Full Text of HB1416 102nd General Assembly
HB1416 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1416 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: | | 305 ILCS 5/10-1 | from Ch. 23, par. 10-1 |
|
Amends the Illinois Public Aid Code. Makes a technical change in a Section
concerning public policy with respect to the determination and enforcement of
the support responsibility of relatives.
|
| |
| | A BILL FOR |
|
| | | HB1416 | | LRB102 03432 KTG 13445 b |
|
| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 10-1 as follows:
| 6 | | (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
| 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 | 12 | | and continuing obligation of the family unit for
self-support | 13 | | to the fullest extent permitted by the resources available
to | 14 | | it. 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 | 17 | | the unit has been broken by
absence of one or more members of | 18 | | the 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 |
| | | HB1416 | - 2 - | LRB102 03432 KTG 13445 b |
|
| 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
| 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
| 7 | | through the intercept programs provided for in this Article.
| 8 | | The child support enforcement services provided hereunder
| 9 | | shall be
furnished dependents of an absent parent or spouse | 10 | | who are applicants
for or recipients of financial aid under | 11 | | this 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.
| 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
| 26 | | Illinois Department of Public Aid) or local governmental unit |
| | | HB1416 | - 3 - | LRB102 03432 KTG 13445 b |
|
| 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.
| 5 | | The Department of Healthcare and Family Services shall | 6 | | also furnish the child support enforcement services | 7 | | established under this Article in
behalf of persons who
are | 8 | | not applicants for or recipients of financial aid
under this | 9 | | Code in accordance with the requirements of Title IV, Part D of | 10 | | the
Social Security Act. The Department may
establish a | 11 | | schedule of reasonable fees, to be paid for the services
| 12 | | provided and may deduct a collection fee, not to exceed 10% of | 13 | | the amount
collected, from such collection.
The
Department of | 14 | | Healthcare and Family Services shall cause to be published and
| 15 | | distributed publications
reasonably calculated to inform the | 16 | | public that individuals who are not
recipients of or | 17 | | applicants for public aid under this Code are eligible
for the | 18 | | child support enforcement services under this
Article X. Such
| 19 | | publications
shall set forth an explanation, in plain | 20 | | language, that the child
support enforcement services program | 21 | | is independent of any public
aid program under the Code and | 22 | | that the receiving of child
support
enforcement services in no | 23 | | way implies that the person
receiving such services is | 24 | | receiving
public aid.
| 25 | | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
|
|