AUTHORITY: Implementing and authorized by Sections 1300, 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405/1300, 1700 and 1701].

SOURCE: Adopted at 10 Ill. Reg. 5118, effective March 18, 1986; amended at 11 Ill. Reg. 7270, effective April 3, 1987; emergency amendments at 13 Ill. Reg. 13268, effective July 27, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 19440, effective December 5, 1989; emergency amendment at 14 Ill. Reg. 17389, effective September 28, 1990, for a maximum of 150 days; amended at 15 Ill. Reg. 1817, effective January 24, 1991; amended at 33 Ill. Reg. 9668, effective July 1, 2009.

SUBPART B: DEDUCTION OR ASSIGNMENT OF BENEFITS

 

Section 2815.100  Benefit Rights Not Subject to Waiver, Transfer, or Claims of Creditors

 

The right to receive unemployment benefits cannot be waived, transferred, or released by agreement.  Neither can it be the subject of assignment, pledge, encumbrance, or claim of creditors.  Any such agreement is against public policy and void.  However, where the agreement to deduct from benefits or the assignment of benefits is made under the conditions provided in Section 2815.105 of this Part, such agreement or assignment may be enforced pursuant to the provisions of Section 1300 of the Unemployment Insurance Act [820 ILCS 405/1300] (Act).

 

(Source:  Amended at 33 Ill. Reg. 9668, effective July 1, 2009)

 

Section 2815.105  Deductions from Unemployment Benefits for Past Due Child Support

 

a)         Whenever the Director is served by the Illinois Department of Healthcare and Family Services with a copy of a court or administrative order for withholding of income on behalf of the persons specified in subsection (c), the Director shall deduct from an individual's benefits past due child support in the designated amount.

 

b)         Whenever an individual enters into an agreement for the deduction of a specified sum from his benefits under the Act in order to pay past due child support, this agreement may be enforced by the Illinois Department of Healthcare and Family Services by presenting to the Director the original of the agreement and requesting that the support payments sought to be satisfied be deducted out of the benefits payable to an individual required to provide support.  The agreement must be signed by the individual and state clearly the amounts to be deducted from his benefits, in whose favor the support payments are payable, during which periods the deductions are to be made, and by what authority the individual is required to make support payments.  If the Director is satisfied that the agreement meets the requirements of this subsection (b), deductions shall be made in the amounts specified in the agreement.

 

c)         The Illinois Department of Healthcare and Family Services may enforce and collect from the Director any assignment of benefits to, or agreement for deductions for the benefit of, the following persons:

 

1)         Those receiving a grant of financial aid under Article IV of the Illinois Public Aid Code [305 ILCS 5/Art. 4];

 

2)         Those whose application for support services under Section 10-1 of the Illinois Public Aid Code [305 ILCS 5/10-1] has been approved; and

 

3)         Those receiving public aid or support services from other states.

 

d)         In every case where there is a court-ordered assignment of wages for past due child support, this assignment of wages shall also be considered an order for withholding of income which can be enforced for collection under subsection (a).

 

(Source:  Amended at 33 Ill. Reg. 9668, effective July 1, 2009)

 

Section 2815.110  Deductions from Benefits to be Paid to the Illinois Department of Healthcare and Family Services

 

All deductions authorized under Section 2815.105 shall be paid to the Illinois Department of Healthcare and Family Services.  These payments are considered constructively made to the individual and they shall be defense to the Director against claims of the individual whose benefits have been reduced by the deductions taken.

 

(Source:  Amended at 33 Ill. Reg. 9668, effective July 1, 2009)

 

Section 2815.115  Illinois Department of Healthcare and Family Services Acting for the Director

 

In order to insure prompt action on all orders for withholding of income or agreements to deduct referred to in Section 2815.105 and to insure speedy review of the Director's orders granting deductions, the Director appoints the Division of Child Support, Illinois Department of Healthcare and Family Services, as the Director's agent to act for and on behalf of the Director in the following cases:

 

a)         To receive service of the court or administrative order for withholding of income or to accept the presentation of an agreement to deduct from the Illinois Department of Healthcare and Family Services required in Section 2815.105(a) and (b);

 

b)         To determine the sufficiency of the order or the agreement in accordance with the requirements provided in Section 2815.105;

 

c)         To design and adopt a compatible program that could be entered in the Agency's computer system and enable the Director:

 

1)         To know if the beneficiary of the order or the party to the agreement is a claimant receiving benefits under the Act;

 

2)         To start or stop the deductions from benefits after the issuance of the appropriate order by the Director;

 

d)         To receive all filings of appeals connected with the Director's order granting the deduction from benefits and forward them to the Appeals  Division, 33 South State Street, 8^th Floor, Chicago, Illinois 60603;

 

e)         To receive and respond to all inquiries relating to the implementation of orders to stop further deductions, the enforcement and collection of orders for withholding of income or agreements to deduct, and the procedure for making an appeal from an order granting deductions.  The inquiries shall be addressed to:  Division of Child Support, Illinois Department of Healthcare and Family Services, P.O. Box 19405, Springfield, Illinois 62794.

 

(Source:  Amended at 33 Ill. Reg. 9668, effective July 1, 2009)

 

Section 2815.120  Order of Deductions From Benefits

 

After the Division of Child Support has made a determination that the order or the agreement meets the requirements in Section 2815.105 and that the subject of the order or the party to the agreement is a claimant receiving benefits under the Act, it must recommend to the Director the issuance of an order of deduction from benefits and certify as to its correctness.  The Division of Child Support shall not initiate a deduction from benefits unless and until such an order has been issued by the Director.

 

(Source:  Amended at 11 Ill. Reg. 7270, effective April 3, 1987)

 

Section 2815.125  Notice of Deductions and Right of Appeal

 

a)         The Director shall give notice to the individual whose benefits will be affected by the Director's order of deduction at the same time that the order for withholding or the agreement to deduct is entered into the Director's computer system by the Division of Child Support of the Illinois Department of Healthcare and Family Services.  The notice shall state the amount of deductions, the authority for the deductions, and the claimant's right to appeal the order of deduction in the same manner as appeals under Sections 800 and 803 of the Act [820 ILCS 405/800 and 803], and of 56 Ill. Adm. Code 2720.  The appeal shall be filed pursuant to Section 2815.115 of this Part.  However, deductions shall continue during the pendency of the appeal.

 

b)         At the hearing on appeal, the only issue to be resolved is the validity of the order or deduction agreement.  If there has been a previous proceeding conducted by the Illinois Department of Healthcare and Family Services for this purpose, the claimant contesting the validity of the order or the agreement must show why the decision of the Illinois Department of Healthcare and Family Services should not be given full faith and credit.

 

(Source:  Amended at 33 Ill. Reg. 9668, effective July 1, 2009)

 

Section 2815.130  Improper Deductions from Benefits

 

When in the appeal process or in any proceedings, it is found that deductions from the claimant's benefits pursuant to Section 2815.105 are improper or not in accordance with the law, the Director shall, after due notice to all parties, stop further deductions.  Requests for reimbursements of improper deductions must be directed to the Illinois Department of Healthcare and Family Services, Division of Child Support, at the address specified in Section 2815.115(e).

 

(Source:  Amended at 33 Ill. Reg. 9668, effective July 1, 2009)