment Act of 2009 (Div. B, Title II, Sec. 2001 of P.L. 111-5);

 

31)         Payments to eligible persons who served in the United States Armed Forces in the Far East during World War II authorized under the American Recovery and Reinvestment Act of 2009 (Div. A, Title X, Sec. 1002 of P.L. 111-5); and

 

32)         Achieving a Better Life Experience (ABLE) account balance and earnings.

 

b)         In addition to the unearned income listed in subsection (a), the following unearned income from non-governmental sources shall be exempt from consideration in determining eligibility for assistance and amount of the assistance payment:

 

1)         The value of home produce which is used for personal consumption; and

 

2)         Social Security death benefit expended on a funeral and/or burial.

 

3)         For a period of no more than 60 months, any financial assistance, including wages, cash transfers or gifts, that is provided to a person who is enrolled in a program or research project that is not funded with general revenue funds that is intended to investigate impacts of policies or programs designed to reduce poverty, promote social mobility, or increase financial stability for Illinois residents, if there is an explicit plan to collect data and evaluate the program or initiative that is developed prior to participants in the study being enrolled in the program and if a research team has been identified to oversee the evaluation.

 

(Source:  Amended at 45 Ill. Reg. 9000, effective June 30, 2021)

 

Section 113.114  Budgeting Earned Income of Applicants

 

a)         The earned income received or expected to be received during a thirty day period commencing with the day of application shall be considered in the determination of eligibility.

 

b)         If the client is eligible, the amount of his initial prorated entitlement period (IPE) grant shall be based on the income which the client expects to receive during the IPE period.  The IPE period is the period of time from when assistance first begins to the time the recipient receives the first regular grant.

 

c)         For the months following the IPE, the amount of the grant shall be based on the amount of income anticipated to be received in the payment month.

 

(Source:  Amended at 26 Ill. Reg. 179, effective January 1, 2002)

 

Section 113.115  Initial Employment

 

a)         When a recipient reports that he has begun employment, a determination of continued eligibility shall be made.

 

b)         Income which the recipient expects to receive during the payment month shall be considered in the determination of eligibility.

 

c)         If the recipient remains eligible, the income anticipated to be received during the payment month shall be budgeted for the payment month.

 

d)         If a recipient fails to report that he has begun to work, a determination of eligibility shall be conducted when the Department learns of the employment.  The Department shall also determine at that time whether there has been overpayment (in accordance with 89 Ill. Adm. Code 102.100).

 

(Source:  Amended at 26 Ill. Reg. 179, effective January 1, 2002)

 

Section 113.116  Budgeting Earned Income For Contractual Employees

 

a)         Contractual employees are:

 

1)         construction workers with a written agreement to perform a task for specified compensation;

 

2)         teachers;

 

3)         substitute teachers in some school systems;

 

4)         educational administrators; and

 

5)         any person whose job duties and compensation are specified for a distinct time period by a written agreement.

 

b)         The contractual income shall be averaged over the total period of the contract.  This shall be done even though the income may be received in fewer months than are covered by contract.

 

c)         Determination of eligibility shall be based on the averaged monthly income.

 

d)         The amount of the assistance grant shall be based on the income which the client expects to receive according to the contract during the payment month.

 

e)         A determination of eligibility shall be conducted when the recipient's contract is renegotiated.  For school employees, a determination of eligibility shall be conducted at the beginning of the academic year if the employee received a raise.

 

(Source:  Added at 7 Ill. Reg. 9367, effective August 1, 1983)

 

Section 113.117  Budgeting Earned Income For Non-contractual School Employees

 

a)         Non-contractual School employees are:

 

1)         teachers aides;

 

2)         school secretaries and other clerical workers;

 

3)         school cafeteria workers;

 

4)         school custodians; and

 

5)         other school employees who either have no contract and are laid off during the summer or have a contract or letter of agreement which does not state it is an annual contract or agreement and does not require the employee to work during the summer.

 

b)         The income expected to be received during the first thirty days shall be used to determine eligibility and the amount of the assistance grant.

 

c)         A determination of eligibility shall be conducted at the beginning of the academic year if the employee received a raise.  For the determination of eligibility, income expected to be received during the first payment month for which a grant change could be effected shall be considered.  The income is not averaged.

 

d)         Determination of eligibility and the amount of the assistance grant shall be based on the income which the client expects to receive during the payment month.

 

(Source:  Amended at 26 Ill. Reg. 179, effective January 1, 2002)

 

Section 113.118  Termination of Employment

 

If a recipient reports that employment has ended, income is no longer budgeted beginning with the payment month following the receipt of the last paycheck.

 

(Source:  Amended at 26 Ill. Reg. 179, effective January 1, 2002)

 

Section 113.120  Exempt Earned Income

 

a)         AABD (Excluding Long Term Group Care).  The first $25.00 of a client's earned or unearned income, other than contributions from a spouse or other individual shall be exempt from consideration in determining initial or continued eligibility for assistance grant.  A client is eligible for only one $25.00 exemption regardless of the types or sources of income.

 

b)         Certain amounts of earned income shall be exempt:

 

1)         AABD (A) (D).  The first $20.00 of gross earned income plus one-half of the next $60.00 shall be exempt.

 

2)         AABD (B)

 

A)        The first $85.00 of the gross earned income plus one-half of the amount in excess of $85.00 shall be exempt.

 

B)        Amounts of income as may be necessary for fulfillment of a client's plan for achieving self-support for a period not to exceed 12 months shall be exempt.

 

c)         Earned income from the U.S. Census Bureau for temporary census employment is exempt.

 

(Source:  Amended at 44 Ill. Reg. 6973, effective April 16, 2020)

 

Section 113.125  Recognized Employment Expenses

 

a)         The following recognized expenses of employment shall be exempt from consideration:

 

1)         Withholding taxes (Federal and State);

 

2)         Social Security tax;

 

3)         Transportation at the most reasonable rate. If the individual's own car is the most economical means of transportation 19 cents per mile shall be allowed as transportation expense;

 

4)         Lunch supplementation:

 

A)        If carried from home, 15 cents per working day to a maximum of $3.00 per month;

 

B)        If purchased at work, 45 cents per working day to a maximum of $9.00 per month;

 

5)         Special tools and uniforms required by employment;

 

*6)       Union dues;

 

*7)       Group life insurance premiums;

 

*8)       Group health insurance premiums;

 

*9)       Retirement plan withholdings; and

 

10)       The reasonable cost of items and services which are needed and used to enable a disabled person to work.

            *Agency Note:  Only if mandatory as a condition of employment

 

b)         Child Care

 

1)         Expenses of child care shall be deducted from income up to a maximum of $160 per child or $128 per child if the client is not full-time employed or employed throughout the month as defined below.

 

2)         The child care deduction is not allowed when the child care provider is a responsible relative of the child receiving care.

 

3)         Full-time employment means the individual is employed for at least 100 hours during the month.  Employed throughout the month means the individual is employed at least one-half of the days of the month.

 

(Source:  Amended at 15 Ill. Reg. 11948, effective August 12, 1991)

 

Section 113.130  Income From Work/Study/Training Programs

 

a)         Earned income received through the Job Training Partnership Act must be budgeted against the AABD grant.

 

b)         Unearned income such as need based payments, cash assistance, compensation in lieu of wages and allowances received through the Job Training Partnership Act is exempt.

 

c)         Education Benefits

 

1)         Federal Loan and Grant Program

 

A)        Income from education loans and grants made or insured under any program administered by the Federal Department of Education is totally exempt whether the grant is paid directly to the schools or to the student.

 

B)        These loans and grants include, but are not limited, to the following:

 

i)          Pell Grants;

 

ii)         National Direct Student Loans;

 

iii)        PLUS Program;

 

iv)        Byrd Honor Scholarship Program;

 

v)         Supplementary Educational Opportunity Grant;

 

vi)        College Work Study;

 

vii)       Guaranteed Loan Program; and

 

viii)      Assistance provided under the Carl D. Perkins Vocational and Applied Technology Education Act.

 

2)         Other Education Benefits

 

            That portion of an educational benefit which is actually used for items such as tuition, books, fees, equipment, transportation, and child care expenses necessary for school attendance shall be exempt.

 

A)        Veterans Education Assistance

            Income from educational benefits paid to a veteran or to a dependant of a veteran shall be exempt only to the extent that it is applied toward educational expenses.

 

B)        Income from educational loans and grants obtained and used under conditions which preclude their use for current living costs is exempt.

 

(Source:  Amended at 16 Ill. Reg. 9986, effective June 15, 1992)

 

Section 113.131  Earned Income From Self-Employment

 

a)         Income realized from self-employment shall be considered earned income.

 

b)         Accurate and complete records shall be kept on all monies received and spent through self-employment.  If the individual fails or refuses to maintain complete business records, the assistance unit shall be ineligible.

 

c)         Business expenses shall be verified.  The individual shall have full responsibility for proof of any business expense.  No deduction shall be allowed for depreciation, obsolescence and/or similar losses in the operation of the business.  Gross income from the business shall be turned back into the business only to replace stock actually sold.

 

d)         The net income shall be the gross remaining after the replacement of stock and business expenses have been considered, and the $75 appropriate employment expenses and child care expenses, as specified in Section 113.125, have been deducted.  The earned income exemption, if applicable, shall be computed on the net income.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

 

Section 113.132  Earned Income From Roomer and Boarder

 

a)         Money paid by roomers and/or boarders to a member of an assistance unit who represents himself as being self-employed in the business of renting rooms shall be considered earned income.

 

b)         The following times shall be allowed as deductions for a roomer and boarder.

 

1)         Replacement of towels and bed linen − $1.50

 

2)         Laundry − 55˘ for additional supplies when the recipient launders the linen; or the roomer's per capita cost when laundry is done commercially

 

3)         Food − if the roomer and boarder receives public assistance, the allowance is the appropriate AABD financial standard.  If the roomer and boarder does not receive public assistance, the allowance is the appropriate AABD standard plus 25% of the allowance

 

4)         Earned income exemptions as applicable.

 

c)         The applicable earned income exemption shall be the only deduction allowed for a roomer who is not also a boarder.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

 

Section 113.133  Earned Income From Rental Property

 

a)         Income which a client receives from rental property which he owns shall be considered earned income if the client is actively engaged in the management of the property for an average.

 

b)         When determining net income, the reasonable and necessary rental expenses which the client incurs in the production of income may be deducted from the gross income.

 

c)         If a client is responsible for cleaning a room and providing clean linens, the income which he receives shall be considered earned income from a roomer rather than earned income from rental property.

 

d)         After deduction of rental expenses, the appropriate employment expenses as specified in Section 113.125, shall be deducted to determine net rental income.

 

e)         The appropriate earnings disregard shall be deducted from gross rental income (after deducting expenses) to determine net income.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

 

Section 113.134  Earned Income In-Kind

 

a)         Earned income in-kind is remuneration received in a form other than cash for services performed.  Such remuneration shall include, but is not limitated to housing, food (except meals provided while working), satisfaction of a debt, or a service provided by the employer for the employee.

 

b)         Earned income-in-kind shall be exempt.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

 

Section 113.139  Payments from the Illinois Department of Children and Family Services

 

Foster Care Payments

 

a)         The following foster care payments made by the Department of Children and Families Services (DCFS) are to be considered exempt unearned income when determining the eligibility of the assistance unit (exclusive of the foster child).

 

1)         Basic maintenance payments.

 

2)         Special service fee payments.

 

3)         Intensive service fee payments.

 

4)         Monthly retainer fee payments.

 

5)         Adoption Subsidies.

 

b)         Independent living arrangement payments.

            Payments made by DCFS to wards living independently of a foster home shall be considered nonexempt unearned income when determining the eligibility of the ward's children for assistance.

 

(Source:  Amended at 8 Ill. Reg. 5225, effective April 9, 1984)

 

Section 113.140  Assets

 

a)         The value of nonexempt assets shall be considered in determining eligibility for an assistance payment.

 

b)         The entire equity value of jointly held assets shall be considered in determining eligibility for an assistance payment, unless:

 

1)         The asset is a joint income tax refund; or

 

2)         The client documents that the client does not have access to the asset. Appropriate documents may include, but are not limited to, bank documents, signature cards, trust documents, divorce papers, and papers from court proceedings; or

 

3)         The asset is held jointly with a client or clients of any Illinois Department of Public Aid program, other than Food Stamps; or

 

4)         The client can document the amount of his legal interest in the asset, and that such amount is less than the entire value of the asset, then the documented amount shall be considered.  Appropriate documentation, may include, but is not limited to, bank documents, trust documents, signature cards, divorce papers, or court orders; or

 

5)         The client documents that the asset or a portion of the asset is not owned by the client and the client's accessibility to the asset is changed (see subsections (b)(2) and (4) above for documentation examples).

 

c)         Trusts for residents of long term care facilities shall be treated as described in 89 Ill. Adm. Code 120.347.

 

d)         Provisions for the transfer of property (for example, assets) for residents of long term care facilities shall be treated as described in 89 Ill. Adm. Code 120.386 and 120.387.

 

e)         The value of a life estate shall be determined at the time the life estate in the property is established and at the time the property (for example, assets) is liquidated.  In determining the value of the life estate and remainder interest based on the value of the property at the time the life estate is established or on the amount received when the property is liquidated, the Department shall apply the values described in 89 Ill. Adm. Code 120.Table A.  The life estate and remainder interest are based on the age of the person at the time the life estate in the property is established and at the time the property is liquidated and the corresponding values described in 89 Ill. Adm. Code 120.Table A.

 

(Source:  Amended at 19 Ill. Reg. 2875, effective February 24, 1995)

 

Section 113.141  Exempt Assets

 

a)         The following assets are exempt from consideration in determining eligibility for assistance and the amount of the assistance payment:

 

1)         Homestead property.

 

2)         Personal Property

 

A)        Personal effects extraordinarily and household goods of reasonable value (reasonable value means the client's equity value in the property does not exceed $2,000).  Wedding and engagement rings and items required due to medical or physical condition.

 

B)        Regardless of the value, personal effects and household goods are exempt in determining the amount allowed as the Community Spouse Asset Allowance (as described at 89 Ill. Adm. Code 120.379).

 

3)         Resources (for example, land, buildings, equipment and supplies or tools) necessary for self-support up to $6,000 of the individual's equity in the income producing property, provided the property produces a net annual income of at least 6% of the excluded equity value of the property.  The equity value in excess of $6,000 is applied toward the asset disregard.  If the activity produces income less than 6% of the exempt equity due to reasons beyond the individual's control (for example, the individual's illness or crop failure) and there is a reasonable expectation that the individual's activity will increase to produce income equal to 6% of the equity value (for example, the medical prognosis is that the individual is expected to respond to treatment or drought resistance corn will be planted), the property is exempt.  If the individual owns more than one piece of property and each produces income, each is looked at to see if the 6% rule is met and then the amount of the individual's equity in all of those properties are totaled to see if the total equity is $6,000 or less.

 

4)         Automobile

 

A)        exclude one automobile, regardless of value, used by the client, spouse, or other dependent if:

 

i)          it is necessary for employment;

 

ii)         it is necessary for the medical treatment of a specific or regular medical problem;

 

iii)        it is modified for operation by or transportation of a handicapped person;

 

iv)        it is necessary because of factors such as climate, terrain or distance to provide necessary transportation to perform essential daily activities; or

 

v)         one vehicle for each spouse is exempt in determining the amount allowed as the Community Spouse Asset Allowance (as described at 89 Ill. Adm. Code 120.386).

 

B)        if not excluded in subsection (a)(4)(A), exclude one automobile to the extent the fair market value does not exceed $4,500.  Apply the excess fair market value toward the asset disregard (see Section 113.142). The Department will determine fair market value in accordance with 89 Ill. Adm. Code 121.57(b)(2)(D)(iv).

 

C)        for all other automobiles, apply the equity value (fair market value minus any encumbrance) toward the asset disregard (see Section 113.142).

 

5)         Life insurance policies with a total face value of $1,500 or less and all term life insurance policies.  If total face value exceeds $1,500, the cash surrender value must be counted as a resource.

 

b)         Burial spaces and funds are exempt as follows:

 

1)         Burial spaces that are intended for the use of the individual, their spouse, or any other member of their immediate family. Immediate family is defined as an individual's minor and adult children, including adopted children and step-children, an individual's brothers, sisters, parents, adoptive parents, and the spouses of these individuals.

 

2)         Funds set aside for the burial expenses of the individual and their spouse, subject to a limit of $1,500 each.  This limit will be reduced by the face value of any excluded life insurance policy and the amount of any funds held in an irrevocable trust or other irrevocable arrangement that are available for burial expenses.

 

3)         Interest earned on excluded burial funds and appreciation in the value of excluded burial arrangements that occurred the earlier of the date of first SSI eligibility or the date of AABD eligibility, but no earlier than November 1, 1982 (see 20 CFR 416.1231(b)(5) (2009)).

 

4)         Funds specifically and irrevocably set aside for the professional funeral services and burial expenses of the individual and their spouse, subject to a limit of $7,981 each, including prepaid funeral and burial plans. This amount will be adjusted annually for any increase in the Consumer Price Index for All Urban Consumers (CPI-U).

 

c)         Assets necessary for fulfillment of an approved plan for achieving self support.

 

d)         Trust funds are exempt as follows:

 

1)         The principal of a trust fund only when the instrument establishing the trust specifically states the principal cannot be impaired.

 

2)         The principal of a trust fund established under the Self Sufficiency Trust Fund Program [20 ILCS 1705/21.1].

 

e)         Assets excluded by express provision of 20 CFR 416.1236 (2009).

 

f)         Donations or benefits from fund raisers held for a seriously ill client provided the client or a responsible relative of the client does not have control (for example, not available to the client or the responsible relative) over the donations or benefits or the disbursement of donations or benefits.

 

g)         Payments made to veterans who receive an annual disability payment or to the survivors of deceased veterans who receive a one-time lump sum payment from the Agent Orange Settlement Fund or any other fund referencing Agent Orange product liability under P.L. 101-201.

 

h)         Money received from the Social Security Administration under a Plan to Achieve Self-Support (PASS) and held in a separate account.

 

i)          Disaster relief payments provided by federal, State or local government or a disaster assistance organization.

 

j)          The amount of earned income tax credit that the client receives as advance payment or as a refund of federal income tax.

 

k)         The Economic Recovery Payment to recipients of Social Security, Supplemental Security Income (SSI), Railroad Retirement Benefits, and Veterans Disability Compensation or Pension Benefits authorized under section 2201 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. 6428 note).

 

l)          Payments to eligible persons who served in the United States Armed Forces in the Far East during World War II authorized under section 1002 of the American Recovery and Reinvestment Act of 2009 (38 U.S.C. 107 note).

 

m)        Achieving a Better Life Experience (ABLE) account balance and earnings.

 

(Source:  Amended at 48 Ill. Reg. 14027, effective September 6, 2024)

 

Section 113.142  Asset Disregard

 

In addition to the exempt assets listed in Section 113.141, the cash value of assets shall be disregarded as follows:

 

a)         $2,000.00 for a client and $3.000.00 for a client and one dependent residing together.

 

b)         $50.00 for each additional dependent residing in the same household.

 

c)         Eligibility for AABD does not exist when non-exempt assets exceed the above disregard.

 

(Source:  Amended at 13 Ill. Reg. 63, effective January 1, 1989)

 

Section 113.143  Deferral of Consideration of Assets

 

a)         If a client's non-exempt assets exceed the allowable disregards, consideration of the non-liquid assets shall be deferred if:

 

1)         Total non-exempt liquid assets do not exceed three times the Supplemental Security Income payment level (see 20 CFR Part 416, Subpart D, 1987); and

 

2)         The individual agrees in writing to:

 

A)        dispose of real property within six months of the written agreement,

 

B)        dispose of other property within three months of the agreement,

 

C)        reimburse the Department for assistance paid to or in behalf of the client while the asset was deferred.

 

b)         The six and three month time period for disposition may be extended an additional three months if the client fails to dispose of the asset, despite reasonable and diligent effort (e.g., advertising property for sale, completing necessary requests to facilitate liquidation of assets), because of circumstances beyond his/her control (e.g., third party delay).  If the client is unable to dispose of the property it shall be considered an available asset in accordance with Section 113.140.  The value considered shall be its current market value at the time of deferral unless verification of a lesser amount is provided (e.g., by persons knowledgeable regarding property value, such as bankers or realtors).

 

c)         Upon disposition of the asset the client will reimburse the Department as follows:

 

1)         consider the net proceeds

 

2)         deduct any amount necessary to raise the client resource level to the appropriate disregard at the time of deferral,

 

3)         the reimbursement is to be equal to the balance or the total assistance provided during the deferral period whichever is less.

 

d)         The net proceeds is the sale price less encumbrance and sale expenses, however if sold or otherwise transferred at less than the current market value consider the net proceeds as the current market value less sales cost and encumbrance.

 

e)         Non-liquid assets are property which is not in the form of cash and cannot be converted to cash within twenty (20) days.  (see 20 CFR 416.1201[c]).  Examples of assets that are usually non-liquid are personal property, licensed vehicles, unlicensed vehicles, buildings, land, and any other property.

 

(Source:  Amended at 12 Ill. Reg. 17849, effective October 25, 1988)

 

Section 113.154  Property Transfers For Applications Filed Prior To October 1, 1989 (Repealed)

 

(Source:  Repealed at 17 Ill. Reg. 2263, effective February 15, 1993)

 

Section 113.155  Property Transfers For Applications Filed On Or After October 1, 1989 (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 2875, effective February 24, 1995)

 

Section 113.156  Court Ordered Child Support Payments of Parent/Step-Parent

 

a)         Child support payments (actually made as required by a court order) shall be deducted from non-exempt income in determining eligibility and the level of assistance.

 

b)         Deductions for court ordered child support payments cannot exceed the total amount of budgeted net income.

 

(Source:  Added at 9 Ill. Reg. 11636, effective July 8, 1985)

 

Section 113.157  Responsibility of Sponsors of Non-citizens Entering the Country Prior to 8/22/96

 

a)         This Section, except as specified in Subsection (b) of this Section, applies to all non-citizens who entered the country prior to August 22, 1996, or who entered the country on or after that date but whose sponsor did not sign an Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA) (8 USCA 1183A).

 

b)         This Section applies to all non-citizens except the following:

 

1)         persons paroled under Section 212(d)(5) of the Immigration and Nationality Act (8 USCA 1182(d)(5)) (INA) for at least one year and who entered the United States before August 22, 1996;

 

2)         persons granted asylum by the U.S. Attorney General under Section 208 of the INA (8 USCA 1158);

 

3)         persons admitted as Cuban or Haitian entrants;

 

4)         persons admitted by application before April 1, 1980, under Section 203(a)(7) of the INA (8 USCA 1153(a)(7));

 

5)         persons admitted as refugees by application after March 31, 1980, under Section 207(c) of the INA (8 USCA 1157(c)(1));

 

6)         persons who became blind or disabled, as defined by the Social Security Administration in 20 CFR 416.901, after entering the United States;

 

7)         persons whose deportation is being withheld under Section 243(h) of the INA (8 USCA 1253(h)); and

 

8)         MANG applicants and recipients.

 

c)         Certain amounts of the income and assets of a sponsor and of a sponsor's spouse, if they live together, are deemed to be available unearned income and/or assets of the individual non-citizen applying for or receiving AABD MAG assistance if:

 

1)         the sponsor signed an Affidavit of Support or a similar agreement assuring that the non-citizen would not become a public charge;

 

2)         the non-citizen has been a resident of the United States for less than three years;

 

3)         the sponsor is not a recipient of TANF, SSI, or SSP; and

 

4)         the non-citizen is not a child or spouse of the sponsor.

 

d)         A sponsor is an individual, private organization or agency, or public organization or agency.

 

e)         The Department shall count the sponsor's spouse's income and assets even if the sponsor and spouse married after the agreement to support was signed.

 

f)         The sponsor, if found able to support the non-citizen wholly or partially, is liable for the needs of the individual non-citizen only.  The sponsor is not responsible for the needs of the spouse or child or children of the non-citizen if he or she did not sponsor them.

 

g)         If two or more non-citizens applying for assistance are sponsored by the same sponsor, the income of the sponsor is deemed available and is divided equally among the non-citizens.

 

h)         The Department shall determine the sponsor's liability to support the non-citizen as follows:

 

1)         Determination of Sponsor's Available Income.

 

A)        The Department shall disregard 20%, not to exceed $175, of the earned income of the sponsor or of the sponsor and sponsor's spouse if they live together. This includes net earnings from self-employment, allowing business expenses incurred in the production of self-employment income.

 

B)        The Department shall add the unearned income of the sponsor and spouse if they live together.

 

C)        If the sponsor's children are living with the sponsor, the Department shall deduct the income of the sponsor and the sponsor's spouse and family from 3 times the applicable TANF cash payment level.  The sponsor and other individuals living with the sponsor who are claimed as federal tax dependents are included.

 

D)        If the sponsor and the sponsor's spouse have no dependent children living with them, the Department shall deduct the income from the appropriate AABD Assistance Standard (see Section 113.245).

 

E)        The Department shall deduct from income:

 

i)          any amount paid to individuals outside the home whom the sponsor claims as federal tax dependents; and

 

ii)         any alimony or child support paid to individuals not living with the sponsor.

 

F)         Any remaining income is applied to the needs of the non-citizen.

 

2)         Determination of the Total Amount of Assets of the Sponsor and Sponsor's Spouse.

 

A)        The asset disregard for a sponsor of a non-citizen is $2,000; for a sponsor and spouse residing together, $3,000; and for a sponsor living with two or more dependent family members, $3,000 for the sponsor and one dependent plus $50 for each additional dependent.

 

B)        The same assets are exempt as for an AABD case (see Section 113.141).

 

(Source:  Amended at 23 Ill. Reg. 13852, effective November 19, 1999)

 

Section 113.158  Responsibility of Sponsors of Non-citizens Entering the Country On or After 8/22/96

 

a)         This Section applies to all non-citizens who entered the country on or after August 22, 1996, and whose sponsor signed an Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA) (8 USCA 1183A).

 

b)         This Section applies to all non-citizens except the following:

 

1)         persons granted asylum by the U.S. Attorney General under Section 208 of the INA (8 USCA 1158);

 

2)         persons admitted as Cuban or Haitian entrants;

 

3)         persons admitted as refugees by application after March 31, 1980, under Section 207 of the INA (8 USCA 1157); and

 

4)         persons whose deportation is being withheld under Section 243(h) of the INA (8 USCA 1253(h)).

 

c)         Certain amounts of the income and assets of a sponsor and of a sponsor's spouse, if they live together, are deemed to be available unearned income and/or assets of the individual non-citizen applying for or receiving AABD MAG assistance if:

 

1)         the sponsor signed an Affidavit of Support under Section 213A of the INA assuring that the non-citizen would not become a public charge;

 

2)         the sponsor is not a recipient of TANF, SSI or SSP; and

 

3)         the non-citizen is not a child or spouse of the sponsor.

 

d)         A sponsor is an individual, private organization or agency, or public organization or agency.

 

e)         The sponsor's income and assets will be counted even if the sponsor and spouse married after the agreement was signed.

 

f)         The sponsor, if found able to support the non-citizen wholly or partially, is liable for the needs of the individual non-citizen only.  The sponsor is not responsible for the needs of the spouse or child or children of the non-citizen if he or she did not sponsor them.

 

g)         If two or more non-citizens applying for assistance are sponsored by the same sponsor, the income of the sponsor is deemed available and is divided equally among the non-citizens.

 

h)         The sponsor's income and assets available to meet the needs of the non-citizen are determined in the following manner:

 

1)         Determination of Sponsor's Available Income

 

A)        The Department shall disregard 20 percent, not to exceed $175, of the earned income of the sponsor or of the sponsor and sponsor's spouse if they live together.  This includes net earnings from self-employment, allowing business expenses incurred in the production of self-employment income.

 

B)        The Department shall add the unearned income of the sponsor and spouse if they live together.

 

C)        The Department shall deduct the appropriate federal poverty level, as defined in 89 Ill. Adm. Code 112.155(b), for the size of the sponsor's family unit.  This includes the sponsor and other individuals living with the sponsor who are claimed as federal tax dependents.

 

D)        The Department shall deduct any amount paid to individuals outside the home whom the sponsor claims as federal tax dependents.

 

E)        If the sponsor and the sponsor's spouse have no dependent children living with them, the Department shall deduct the income from the appropriate AABD Assistance Standard (see Section 113.245).

 

F)         The Department shall subtract any alimony or child support paid to individuals not living with the sponsor.

 

2)         Any remaining income is applied to the needs of the non-citizen.

 

3)         Determination of Sponsor's Assets

            The asset disregard for a sponsor of a non-citizen is $2000.  The same assets are exempt as for an AABD case as provided in Section 113.141.

 

i)          If nonexempt assets of a sponsor of a non-citizen are more than the $2,000 disregard (for a sponsor and spouse residing together, $3,000; for a sponsor living with two or more dependent family members, $3,000 for the sponsor and one dependent plus $50 for each additional dependent), the amount over the disregard shall be considered as available to the non-citizen.

 

j)          The sponsor's income and assets shall be deemed available to meet the needs of the non-citizen until the non-citizen is naturalized or has worked 40 qualifying quarters of coverage as specified in Section 421 of the Personal Responsibility and Work Opportunities Reconciliation Act of 1996 (P.L. 104-193).

 

(Source:  Added at 23 Ill. Reg. 6052, effective May 4, 1999)

 

Section 113.160  Assignment of Medical Support Rights

 

a)         As a condition of eligibility for medical assistance under the AABD Program, each applicant or recipient by operation of State law, automatically assigns to the Department any rights to support which the applicant or recipient may have.  This assignment gives the Department the right to collect support money directly from the absent spouse in order to be reimbursed for assistance given to the applicant/recipient.

 

b)         As a condition of eligibility for medical assistance under the AABD Program each legally able applicant and recipient must cooperate (see 89 Ill. Adm. Code 120.320(b) with the Department in obtaining medical support or payments.  Note:  Cooperation in establishing paternity is not a requirement for medical assistance under the AABD Program.) ("Legally able" means the applicant/recipient has the legal authority to execute an assignment of medical support rights.)

 

c)         Failure or Refusal to Cooperate in Obtaining Medical Support or Payments

 

1)         If an applicant/recipient fails or refuses to cooperate with the Department in obtaining medical support or payments, he/she is ineligible for medical assistance and will be removed from the assistance unit for medical assistance.  (Non-cooperation is failure/refusal to comply with the requirements (except "paternity") of 89 Ill. Adm. Code 120.320(b)). However, the applicant/recipient remains eligible for AABD cash benefits.

 

2)         If the applicant/recipient fails/refuses to cooperate in obtaining medical support/payments (not applicable to "establishing paternity") or sign-up for no cost medical insurance, he/she is ineligible for medical assistance for as long as he/she continues to fail/refuse to cooperate. If the applicant/recipient later wishes to receive medical assistance, then he/she must cooperate by complying with the requirement (see 89 Ill. Adm. Code 120.320(b) that he/she previously failed/refused to meet.

 

3)         An applicant/recipient can appeal the Department's determination that he/she failed/refused to cooperate in obtaining medical support payments or that he/she failed/refused to sign-up for no cost medical insurance.  Such appeal shall be in accordance with 89 Ill. Adm. Code 14:  Subpart A.

 

d)         The Department will provide or continue to provide medical assistance to any applicant or recipient who would otherwise be eligible for medical assistance but for the refusal by a person legally able to cooperate in securing medical support.

 

(Source:  Amended at 31 Ill. Reg. 11306, effective July 19, 2007)

SUBPART D: PAYMENT AMOUNTS

 

Section 113.245  Payment Levels for AABD

 

a)         Payment Levels for AABD cases are determined by using individual allowances.

 

b)         Allowances which may be included for eligible cases are contained in Sections 113.246 to 113.264.

 

(Source:  Amended at 29 Ill. Reg. 648, effective December 16, 2004)

 

Section 113.246  Personal Allowance

 

The personal allowance is the sum of any combination of individual allowances for:

 

a)         Food.

 

b)         Clothing.

 

c)         Household Supplies.

 

d)         Personal Essentials.

 

(Source:  Former rule repealed, new rule adopted at 7 Ill. Reg. 907, effective January 11, 1983)

 

Section 113.247  Personal Allowance Amounts

 

The amount of the personal allowance, based on degree of activity, number eating together, and living arrangement, is as follows:

 

a)         For an active recipient:

 

PERSONS EATING TOGETHER		FOOD	CLOTHING	HOUSEHOLD SUPPLIES	PERSONAL ESSENTIALS
1		$38.68	$8.77	$2.56	$12.42
2		$35.47	$8.77	$2.04	$10.97
3 thru 7		$32.25	$8.77	$1.72	$10.97
8 or more		$31.70	$8.77	$1.47	$10.97

 

b)         For a bedfast recipient:

 

PERSONS EATING TOGETHER		FOOD	CLOTHING	HOUSEHOLD SUPPLIES	PERSONAL ESSENTIALS
1		$35.91	$4.24	$2.56	$5.40
2		$32.91	$4.24	$2.04	$4.79
3 thru 7		$29.91	$4.24	$1.72	$4.79
8 or more		$29.46	$4.24	$1.47	$4.79

 

c)         For a long term group care recipient, the personal allowance is $30.00.

 

d)         Food

 

1)         Therapeutic Diet Allowance

 

            A therapeutic diet allowance is allowed to supplement the regular food allowance when:

 

A)        The diet is prescribed by a physician; and

 

B)        The food allowance is insufficient to purchase the prescribed diet.

 

2)         Standard therapeutic diet allowances provided are:

 

TYPE OF DIET AMOUNT

 

A)        Ulcer (and other chronic $5.95 conditions requiring a bland low residue diet).

 

B)        Diabetic – less than 1700 $7.92 calories or more – adult.

 

C)        Diabetic – 1700 calories or $17.82 more – adults.

 

D)        Diabetic – all children.  $17.82

 

E)        High-protein, High caloric, $12.85 High-vitamin for recipients 13 years of age and over.

 

F)         High-protein, High caloric, $7.91 High-vitamin for children 9 through 12 years.

 

G)        High-protein, High-caloric, $9.02 High-vitamin for children 3 Through 5 years.

 

3)         In lieu of the food allowance, the following allowances are used in the specific situations indicated:

 

A)        An allowance for meals in restaurants shall be allowed when a client has no facilities for the preparation of food or is unable to cook, and has no one who will prepare meals.

 

B)        The maximum allowance for three meals per day, seven days per week in a restaurant is $102.63 monthly.

 

C)        When fewer than three meals per day are required to be taken in restaurants, the total food allowance is to be adjusted on the following percentage basis:

Breakfast 20%     Lunch 30%    Dinner 50%

 

4)         Room and Board

 

A)        An allowance for Room and Board is issued in lieu of food, shelter and household supply allowances when meals are provided by the landlord and prepared by someone other than the client.  The actual cost of Room and Board not to exceed a maximum allowance of $134.98 per month shall be provided in the following counties:

 

            Cook, Dupage, Kane, Lake

 

B)        The actual cost of Room and Board not to exceed a maximum allowance of $127.43 per month shall be provided in all other counties.

 

5)         Home Delivered Meals

            An allowance is to be provided for home delivered meals for clients who are confined to their homes because of illness or incapacity.  A separate food allowance is made for the meals not provided by the service. Allowances provided are reflected in Section 113.257.

 

e)         Clothing

 

1)         The clothing allowances covers the cost of replacing clothing items needed to protect health, maintain cleanliness and permit normal participation in community activities.

 

2)         The clothing allowance is increased by 20% for men requiring size 48 or larger, and women requiring size 46 (26˝) or larger.  A man's size 48 refers to a size 48 suit.  A women's size 46 (26˝) refers to a 46 blouse size or a 26˝ dress size.

 

f)         Household Supplies

 

1)         An allowance for household supplies covers the cost of cleaning supplies and the replacement of essential household items such as minimum laundry equipment, linens, dishes and cooking utensils.

 

2)         This allowance is not provided for clients in room and board arrangements.

 

g)         Personal Essentials

            An allowance for personal essentials covers needs of hair care, essential toilet items, minor first-aid supplies, an occasional newspaper, limited public transportation and phone calls.

 

(Source:  Amended at 24 Ill. Reg. 11622, effective July 18, 2000)

 

Section 113.248  Shelter

 

a)         Room and Board

            For a client who has room and board arrangements, the actual cost of room and board, not to exceed $134.98 per month is allowed in Cook, Lake, DuPage, or Kane counties.  Clients living in other counties are allowed the actual cost of room and board, not to exceed $127.43 per month.

 

b)         Rent

            The maximum rental allowance, exclusive of utilities, heat, water and furnishings, is the actual cost of rent, not to exceed $97.00.  When a client shares a living arrangement, the amount budgeted as rent is determined on an equal share basis among all the members of the shared household. The shelter maximum applies to the household, not to the shares of the individual household members.

 

c)         Property Expense, Taxes and Insurance

            For clients living in homestead property, the actual cost, not to exceed $97.00, of property expenses shall be allowed in lieu of rent.  Annual expenses (taxes, insurance) prorated on a monthly basis determine the expense.

 

(Source:  Amended at 19 Ill. Reg. 1052, effective January 26, 1995)

 

Section 113.249  Utilities and Heating Fuel

 

Allowances for utilities and heating fuel are based on the number of persons included in the household.  The total allowance is prorated among the number of persons in the household.  The allowances are established by county as indicated in Section 113.259.

 

a)         Water

            Normal sewage charges are included in the allowance for water.

 

b)         Sewer

            If, because of sewer taxes, the standard water allowance does not cover the minimum charges for water and sewer, an allowance is to be made to provide for the difference between the standard water allowance and the minimum combined water and sewer charge.

 

c)         Electricity

            The allowance for electricity includes the cost of all lighting, refrigeration and limited use of small appliances.

 

d)         Cooking Fuel

            The allowance for cooking fuel includes the cost of water heating and cooking regardless of the type of fuel or type of cooking device used.

 

e)         Heating Fuels

            An allowance is included for fuel to heat the client's place of residence.

            When electricity is used for heat, the allowance for the most expensive heating fuel used in the region is to be allowed.

 

f)         Garbage Disposal or Trash Removal

            The cost of garbage pick-up at the minimum community rate.

 

(Source:  Former rule repealed, new rule adopted at 7 Ill. Reg. 907, effective January 11, 1983)

 

Section 113.250  Laundry

 

a)         A laundry allowance shall be provided when:

 

1)         neither the client nor any member of the household is physically able to do the laundry, no relative is available and housekeeping services are not provided; or

 

2)         there are no facilities for washing or drying in the home; or

 

3)         a recipient in the home is incontinent or bedfast.

 

b)         When laundry is done collectively, the allowance shall be the recipient's equal share of the standard allowance based on the total number of persons in the sharing unit.   In husband and wife households, the laundry allowance shall be computed on a share basis.

 

c)         When the client's laundry is done on an individual basis by the client, the allowance shall be based on a single person household.  (This includes multi-person households.)

 

d)         Laundry allowances are:

 

Number in Household		Amount
1		$	3.18
2		$	3.18
3		$	4.20
4		$	5.34
5		$	6.44
6		$	7.58
7		$	8.74
8		$	9.80
9		$	10.95
10		$	11.91

 

(Source:  Former rule repealed, new rule adopted at 7 Ill. Reg. 907, effective January 11, 1983)

 

Section 113.251  Telephone

 

a)         The monthly cost of a telephone is allowed at the minimum community rate when the client has no access to a telephone and the service is essential because of:

 

1)         illness,

 

2)         employment, or

 

3)         residence in an isolated area.

 

b)         No allowance is made for security deposits or past due bills.

 

c)         For installation charges, see 89 Ill. Adm. Code 116.520.

 

(Source:  Amended at 15 Ill. Reg. 277, effective January 1, 1991)

 

Section 113.252  Transportation, Lunches, Special Fees

 

a)         Only children in regular attendance in school, college or unpaid vocational training qualify for this payment.

 

b)         An amount shall be allowed for the cost of items required by the school, such as fees or material for special classes or projects.  Cost of transportation as required, not to exceed 19 cents a mile, shall be allowed when the child lives one and one-half miles or more from school and there is no free school transportation. Cost of transportation for a lesser distance must be on the basis of a physician's recommendation.

 

(Source:  Former rule repealed, new rule adopted at 7 Ill. Reg. 907, effective January 11, 1983)

 

Section 113.253  Allowances for Increase in SSI Benefits

 

a)         A monthly allowance for $764.90 is authorized for all AABD cases as a "grant adjustment".  A grant adjustment is an allowance that ensures that the amount of the SSI increase from July 1977 and later will be available to clients.

 

b)         EXCEPTIONS:  For clients whose assistance payments include an allowance for Sheltered Care or Care Not Subject to Licensing a "grant adjustment" of $10 is authorized.  Individuals residing in long term group care facilities do not receive any "grant adjustment".

 

(Source:  Amended at 48 Ill. Reg. 10618, effective July 3, 2024)

 

Section 113.254  Nursing Care or Personal Care in Home Not Subject to Licensing

 

a)         Homes not subject to licensing are homes providing intermediate or sheltered care (i.e., maintenance and personal care such as dressing, bathing, etc.)  Factors considered when approving the home include: experience of the person providing the care, evaluator's perception of the quality of the care, evaluator's perception of the quality of the care, a physical description of the building (including exits and fire extinguishers) and the services provided to patients i.e., persons available to assist in emergency, and hours and adequacy of meals.

 

b)         An allowance, not to exceed the rate for comparable care in a licensed group care facility, is to be allowed for a client receiving nursing care or personal care in an approved home not subject to licensing.

 

c)         Payment for care provided for a parent, or spouse of client in a home not subject to licensure can not be approved.

 

(Source:  Former rule repealed, new rule adopted at 7 Ill. Reg. 907, effective January 11, 1983)

 

Section 113.255  Sheltered Care/Personal or Nursing Care in a Licensed Group Care Facility

 

a)         An allowance, based on the rate determined in accordance with the Department Rate Schedule for the specific county grouping, shall be provided for a client receiving sheltered care/personal or nursing care in a licensed group care facility.  The rate schedules are indicated in Section 113.260.

 

b)         A deduction from the client's income is allowed to meet the needs of a dependent spouse and/or children under age 21 who do not have enough income to meet their needs and whose assets do not exceed the asset limit.  To determine needs and asset limits:

 

1)         for spouse only, use the AABD MAG income standard and MAG asset disregard

 

2)         for spouse and/or dependent child(ren), use AFDC MAG payment level and MAG asset disregard.

 

(Source:  Amended at 24 Ill. Reg. 13394, effective August 18, 2000)

 

Section 113.256  Shopping Allowance

 

The Department shall provide an allowance for shopping service in an amount not to exceed $5.00 when the client is unable to shop and there is no one available to do it without charge.

 

(Source:  Former rule repealed, new rule adopted at 7 Ill. Reg. 907, effective January 11, 1983)

 

Section 113.257  Special Allowances for Blind and Partially Sighted (Blind Only)

 

Payment shall be made for reading or guide service for recreation ($1.05 per month); repair of braille writers, radios or typewriter (most economical rate); and allowance for attendence at the Illinois Visually Handicapped Institute.  ($21.00 per month for additional clothing and personal essentials for months the client is in attendance).

 

(Source:  Amended at 26 Ill. Reg. 13521, effective September 3, 2002)

 

Section 113.258  Home Delivered Meals

 

TOTAL MONTHLY FOOD ALLOWANCE					AMOUNT ALLOWED FOR DELIVERED MEALS						ALLOWANCE FROM OTHER MEALS
N	1	$	61.52		1	Meal (Dinner)					1	$	24.86
U	2	$	59.46		5	Days Per Week		$	36.66		2	$	22.81
M	1	$	70.67		1	Meal (Dinner)					1	$	19.33
B	2	$	69.06		7	Days Per Week		$	51.33		2	$	17.72
E	1	$	52.38		1	Meal (Lunch)					1	$	30.39
R	2	$	49.86		5	Days Per Week		$	22.00		2	$	27.87
E	1	$	57.89		1	Meal (Lunch)					1	$	27.08
A	2	$	55.64		7	Days Per Week		$	30.81		2	$	24.83
T	1	$	53.30		2	Meals (Lunch-Dinner)					1	$	29.83
I	2	$	50.84		2	Days Per Week		$	23.47		2	$	27.37
N	1	$	75.22		2	Meals (Lunch-Dinner)					1	$	16.57
G	2	$	73.86		5	Days Per Week		$	58.65		2	$	15.20
T	1	$	89.84		2	Meals (Lunch-Dinner)					1	$	7.73
O	2	$	89.21		7	Days Per Week		$	82.11		2	$	7.10
G	1	$	84.36		3	Meals					1	$	11.06
E	2	$	83.43		5	Days Per Week		$	73.30		2	$	10.12
T	1	$	102.63		3	Meals (Dinner)					1	$	------
H	2	$	102.63		7	Days Per Week		$	102.63		2	$	------
E
R			TOTAL

 

The amount in the left hand column, represents the total monthly food allowance for one person eating alone or more than one person for all the different combinations of home-delivered/other meals.  The middle column represents the portion of the total amount for home-delivered meals.  The right hand column represents the portion of the total amount for other than home-delivered meals.

 

(Source:  Former rule repealed, new rule adopted at 7 Ill. Reg. 907, effective January 11, 1983)

 

Section 113.259  AABD Fuel and Utility Allowances by Area

 

AREA 1 –
TYPE OF UTL.	Water			Electricity	Cooking Fuel	Coal	Fuel Oil	Metered Gas	Bottled Gas
NUMBER IN HOUSEHOLD
1		3.80		5.55	3.00	23.35	16.55	11.90	17.45
2		3.80		5.80	3.50	23.85	17.45	13.20	19.10
3-4		4.45		6.25	4.05	24.20	17.80	14.50	19.10
5-6		5.10		6.70	4.40	24.20	19.10	15.75	20.85
7-8		5.70		7.10	5.10	25.10	19.10	16.15	22.45
9-10		6.40		7.50	5.80	25.10	19.10	16.85	22.45
11-12		7.00		7.90	6.50	25.10	19.10	16.15	22.45
13-14		7.65		8.30	7.25	25.10	19.10	16.15	22.45
15-16		8.30		8.65	7.90	25.10	19.10	16.15	22.45
17-18		8.90		9.05	8.60	25.10	19.10	16.15	22.45
19+		9.55		9.45	9.30	25.10	19.10	16.15	22.45

 

AREA 2 –
TYPE OF UTL.	Water			Electricity	Cooking Fuel	Coal	Fuel Oil	Metered Gas	Bottled Gas
NUMBER IN HOUSEHOLD
1		3.80		6.80	3.25	20.35	16.55	10.20	17.45
2		3.80		7.35	4.65	21.70	17.45	11.40	19.10
3-4		4.45		7.65	6.40	21.70	17.80	11.90	19.10
5-6		5.10		8.30	7.10	24.20	19.10	13.20	20.85
7-8		5.70		8.65	7.90	25.10	19.10	14.00	22.45
9-10		6.40		9.05	8.65	25.10	19.10	14.00	22.45
11-12		7.00		9.45	9.45	25.10	19.10	14.00	22.45
13-14		7.65		9.80	10.20	25.10	19.10	14.00	22.45
15-16		8.30		10.20	10.95	25.10	19.10	14.00	22.45
17-18		8.90		10.60	11.75	25.10	19.10	14.00	22.45
19+		9.55		10.95	12.45	25.10	19.10	14.00	22.45

 

AREA 3  –
TYPE OF UTL.	Water			Electricity	Cooking Fuel	Coal	Fuel Oil	Metered Gas	Bottled Gas
NUMBER IN HOUSEHOLD
1		3.80		6.80	3.25	15.75	16.55	10.20	17.45
2		3.80		7.35	4.65	15.75	17.45	11.45	19.10
3-4		4.45		7.65	6.40	17.80	17.80	11.90	19.10
5-6		5.10		8.30	7.10	19.48	19.10	13.20	20.85
7-8		5.70		8.65	7.90	19.48	19.10	14.00	22.45
9-10		6.40		9.05	8.65	19.48	19.10	14.00	22.45
11-12		7.00		9.45	9.45	19.48	19.10	14.00	22.45
13-14		7.65		9.80	10.20	19.48	19.10	14.00	22.45
15-16		8.30		10.20	10.95	19.48	19.10	14.00	22.45
17-18		8.90		10.60	11.75	19.48	19.10	14.00	22.45
19+		9.55		10.95	12.45	19.48	19.10	14.00	22.45

 

AREA 4  –
TYPE OF UTL.	Water			Electricity	Cooking Fuel	Coal	Fuel Oil	Metered Gas	Bottled Gas
NUMBER IN HOUSEHOLD
1		3.80		6.80	3.25	13.60	16.55	10.20	17.45
2		3.80		7.35	4.65	13.60	17.45	11.45	19.10
3-4		4.45		7.65	6.40	13.60	17.80	11.90	19.10
5-6		5.10		8.30	7.10	14.00	19.10	13.20	20.85
7-8		5.70		8.65	7.90	14.00	19.10	14.00	22.45
9-10		6.40		9.05	8.65	14.00	19.10	14.00	22.45
11-12		7.00		9.45	9.45	14.00	19.10	14.00	22.45
13-14		7.65		9.80	10.20	14.00	19.10	14.00	22.45
15-16		8.30		10.20	10.95	14.00	19.10	14.00	22.45
17-18		8.90		10.60	11.75	14.00	19.10	14.00	22.45
19+		9.55		10.95	12.45	14.00	19.10	14.00	22.45

 

AREA 5  –
TYPE OF UTL.	Water			Electricity	Cooking Fuel	Coal	Fuel Oil	Metered Gas	Bottled Gas
NUMBER IN HOUSEHOLD
1		3.80		6.80	3.25	15.30	16.55	10.20	17.45
2		3.80		7.35	4.65	15.30	17.45	11.45	19.10
3-4		4.45		7.65	6.40	15.75	17.80	11.90	19.10
5-6		5.10		8.30	7.10	16.55	19.10	13.20	20.85
7-8		5.70		8.65	7.90	17.80	19.10	14.00	22.45
9-10		6.40		9.05	8.65	17.80	19.10	14.00	22.45
11-12		7.00		9.45	9.45	17.80	19.10	14.00	22.45
13-14		7.65		9.80	10.20	17.80	19.10	14.00	22.45
15-16		8.30		10.20	10.95	17.80	19.10	14.00	22.45
17-18		8.90		10.60	11.75	17.80	19.10	14.00	22.45
19+		9.55		10.95	12.45	17.80	19.10	14.00	22.45

 

AREA 6 –
TYPE OF UTL.	Water			Electricity	Cooking Fuel	Coal	Fuel Oil	Metered Gas	Bottled Gas
NUMBER IN HOUSEHOLD
1		5.10		5.55	3.25	11.10	16.55	10.20	17.45
2		5.10		5.80	4.65	11.45	17.45	11.45	19.10
3-4		5.70		6.25	6.40	12.35	17.80	11.90	19.10
5-6		7.00		6.70	7.10	12.35	19.10	13.20	20.85
7-8		7.65		7.10	7.90	12.75	19.10	14.00	22.45
9-10		8.30		7.50	8.65	12.75	19.10	14.00	22.45
11-12		8.90		7.90	9.45	12.75	19.10	14.00	22.45
13-14		9.55		8.30	10.20	12.75	19.10	14.00	22.45
15-16		10.20		8.65	10.95	12.75	19.10	14.00	22.45
17-18		10.80		9.05	11.75	12.75	19.10	14.00	22.45
19+		11.45		9.45	12.45	12.75	19.10	14.00	22.45

 

AREA 7 –
TYPE OF UTL.	Water			Electricity	Cooking Fuel	Coal	Fuel Oil	Metered Gas	Bottled Gas
NUMBER IN HOUSEHOLD
1		5.10		6.80	3.25	11.10	16.55	10.20	17.45
2		5.10		7.35	4.65	11.45	17.45	11.45	19.10
3-4		5.70		7.65	6.40	12.35	17.80	11.90	19.10
5-6		7.00		8.30	7.10	12.75	19.10	13.20	20.85
7-8		7.65		8.65	7.90	12.75	19.10	14.00	22.45
9-10		8.30		9.05	8.65	12.75	19.10	14.00	22.45
11-12		8.90		9.45	9.45	12.75	19.10	14.00	22.45
13-14		9.55		9.80	10.20	12.75	19.10	14.00	22.45
15-16		10.20		10.20	10.95	12.75	19.10	14.00	22.45
17-18		10.80		10.60	11.75	12.75	19.10	14.00	22.45
19+		11.45		10.95	12.45	12.75	19.10	14.00	22.45

 

AREA 8 –
TYPE OF UTL.	Water			Electricity	Cooking Fuel	Coal	Fuel Oil	Metered Gas	Bottled Gas
NUMBER IN HOUSEHOLD
1		5.10		6.80	3.25	8.90	16.55	10.20	17.45
2		5.10		7.35	4.65	8.90	17.45	11.45	19.10
3-4		5.70		7.65	6.40	9.35	17.80	11.90	19.10
5-6		7.00		8.30	7.10	9.35	19.10	13.20	20.85
7-8		7.65		8.65	7.90	9.75	19.10	14.00	22.45
9-10		8.30		9.05	8.65	9.75	19.10	14.00	22.45
11-12		8.90		9.45	9.45	9.75	19.10	14.00	22.45
13-14		9.55		9.80	10.20	9.75	19.10	14.00	22.45
15-16		10.20		10.20	10.95	9.75	19.10	14.00	22.45
17-18		10.80		10.60	11.75	9.75	19.10	14.00	22.45
19+		11.45		10.95	12.45	9.75	19.10	14.00	22.45

 

Area 1

Cook

 

(Source:  Former rule repealed, new rule adopted at 7 Ill. Reg. 907, effective 11, 1983)

 

Section 113.260  Sheltered Care, Personal Care, or Nursing Care Rates

 

Group A Counties	Needs Assessment	Group B Counties
$1577	0-7	$1594
$1584	8	$1601
$1591	9	$1609
$1597	10	$1618
$1605	11	$1626
$1610	12	$1633
$1618	13	$1642
$1623	14	$1649
$1631	15	$1657
$1637	16	$1666
$1644	17	$1673
$1650	18	$1682
$1657	19	$1689
$1654	20	$1697
$1671	21	$1706
$1677	22	$1714
$1684	23	$1721
$1690	24	$1729

 

a)         Group A Counties are counties other than Cook, DuPage, Kane, Lake, and Will.

 

b)         Group B Counties are Cook, DuPage, Kane, Lake, and Will.

 

c)         Rate includes shelter factor and approved activity and social rehabilitation programs.

 

(Source:  Amended at 48 Ill. Reg. 10618, effective July 3, 2024)

 

Section 113.261  Cases in Licensed Intermediate Care Facilities, Licensed Skilled Nursing Facilities, DMHDD Facilities and All Other Licensed Medical Facilities

 

The following policy applies to cases in Licensed Intermediate Care Facilities, Licensed Skilled Nursing Facilities, DMHDD Facilities and all other Licensed Medical Facilities (see 89 Ill. Adm. Code 140.642).

 

a)         A grant shall be permitted for up to six months to maintain a residence in the community when:

 

1)         the individual does not have a spouse and/or dependent children in the home; and

 

2)         a physician has certified that the stay in the facility is temporary and the individual is expected to return home within six months.

 

b)         To determine the amount of the grant include:

 

1)         $30.00 for personal allowance (see Section 113.247);

 

2)         rent or property expense that would be allowed in the AABD MAG standard if the individual was at home (see Section 113.248);

 

3)         utility expenses that would be allowed in the AABD MAG standard if the individual was at home (see Section 113.249); and

 

4)         the "grant adjustment" allowance (see Section 113.253).

 

(Source:  Amended at 15 Ill. Reg. 11142, effective July 22, 1991)

 

Section 113.262  Meeting the Needs of an Ineligible Dependent with Client's Income

 

a)         The client's non-SSI income may be diverted to meet the needs of an ineligible dependent who has insufficient income to meet his or her own needs.

 

b)         The non-SSI income is diverted in an amount equal to the total amount of needs of the ineligible dependent or dependents less the income of the dependent or dependents.  The amount of diverted income shall not exceed the total of the client's non-SSI budgetable income.

 

1)         If the ineligible dependent is a spouse only, the AABD financial assistance standard shall be used to determine the dependent's needs.  A grant adjustment allowance shall not be included.

 

2)         If the ineligible dependent or dependents is a child or children or a spouse and a child or children, the AFDC Payment Level shall be used to determine the dependent's needs.

 

(Source:  Added at 20 Ill. Reg. 858, effective December 29, 1995)

 

Section 113.263  Service Animals

 

An allowance for food for a trained service animal ($13.07) shall be provided when the animal is needed to assist with activities of daily living and to maintain independent functioning in the community.

 

(Source:  Added at 26 Ill. Reg. 13521, effective September 3, 2002)

 

Section 113.264  Refugees Ineligible for SSI

 

a)         An allowance of 90% of the current maximum SSI payment amount per month is authorized to be provided to persons who are ineligible for SSI due to the expiration of the period of eligibility for certain noncitizens pursuant to 8 USC 1612(a)(2)(A).

 

b)         This group includes noncitizens who entered the U.S. under one of the following immigrant classifications:

 

1)         Refugee admitted under section 207 of the Immigration and Nationality Act (8 USC 1157);

 

2)         Asylee admitted under section 208 of the Immigration and Nationality Act (8 USC 1158);

 

3)         Cuban/Haitian immigrant admitted under section 501(e) of the Refugee Education Assistance Act of 1980 (PL 96-422);

 

4)         Amerasian immigrant admitted under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (Act) (as contained in section 101(e) of PL 100-202, as amended by PL 100-461);

 

5)         Deportation withheld under section 243(h) or section 241(b)(3) of the Immigration and Nationality Act (8 USC 1253); and

 

6)         Victims of trafficking, or the minor child, spouse, parent or sibling of the trafficking victim, who have been certified by or whose status has been verified by the federal Office of Refugee Resettlement (ORR).

 

c)         No other allowances will be authorized.

 

(Source:  Amended at 38 Ill. Reg. 22654, effective November 20, 2014)

SUBPART E: OTHER PROVISIONS

 

Section 113.300  Persons Who May Be Included In the Assistance Unit

 

The eligible person only shall be included in the assistance unit.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

 

Section 113.301  Grandfathered Cases

 

If a client was a recipient of chore and housekeeping services under the AABD program in December, 1973 and has had a continuous need for such services since that time, the individual is eligible for chore and housekeeping services whether or not the client is financially eligible for or receives SSI or SSP.  These persons must continue to meet non-financial requirements of the AABD program, and satisfy the specific criteria of need for chore and housekeeping services in accordance with an approved service plan.

 

(Source:  Added (by codification with no substantive change) at 7 Ill. Reg. 5202)

 

Section 113.302  Interim Assistance (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 3468, effective February 20, 1992)

 

Section 113.303  Special Needs Authorizations

 

If the AABD unit is determined eligible (or presumptively eligible) for an assistance payment, additional payment(s) will be authorized upon request of the client and verification of provision of the service in the following circumstances:

 

a)         Correction of an underpayment.

 

b)         Repair of a braille writer, radio or typewriter at the most reasonable rate.

 

c)         Relative Providing Care in the Home

 

            This is limited to assistance units authorized for this need prior to July 1, 1983.  New approvals of this item cannot be authorized on or after July 1, 1983.

 

(Source:  Amended at 15 Ill. Reg. 277, effective January 1, 1991)

 

Section 113.304  Budgeting

 

a)         All AABD recipients shall have income budgeted on a prospective basis.

 

b)         The payment month is the calendar month that the assistance grant covers.

 

(Source:  Amended at 26 Ill. Reg. 179, effective January 1, 2002)

 

Section 113.305  Budgeting Schedule

 

The payment month is determined on a calendar basis for all AABD cases.  The payment month is the calendar month in which the assistance unit receives the assistance grant.

 

(Source:  Amended at 26 Ill. Reg. 179, effective January 1, 2002)

 

Section 113.306  Purchase and Repair of Household Furniture (Repealed)

 

(Source:  Repealed at 15 Ill. Reg. 16709, effective November 1, 1991)

 

Section 113.307  Property Repairs and Maintenance

 

Payment for the cost of repair or maintenance of homestead property shall be allowed up to $500 in a 12 month period when:

 

a)         It is needed to keep the property habitable or safeguard the health and safety of the recipient.  (This determination is made by the city or county's housing or health department, as appropriate);

 

b)         the recipient has sufficient equity in the property to warrant the expenditure (i.e., the recipient must have at least $501 in equity in the property);

 

c)         family members are unable to do the work (i.e., based on representations by family members and information contained in the recipient's case record).

 

(Source:  Amended at 9 Ill. Reg. 15896, effective October 4, 1985)

 

Section 113.308  Excess Shelter Allowance

 

a)         Excess Shelter Allowance Payment for shelter expenses in excess of the Department's maximum allowance (see Section 113.248) shall be paid directly to the recipient, only upon receipt of prior approval from the Department which will be granted in the following situations:

 

1)         the recipient suffers from a specific infirmity which inhibits independent mobility such as blindness, is confined to a wheelchair or is otherwise unable to negotiate stairs (as documented by the recipient's medical information in the case record); and

 

2)         suitable housing necessitated by subsection 113.308(a)(1) is only available at an expense in excess of the maximum allowance.

 

b)         The recipient shall continue to be eligible for the Excess Shelter Allowance payment only as long as:

 

1)         the recipient has unmet needs (as determined by Department policy found at 89 Ill. Adm. Code 113:  Subpart B and C) in addition to the amount of excess shelter expenses; and

 

2)         the recipient resides in the shelter arrangement originally approved under subsection (a) above.

 

(Source:  Added at 9 Ill. Reg. 5335, effective April 5, 1985)

 

Section 113.309  Limitation on Amount of AABD Assistance to Recipients from Other States (Repealed)

 

(Source:  Repealed  at 23 Ill. Reg. 1607, effective January 20, 1999)

 

Section 113.320  Redetermination of Eligibility

 

a)         AABD (Non-Group Care)

            It is the Department's responsibility to determine the continued eligibility of all recipients of assistance and it is the recipient's responsibility to cooperate in the redetermination of eligibility.  A redetermination of eligibility shall be conducted every 12 months.

 

b)         AABD (Group Care)

 

1)         If receipt of a lump-sum payment is reported, a redetermination is to be completed within 30 days.

 

2)         For recipients in group care and shelter care facilities, a redetermination of continued eligibility is to include a review of each recipient's personal allowance funds and room and board accounts.

 

(Source:  Amended at 22 Ill. Reg. 18931, effective October 1, 1998)

 

Section 113.330  Attorney's Fees for VA Appellants (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 15034, effective October 17, 1995)

SUBPART F: INTERIM ASSISTANCE

 

Section 113.400  Description of the Interim Assistance Program

 

a)         The Interim Assistance program provides − financial and medical assistance to individuals while an application for Supplemental Security Income (SSI) is pending if the Department determines that the individual will more likely than not be eligible for SSI.

 

b)         The Interim Assistance program is repealed effective September 1, 1995. Applications for financial assistance filed on or after July 1, 1995, shall not be considered under the Interim Assistance program.

 

(Source:  Amended at 19 Ill. Reg. 15034, effective October 17, 1995)

 

Section 113.405  Pending SSI Application (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 15034, effective October 17, 1995)

 

Section 113.410  More Likely Than Not Eligible for SSI (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 15034, effective October 17, 1995)

 

Section 113.415  Non-Financial Factors of Eligibility (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 15034, effective October 17, 1995)

 

Section 113.420  Financial Factors of Eligibility (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 15034, effective October 17, 1995)

 

Section 113.425  Payment Levels for Chicago Interim Assistance Cases (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 15034, effective October 17, 1995)

 

Section 113.430  Payment Levels for All Interim Assistance Cases Outside Chicago (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 15034, effective October 17, 1995)

 

Section 113.435  Medical Eligibility (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 15034, effective October 17, 1995)

 

Section 113.440  Attorney's Fees for SSI Applicants (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 15034, effective October 17, 1995)

 

Section 113.445  Advocacy Program for Persons Receiving Interim Assistance (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 15034, effective October 17, 1995)

 

Section 113.450  Limitation on Amount of Interim Assistance to Recipients from Other States (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 15034, effective October 17, 1995)

 

Section 113.500  Attorney's Fees for SSI Appellants (Renumbered)

 

(Source:  Renumbered to Section 113.440; and amended at 16 Ill. Reg. 3468, effective February 20, 1992)