Section 20.1  Incorporation by Reference

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

Section 20.10  Support from Responsible Relatives

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

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

1)         spouse for spouse; and

2)         parents for children under 18 years of age.

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

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

Section 20.20  Determination of Ability to Support

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

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

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

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

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

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

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

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

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

C)        TANF

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

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

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

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

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

2)         Temporary Assistance for Needy Families (TANF)

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

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

Section 20.25  Establishment of Support Obligations

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

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

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

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

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

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

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

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

Section 20.30  Redetermination of Ability to Support

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

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

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

Section 20.35  Enforcement of Administrative Support Orders

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

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

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

c)         referral to a private collection agency for collection.

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

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

Section 20.50  Modification or Release from Support Order

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

Section 20.TABLE A   Standard for Determining Responsible Relative Liability