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1 | AN ACT concerning public aid.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | |||||||||||||||||||
5 | changing Section 10-1 as follows:
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6 | (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
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7 | Sec. 10-1. Declaration of Public Policy - Persons Eligible | |||||||||||||||||||
8 | for Child Support
Enforcement Services - Fees for | |||||||||||||||||||
9 | Non-Applicants and
and
Non-Recipients.) It is the intent of | |||||||||||||||||||
10 | this Code that the financial aid
and social welfare services | |||||||||||||||||||
11 | herein provided supplement rather than
supplant the primary and | |||||||||||||||||||
12 | continuing obligation of the family unit for
self-support to | |||||||||||||||||||
13 | the fullest extent permitted by the resources available
to it. | |||||||||||||||||||
14 | This primary and continuing obligation applies whether the | |||||||||||||||||||
15 | family
unit of parents and children or of husband and wife | |||||||||||||||||||
16 | remains intact and
resides in a common household or whether the | |||||||||||||||||||
17 | unit has been broken by
absence of one or more members of the | |||||||||||||||||||
18 | unit. The obligation of the
family unit is particularly | |||||||||||||||||||
19 | applicable when a member is in necessitous
circumstances and | |||||||||||||||||||
20 | lacks the means of a livelihood compatible with health
and | |||||||||||||||||||
21 | well-being. | |||||||||||||||||||
22 | It is the purpose of this Article to provide for locating | |||||||||||||||||||
23 | an absent
parent or spouse, for determining his financial |
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1 | circumstances, and for
enforcing his legal obligation of | ||||||
2 | support, if he is able to furnish
support, in whole or in part. | ||||||
3 | The Department of Healthcare and Family Services shall give
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4 | priority to establishing, enforcing
and collecting the current | ||||||
5 | support obligation, and then to past due support
owed to the | ||||||
6 | family unit, except with respect to collections effected
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7 | through the intercept programs provided for in this Article.
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8 | The child support enforcement services provided hereunder
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9 | shall be
furnished dependents of an absent parent or spouse who | ||||||
10 | are applicants
for or recipients of financial aid under this | ||||||
11 | Code. It is not,
however, a condition of eligibility for | ||||||
12 | financial aid that there be no
responsible relatives who are | ||||||
13 | reasonably able to provide support. Nor,
except as provided in | ||||||
14 | Sections 4-1.7 and 10-8, shall the existence of
such relatives | ||||||
15 | or their payment of support contributions disqualify a
needy | ||||||
16 | person for financial aid.
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17 | By accepting financial aid under this Code, a spouse or a | ||||||
18 | parent or
other person having custody of a child shall be | ||||||
19 | deemed to have made
assignment to the Illinois Department for | ||||||
20 | aid under Articles III, IV,
V and VII or to a local | ||||||
21 | governmental unit for aid under Article VI of
any and all | ||||||
22 | rights, title, and interest in any support obligation, | ||||||
23 | including statutory interest thereon, up to
the amount of | ||||||
24 | financial aid provided. The rights to support assigned to
the | ||||||
25 | Department of Healthcare and Family Services (formerly
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26 | Illinois Department of Public Aid) or local governmental unit |
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1 | shall
constitute an
obligation owed the State or local | ||||||
2 | governmental unit by the person who
is responsible for | ||||||
3 | providing the support, and shall be collectible under
all | ||||||
4 | applicable processes.
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5 | The Department of Healthcare and Family Services shall also | ||||||
6 | furnish the child support enforcement services established | ||||||
7 | under this Article in
behalf of persons who
are not applicants | ||||||
8 | for or recipients of financial aid
under this Code in | ||||||
9 | accordance with the requirements of Title IV, Part D of the
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10 | Social Security Act. The Department may
establish a schedule of | ||||||
11 | reasonable fees, to be paid for the services
provided and may | ||||||
12 | deduct a collection fee, not to exceed 10% of the amount
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13 | collected, from such collection.
The
Department of Healthcare | ||||||
14 | and Family Services shall cause to be published and
distributed | ||||||
15 | publications
reasonably calculated to inform the public that | ||||||
16 | individuals who are not
recipients of or applicants for public | ||||||
17 | aid under this Code are eligible
for the child support | ||||||
18 | enforcement services under this
Article X. Such
publications
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19 | shall set forth an explanation, in plain language, that the | ||||||
20 | child
support enforcement services program is independent of | ||||||
21 | any public
aid program under the Code and that the receiving of | ||||||
22 | child
support
enforcement services in no way implies that the | ||||||
23 | person
receiving such services is receiving
public aid.
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24 | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
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