Section 117.1  Incorporation By Reference

 

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

 

(Source:  Added at 13 Ill. Reg. 3936, effective March 10, 1989)

 

Section 117.10  Payee For Financial Assistance

 

a)         The assistance grant shall be paid to an individual designated as the payee on the warrant or the individual authorized to use the Electronic Benefits Transfer (EBT) card or, for direct deposit accounts, the person in whose name the bank account is established.

 

b)         The individual receiving assistance shall be designated as the payee with the following exceptions:

 

1)         When a client has a judicially-appointed conservator or guardian, payment shall be made to the conservator or guardian unless other arrangements are made with the Department by the conservator or guardian.

 

2)         In a situation where no specified relative is available to act as payee, another person may act as Temporary Grantee for a period not to exceed 90 days.

 

3)         When a minor parent and his or her dependent child are required to live with the minor parent's parent, legal guardian, or other adult relative, or in an adult-supervised supportive living arrangement, then, where possible, the TANF cash benefit amount will be paid to the adult who is responsible for supervising the minor parent.  Otherwise, the minor parent will receive the TANF cash benefit amount.

 

4)         For AABD clients under the age of 18, the client will not be the payee unless the client lives independently, is capable of managing his or her own affairs, does not have a guardian, and is approved for direct payment by the local office administrator.  In all other situations, a representative payee must be assigned.

 

5)         For AABD clients age 18 and over, unless the client has a legally-appointed guardian or the client is determined to be physically or mentally unable to manage the grant, the client will be the payee or the client may choose to have a representative payee.  If the client has a legally-appointed guardian, the legally-appointed guardian will be assigned as the payee.  If the client is physically or mentally unable to manage the grant, a representative payee must be assigned.

 

6)         A Protective Payment Plan (PPP) is initiated by the Department when a client has demonstrated mismanagement of funds to the detriment of the welfare of the client or family. Examples include but are not limited to:

 

A)        A client defaults on an agreement made with a utility company and the Department in the client's behalf.  In this instance, when the protective payee receives the assistance payment, payment on current and back utility charges only shall be paid by the payee; the balance of the payment shall be forwarded to the client each month.

 

B)        For TANF only – When a child in the assistance unit is determined to be neglected by the Department of Children and Family Services under Section 3 of the Abused and Neglected Child Reporting Act [325 ILCS 5/3] and 89 Ill. Adm. Code 300.Appendix B.

 

C)        For TANF only – The case involves a record establishing that a parent or relative has been found guilty of public assistance fraud under Article VIIIA of the Illinois Public Aid Code [305 ILCS 5/Art. VIIIA].

 

D)        Nonpayment of rent for two months shall be considered as evidence of grant mismanagement.

 

E)        Substance abuse by the caretaker relative is identified and another family member or friend is ensuring that the family's needs are being met.

 

F)         For TANF only – the health and well-being of a child in the assistance unit is at risk, as indicated by lack of regular school attendance, as defined by the school.

 

G)        Repeated loss of both the EBT card and Personal Identification Number (PIN) is a basis for a determination of client mismanagement and authorization of a PPP.

 

c)         Notice shall be sent to the client before a PPP is initiated.  The notice shall inform the client of the right to appeal inclusion in a PPP.  (See 89 Ill. Adm. Code 14.)

 

d)         The protective payee shall not receive compensation for the protective payee duties and must agree to assume responsibility for the expenditure of the assistance payment in behalf of the client.

 

e)         The client's landlord or a vendor of goods or services to the client, with the exception of private welfare and social service agencies, shall not be designated as protective payee.

 

f)         The Department may designate private welfare or social service agencies to serve as protective payees.

 

g)         When no other suitable payee is available, the Department may appoint a member of its staff to act as protective payee.  However, the staff acting as protective payee may not be:

 

1)         a person determining the client's eligibility or level of assistance;

 

2)         a person handling fiscal processing relating to the recipient;

 

3)         investigative staff; or

 

4)         a local office administrator.

 

h)         The need for continuation of a PPP and the performance of the protective payee shall be reviewed and evaluated by the Department as often as circumstances indicate, or, for TANF cases, at least every 12 months.

 

(Source:  Amended at 30 Ill. Reg. 11549, effective June 20, 2006)

 

Section 117.11  Issuance of Cash Assistance Benefits

 

a)         Cash assistance benefits shall be issued to the payee via an electronic benefits payment file established by the Department through Electronic Benefits Transfer (EBT) (see section 408(a)(12)(B)(iii) of the Social Security Act (42 USC 608(a)(12)(B)(iii)).  The payee may access the cash benefits at any participating Point-of-Sale (POS) terminal or Automated Teller Machine (ATM) except:

 

1)         liquor stores (see section 408(a)(12)(B)(i) of the Social Security Act);

 

2)         gambling casinos (see section 408(a)(12)(B)(ii) of the Social Security Act); or

 

3)         retail establishments that provide adult entertainment involving disrobing or nudity.

 

b)         If the client has a checking or savings account, the client may elect to have cash assistance benefits delivered via direct deposit to the financial institution where the client's account resides.

 

c)         In circumstances where none of the above delivery options are available, a warrant for the cash assistance benefits will be delivered to the client's residence or other secure address, as selected by the client.

 

(Source:  Amended at 38 Ill. Reg. 18659, effective August 29, 2014)

 

Section 117.12  Client Training Brochure for the Electronic Benefits Transfer (EBT) System

 

a)         A Client Training Brochure will be provided to all cash and food stamp applicants.

 

b)         Clients will be provided instructions including, but not limited to:

 

1)         the appropriate use and security of the EBT card and Personal Identification Number (PIN);

 

2)         client liabilities for benefit loss;

 

3)         information on transaction limitations and charges;

 

4)         client responsibility for reporting loss or theft of the EBT card and to whom and how such reports should be made;

 

5)         information on the services available from the Client Help Desk;

 

6)         proper care and protection of the EBT card;

 

7)         replacement card policy; and

 

8)         how to report problems with the EBT card or EBT system equipment.

 

(Source:  Amended at 32 Ill. Reg. 9614, effective June 23, 2008)

 

Section 117.13  Replacement of the EBT Card

 

a)         Replacement of the EBT Card

 

1)         The EBT card (benefit access device) will be replaced if lost, stolen or damaged.

 

2)         The loss, theft or damage of the EBT card must be immediately reported to the EBT contractor.

 

3)         The client shall contact the Client Help Desk toll-free at (800)678-5465, by TTY at (877)765-3459 or via the internet at http://www.Link. Illinois.gov  for replacement of the EBT card and selection of a new Personal Identification Number (PIN).  A replacement card may be issued by the local office with administrative approval.

 

4)         Administrative remedies, as described in subsection (b) of this Section, may be imposed following the loss, theft or damage of the EBT card or the loss of assistance benefits.

 

b)         Administrative Remedies

The Department may employ any of the administrative remedies listed in this subsection (b) to deter multiple claims of benefit loss or multiple EBT card replacements, subject to notice to and appeal by the client.  Which remedy would be applied will be determined by such elements as the type of situation that gives rise to the need for the remedy and the effectiveness of previously utilized remedies.

           

1)         Charge for Replacement Card or Cards – The Department may assess a fee for replacement of the EBT card.  Such fees may increase for subsequent replacement cards.

 

2)         Telephone Approval – The Department may require the client to obtain time and amount-limited telephonic approval for use of the EBT card.  The client would be required to place a call to the EBT contractor and positively identify himself or herself.  The preauthorization would be time-limited and for a specific, preauthorized amount.  The client would be able to use the card for a period of two hours or for some other time period designated by the Department.  The amount of the transaction could not exceed the preauthorized amount and must be accomplished electronically (manual authorization or voucher processing).  Key-entered transactions or exception processing may not be used.

 

3)         Transaction Withdrawals – To assist a client in managing his or her funds or to reduce the potential for fraud, the Department may limit the amount of benefits that may be withdrawn or used per transaction per day.  The amount would not exceed $50.00 and may be lowered, as determined by the Department to be necessary under the individual circumstances.

 

4)         Use of Specific Point-of-Sale (POS) Terminals – The Department may notify a client of restricted benefit access points available to the client. The client may be restricted to accessing benefits at one or two locations, designated by the Department.  The merchant or retailer would have to obtain telephone authorization of the transaction.  Use of exception processing or key-entered transactions would not be allowed.  This determination can only be imposed for a period not to exceed 24 months and is designed to address situations of mismanagement, fraud, multiple replacement requests and intentional program violations.

 

5)         Use of Specific Automated Teller Machine (ATM) Terminals – The Department may notify a client of restricted benefit access points available to the client.  The client may be restricted to accessing benefits at one or two locations, designated by the Department.  This determination can only be imposed for a period not to exceed 24 months and is designed to address situations of mismanagement, fraud, multiple replacement requests and intentional program violations.

 

6)         Use of Protective or Alternate Payee − Repeated loss of the EBT card and PIN is a basis for a determination of client mismanagement and authorization of a Protective Payment Plan (PPP).

 

c)         Other Remedies

The Department may use other remedies to reduce future claims and to address fraud, abuse, collusion or intentional program violations, as warranted by the individual case circumstances.  Those remedies may include, but shall not be limited to:

 

1)         disqualification;

 

2)         penalties, fines and/or imprisonment consistent with federal and State law and regulations; and

 

3)         referrals to federal law enforcement authorities, when appropriate.

 

(Source:  Amended at 32 Ill. Reg. 9614, effective June 23, 2008)

 

Section 117.15  Reinstatement Upon Cooperation

 

a)         When financial aid is reduced or terminated due to the failure of the client to cooperate with the Department and the client, within ten working days after the first day the financial aid would have been available, cooperates with the Department, financial aid shall be reinstated in full.  The reinstatement is retroactive to the date the change or termination of the grant occurred, provided the client is not otherwise ineligible for financial assistance for the period in question.

 

b)         Failure to cooperate includes but is not limited to:

 

1)         failure to keep an appointment;

 

2)         failure to attend a meeting;

 

3)         failure to produce proof or verification of eligibility or need in response to a Department request to contact it; or

 

4)         failure to be available for a home visit.

 

c)         When a client whose benefits have been reduced or terminated for failure to cooperate contacts the Department about the termination or reduction within ten working days after the first day the financial aid would have been available, the Department shall inform the client that his or her financial assistance will be reinstated if he or she cooperates.

 

d)         The client's cooperation shall be demonstrated by his or her attendance at a rescheduled appointment or meeting, producing needed proof or verification, attempting to obtain needed proof or verification, asking for help in obtaining proof or verification or seeking whatever is needed to determine continued eligibility.

 

e)         The policy in this Section does not apply in the case of sanctions imposed due to the failure of a client to participate, as required, in the child support enforcement program (see 89 Ill. Adm. Code 160) or in any educational, training or employment program conducted through the Department.

 

f)         The policy in this Section also does not apply to any cancellation, revocation, reduction, termination or sanction imposed for the failure of any recipient to cooperate in the quarterly reporting process.

 

(Source:  Amended at 22 Ill. Reg. 16251, effective September 1, 1998)

 

Section 117.20  Replacement of Missing Warrants

 

a)         When a client reports the non-receipt of a warrant, the Department shall replace the warrant, unless the warrant was endorsed by the payee, after the client has signed a request to stop payment and an agreement that recovery may be made.  The replacement shall be made only if the request is received within 60 days after the date of mailing of the warrant in question.

 

b)         In the event the missing warrant is actually received and cashed by the client and a replacement warrant has been received and cashed by the client, pursuant to the terms of the recovery agreement, the Department shall recoup or recover the amount of the replacement warrant as follows:

 

1)         For Temporary Assistance for Needy Families (TANF); 1/36 of the amount of the replacement warrant shall be recouped each month until the entire amount is recouped.  TANF recoupment under this Section shall not take place while recoupment under 89 Ill. Adm. Code 165.70 is in process.

 

2)         For Aid to the Aged, Blind or Disabled (AABD) cases as provided in 89 Ill. Adm. Code 165.70.

 

3)         For supportive service payments issued to participants, the replacement warrant will be recovered under Subpart D of 89 Ill. Adm. Code 165, after financial assistance is cancelled.

 

c)         The determination that the missing warrant was actually received and cashed by the client shall be made by comparing the signature of endorsement appearing on the warrant with a specimen signature of the client.

 

(Source:  Amended at 37 Ill. Reg. 1884, effective February 4, 2013)

 

Section 117.30  Withholding of Rent (Repealed)

 

(Source:  Repealed at 7 Ill. Reg. 16111, effective November 22, 1983)

 

Section 117.40  Recovery of Interim Assistance – Aid to the Aged Blind or Disabled (AABD) and General Assistance (GA) (Repealed)

 

 (Source:  Repealed at 37 Ill. Reg. 1884, effective February 4, 2013)

 

Section 117.50  Funerals and Burials

 

a)         Funeral and burial services shall be provided to eligible deceased individuals in accordance with Section 117.53.

 

b)         Payment for Funeral Expenses

 

1)         The maximum allowable amount which the Department may pay for funeral expenses of an eligible decedent is:

 

A)        $700 effective 11/17/99, $850 effective 7/1/00, and $1000 effective 7/1/01 for an adult or child 5 years of age or older;

 

B)        $436 effective 11/17/99, $529 effective 7/1/00, $622 effective 7/1/01, and $1000 effective 1/1/02 for a child between the ages of 3 months and 5 years; and

 

C)        $350 effective 11/17/99, $425 effective 7/1/00, $500 effective 7/1/01, and $1000 effective 01/1/02 for a child under 3 months of age or stillborn.

 

2)         On January 1, 2006, July 1, 2006, and July 1, 2007, the Department shall increase the maximum reimbursement amount by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, if any, during the 12 months immediately preceding that January 1 or July 1.  On April 6, 2020, the Department shall increase the maximum reimbursement amount for funeral expenses of an eligible decedent to $1370.

 

3)         Prior to 1/1/02, the maximum allowable amount the Department would pay for funeral expenses of an eligible decedent was based on the decedent's age.

 

c)         The maximum allowable amount which the Department will pay for burial (including cremation) expenses of an eligible decedent is $350 effective 11/17/99, $425 effective 7/1/00, and $500 effective 7/1/01.  On January 1, 2006, July 1, 2006, and July 1, 2007, the Department shall increase the maximum reimbursement amount by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, if any, during the 12 months immediately preceding that January 1 or July 1.  On April 6, 2020, the Department shall increase the maximum reimbursement amount for burial (including cremation) expenses to $686.

 

d)         When there is no hospital facility for disposal of amputated limbs by cremation or if burial is desired by the recipient, an allowance of $15 for burial of amputated limbs may be paid to a funeral director.

 

e)         No additional payment shall be made for burial of amputated limbs with the remainder of the body.

 

f)         The maximum allowable amount which the Department will pay for an Anatomical Gift case is $100 effective 11/17/99, $121 effective 7/1/00, and $142 effective 7/1/01 for the funeral home services and $50 for a memorial service held in the funeral home. In a Anatomical Gift case, the body has been donated for scientific study.

 

(Source:  Amended at 44 Ill. Reg. 14109, effective August 21, 2020)

 

Section 117.51  Funeral Home Services

 

a)         Complete preparation and preservation of the body,

 

b)         Casket,

 

c)         Outside box,

 

d)         Customary local transportation of the body,

 

e)         Use of funeral home and of all customary facilities and appointments thereof,

 

f)         Arrangements for religious services, if requested,

 

g)         Appropriate dress, suit, or shroud, if necessary,

 

h)         Grave services, if customarily provided.

 

i)          Additional services shall be approved in the following situations:

 

1)         Based on documentation (e.g., copy of the decedent's death certificate, coroner's report, physician's report or fire report) provided by the funeral home that circumstances of the decendent's death demand special burial requirements.

 

2)         An oversize casket is required.  Prior approval is required for additional payment for an oversize casket.  A request for payment for an oversize casket will be granted only if the funeral home establishes and documents (e.g., copy of the decendent's death certificate, coroner's report, physician's report or fire report) the need for oversize casket.

 

3)         Transportation outside a twenty mile radius is allowed at a rate of fifty cents per additional mile:

 

A)        for out of state burials to a maximum of $50;

 

B)        for intrastate burials the cost of excess transportation combined with actual cemetery charges cannot exceed the maximum burial allowance;

 

C)        for Anatomical Gift cases fifty cents per additional mile will be allowed; and

 

D)        no additional transportation charges are allowed for cremation cases.

 

(Source:  Amended at 14 Ill. Reg. 780, effective January 1, 1990)

 

Section 117.52  Burial Expenses

 

The cemetary association is to provide the following:

 

a)         The least expensive single grave space, if burial space must be purchased (exclusive of Potter's field),

 

b)         Opening and closing the grave,

 

c)         Grave service, if customarily provided.

 

(Source:  Amended at 3 Ill. Reg. 41, p. 167, effective October 1, 1979)

 

Section 117.53  Payment to Vendor(s)

 

a)         If no person has agreed to pay the total cost of funeral and burial charges, the Department will pay the vendor the actual costs of the funeral or burial, or the maximum allowable amount for each service, whichever is less, provided the amounts available from the below identified sources are deducted from the Department's standard:

 

1)         The decedent's assets and available resources and the anticipated amounts of any death benefits available to the decedent's estate.

 

2)         Amounts paid and/or arranged to be paid by a decedent's legally responsible relative(s).  A legally responsible relative is expected to pay funeral and burial expenses unless financially unable to do so.

 

b)         Amounts available from the above sources are to be applied first to the cemetery charges and then to funeral charges.

 

c)         The value of a casket and/or vault purchased after the person's death by a non-responsible person or organization shall not affect the amount of the vendor payment.

 

d)         Payment up to $2000 by a non-responsible person or organization for services or merchandise that is not required to be covered by the Department's payment shall not affect the amount of the vendor payment.  When one vendor is requesting payment for both funeral and burial expenses, the payment up to $2000 can be accepted for each the funeral services and the burial services.

 

(Source:  Amended at 23 Ill. Reg. 5263, effective April 19, 1999)

 

Section 117.54  Claims for Reimbursement

 

a)         The Department will not reimburse funeral or burial expenses paid by a legally responsible relative(s).

 

b)         Any person, other than a legally responsible relative, who has voluntarily assumed responsibility for a recipient's funeral/burial expenses and has paid all or a portion of such expenses in an amount equal to or greater than the amount of the claim for reimbursement may be reimbursed for the actual costs, or the Department's maximum allowable amounts, whichever is less, after deduction of:

 

1)         The decedent's assets and available resources including any available death benefits.

 

2)         Amounts paid and/or arranged to be paid by a decedent's legally responsible relative.

 

3)         Proceeds of life insurance on the decedent payable to, or received by the claimant as the beneficiary of the insurance.

 

c)         All funeral and burial expenses for which reimbursement is requested are to be included in one claim.

 

d)         Eligibility for payment of funeral/burial expenses is effective from the first day for which medical eligibility is established and continues to the last day of the month in which cancellation is effective.

 

e)         Funeral/burial claims for an individual who is an in-patient in a Department of Mental Health and Developmental Disabled (DMHDD) facility, or is a DMHDD in-patient temporarily discharged and in a community hospital at the time of death, or is a DMHDD in-patient who is on a home visit for a brief period of time (less than two weeks) shall not be paid by the Department.

 

(Source:  Amended at 18 Ill. Reg. 7403, effective April 29, 1994)

 

Section 117.55  Submittal of Claims

 

a)         Vendor or reimbursement claims must be submitted on Department designated claim forms.  The claim forms contain a certification statement that must not be altered.  Claim forms must be legibly signed and dated in ink by the claimant. The Department will return without payment any claim form that is not properly signed, or that includes an altered certification statement.

 

b)         Claims not submitted within 30 calendar days after the date of death of the decedent must be accompanied by a written statement explaining the reason for the delay.

 

c)         If funds are available, valid late claims will be accepted in the order in which they are received.

 

d)         Subject to appropriations, the Department may deny any claim that is not:

 

1)         Submitted for the first time within 180 calendar days after the date of death of the decedent; or

 

2)         Re-submitted within 90 calendar days after being returned for correction or completion.

 

(Source:  Amended at 42 Ill. Reg. 7696, effective April 13, 2018)

 

Section 117.60  Substitute Parental Care/Supplemental Child Care – TANF and AABD

 

a)         Substitute Parental Care/Supplemental Child Care

 

1)         Subject to prior approval, payment shall be authorized by the Department for Substitute Parental/Supplemental Child Care when there is a need for child care because of the absence from the home or incapacity of the child's caretaker.  Prior approval consists of verification of the need based on a statement from the client's physician or law enforcement officials.  When prior approval cannot be obtained due to emergency hospitalization or the incarceration of the caretaker, payment shall be authorized if the request is received within 10 calendar days after the caretaker's release from the hospital or incarceration.

 

2)         Payment shall not be made to:

 

A)        Individuals living in the home with the caretaker and child, or

 

B)        A responsible relative (as defined in 89 Ill. Adm. Code 103.10(b)(2)) of the caretaker or child.

 

b)         Substitute Parental Care

 

1)         Substitute parental care is care and supervision provided to children by an individual when the caretaker is required to be absent from the home for a period of 24 hours or more.  Reasons for substitute parental care shall include but are not limited to hospitalization or incarceration.  The substitute parent is not a day care provider.

 

2)         The Department shall authorize payment up to $25 per day.  When substitute parental care is provided at no costs, day care is paid only during the hours of the substitute parent's absence for reasons of employment, education or training.  Day Care payment rates as established by the Department of Children and Family Services are applicable for Public Aid purposes.  This type of care shall be provided for no more than 30 days.  However, if the client documents (i.e., through a doctor's statement or social service agency statement) that care was needed for a longer period of time, payment shall be authorized.

 

c)         Supplemental Child Care

 

1)         Supplemental child care is care needed for less than 24 hours when the child's caretaker is in the home but incapacitated.

 

2)         Supplemental child care is provided when a physician, psychiatrist or psychologist verifies that, due to illness or incapacity, the child's caretaker is unable to provide care and supervision of the child.

 

3)         Maximum Payment Amounts and Types of Tasks Provided to the Child and/or the Caretaker

            Payment is limited to the following tasks and will be allowed up to $3.35 per hour:

 

A)        Meal Preparation – Maximum 1 hour per meal

            Grocery shopping; preparation of meals; service of meals (to include incapacitated caretaker and infant); and dishwashing and cleanup.

 

B)        Personal Care – Maximum 7 hours per week

            Assistance with bathing and shampooing hair; assistance with dental care; assistance with care and diapering of infants; and assistance with dressing.

 

C)        Laundry – Maximum 3 hours per week

            Washing clothing and linens; and folding and storing clothes and linens.

 

(Source:  Amended at 37 Ill. Reg. 1884, effective February 4, 2013)

 

Section 117.70  Charge for Replacement of Photo ID Cards (Repealed)

 

(Source:  Repealed at 12 Ill. Reg. 14296, effective August 30, 1988)

 

Section 117.80  Direct Deposit of Recipients' Warrants

 

a)         Warrants of AABD and TANF recipients shall be deposited directly into their banks, savings and loan associations or credit unions when requested by the recipients.

 

b)         Warrants issued to Protective Payees of AABD and TANF clients are required to be deposited directly into a bank, savings and loan association or credit union account.

 

(Source:  Amended at 37 Ill. Reg. 1884, effective February 4, 2013)

 

Section 117.90  State Income Tax Match

 

The Department conducts a yearly State Income Tax Match. Department records are matched with Illinois Department of Revenue records to obtain possible sources of unreported income.

 

a)         Type I-Income Only cases are those cases that received TANF or AABD cash assistance for each month beginning with March of a tax year through February of the next year, reported earned income on the State income tax return for that tax year, but had no earned income budgeted for the months of cash assistance receipt.

 

b)         Type II-Joint Return Only cases are those cases that received TANF cash assistance for each month beginning with March of a tax year through February of the next year, filed a joint State income tax return for that year, but who only had one adult's needs included in the TANF case for the entire period of TANF cash assistance receipt.

 

c)         Type III cases are TANF cash assistance cases that are a combination of Type I and Type II cases, having all characteristics of both types.

 

d)         Each client will be notified of an appointment for an interview, advising of the date, time and place, the reason, a statement of the information obtained from the State Income Tax Match and a list of items to bring to the interview.

 

e)         If the client fails to appear for the interview, the case will be discontinued due to the receipt of income and an overpayment will be determined for the relevant time period.

 

f)         If the client appears for the interview, the following actions will be taken:

 

1)         For Type I and Type III cases, appropriate actions regarding termination or reduction of benefits and determination of any overpayment will be made based on the information provided by the client regarding income and employment.

 

2)         For Type II and Type III cases, the client will be advised that signing the joint income tax refund creates the inference that the income was available to the client and that the Department will consider the income, less the spouse's share based on the Department's Standard of Need, as available, unless the client can prove all or part of the income was not available. The client can do this in one of the following ways:

 

A)        signing an affidavit that the client's signature on the joint income tax return is a forgery or that it was signed under duress;

 

B)        having the spouse sign an affidavit that the client and the spouse did not live together and that the client did not receive or have access to the spouse's income;

 

C)        signing an affidavit that the client did not have access to the spouse's income or only had access to part of the spouse's income;

 

D)        receipt of child support from the spouse during the relevant time period; or

 

E)        stating that an amended State income tax return was filed by the client, with the spouse filing separately, and providing a copy of the amended return.

 

3)         If the client proves that the income was not available, no negative actions will be taken. If the client proves that only part of the income was available, then appropriate actions of termination, reduction or overpayment will be taken based on that information.

 

g)         For all cases, if a client appears for the interview, but then fails to provide the necessary information, the case will be discontinued for failure to cooperate and any overpayment will be calculated based on State Income Tax Match as well as other available information.

 

(Source:  Amended at 37 Ill. Reg. 1884, effective February 4, 2013)

 

Section 117.91  New Hire Match

 

The Department conducts a periodic New Hire Match of Department records and new hire information reported by employers.  The purpose of the New Hire Match is to discover unreported earned income of persons receiving assistance.

 

a)         When the new hire information reported by the employer matches Department records on clients and earned income has not been reported to the Department, a notice is sent to the household.  The notice informs the household to provide verification, to the Department, of the new employment within 10 calendar days.

 

b)         If the household fails to respond to the notice within 10 calendar days, benefits will be discontinued.

 

c)         If the household responds to the notice and provides verification of the earnings, appropriate case actions regarding termination or reduction of benefits and determination of any overpayment will be made based on the information provided by the household regarding income and employment.

 

d)         If the household responds to the notice and verifies that the information the Department received from the New Hire Match was incorrect, no negative action will be taken.

 

Section 117.92  Electronic Finger Imaging

 

The Department will operate the electronic finger imaging system on a statewide basis.  The system will be used in the administration of the Food Stamp Program and the Temporary Assistance for Needy Families (TANF) program.  In addition, in the City of Chicago, the system will be used in the administration of the two General Assistance (GA) programs (the Family and Children Assistance program and the Transitional Assistance program).

 

a)         Unless exempt, the Department will require the following persons to undergo electronic finger imaging:

 

1)         All adult applicants for food stamps, TANF cash assistance, and City of Chicago General Assistance.

 

2)         All adult recipients of food stamps, TANF cash assistance, and City of Chicago General Assistance, including:

 

A)        second parents; in 2-parent cases and

 

B)        minor grantees for TANF cash cases in which the minor parent is considered an adult; and

 

C)        all payees for food stamps, TANF cash assistance, and City of Chicago General Assistance who do not receive cash and/or food stamp benefits in the case (this does not apply to protective payee cases for any category of assistance or representative payee for teens (RPT) TANF cash cases).

 

b)         Exemptions From Finger Imaging

 

1)         The Department will grant a person with both index fingers broken or bandaged a temporary exemption.  To be granted the exemption, the person must provide documentation from a physician that verifies the medical condition.  The documentation must state when the person can participate.  The length of the exemption shall be based on the physician's statement. When the person's condition improves to the point where he or she can be finger imaged, the Department shall contact the person so that he or she can complete the process.

 

2)         A person who is missing both hands or both index fingers will be granted a permanent exemption.

 

c)         Cooperation With Finger Imaging Requirements

 

1)         The failure or refusal of a person who is not medically exempt to comply with finger imaging requirements will result in ineligibility for cash assistance and/or food stamps for the entire Food Stamp, TANF or General Assistance unit.

 

2)         In the event of a system failure or prolonged downtime, a person who agrees to be finger imaged shall be considered as having cooperated.  The person shall be required to return to the local office, within a specified period of time, to complete the finger imaging process when the system is operational.  If the individual does not return, within the specified period of time, he or she will be considered as not cooperating.

 

3)         In no instance shall the issuance of benefits be delayed beyond the application time limits as specified in 89 Ill. Adm. Code 110.20 or 89 Ill. Adm. Code 121.2.

 

4)         The Department shall provide material to all applicants and recipients that will explain the following information:

 

A)        the finger imaging process;

 

B)        the reason for the process;

 

C)        the confidentiality of the information; and

 

D)        the fact that cooperation with the finger imaging process is a condition of eligibility.

 

d)         Intake

            The local office will finger image a person when he or she applies for assistance.  If the applicant fails or refuses to be finger imaged, the Department shall deny the cash assistance and/or the food stamp portion of his or her application.

 

e)         Active Cases

            The local office will finger image clients as listed in subsections (e)(1) through (4).  If the client fails or refuses to be finger imaged, the Department shall discontinue cash and/or food stamp assistance.

 

1)         The local office shall send a notice to adults in Food Stamp, TANF, and City of Chicago GA cases scheduled for a face-to-face redetermination advising them of the finger imaging requirement.  The notice shall also advise the adult or adults that they will be scheduled for a finger imaging appointment at the completion of their redetermination interview.

 

2)         The local office shall make every effort to accommodate clients when they must reschedule their finger imaging appointments.  When a mandated client fails to appear for his or her scheduled appointment and does not call to reschedule, the local office shall send a notice to discontinue cash and/or food stamp assistance to the client for failure to comply with finger imaging requirements.

 

3)         The Department's investigators shall advise the local office to take appropriate action to cancel cash assistance and Food Stamps if their investigation validates a match and finds no satisfactory reason for its concerns.  Upon receipt of the information from the Department's investigators, the local office shall cancel cash assistance and food stamps.

 

4)         Whenever a new adult is added to an active case, or there is a change in the payee, the local office shall inform the person of the finger imaging requirements.  The local office shall schedule an appointment for the person to come into the office for finger imaging.

 

(Source:  Added at 23 Ill. Reg. 12638, effective October 15, 1999)