State of Illinois
90th General Assembly
Legislation

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90_HB0184

      320 ILCS 25/4             from Ch. 67 1/2, par. 404
          Amends the Senior Citizens and Disabled Persons  Property
      Tax  Relief and Pharmaceutical Assistance Act to increase the
      maximum income  for  eligibility  from  $14,000  to  $16,000.
      Provides  that the maximum grant for claimants with an income
      of $14,000 or more but less than $16,000  is  $70.  Effective
      January 1, 1998.
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 1        AN  ACT to amend the Senior Citizens and Disabled Persons
 2    Property Tax Relief  and  Pharmaceutical  Assistance  Act  by
 3    changing Section 4.
 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:
 6        Section 5.  The  Senior  Citizens  and  Disabled  Persons
 7    Property  Tax  Relief  and  Pharmaceutical  Assistance Act is
 8    amended by changing Section 4 as follows:
 9        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
10        Sec. 4.  Amount of Grant.
11        (a)  In general. Any individual 65 years or older or  any
12    individual  who  will become 65 years old during the calendar
13    year in which a claim is filed, and any surviving  spouse  of
14    such  a  claimant,  who  at the time of death received or was
15    entitled to receive a grant pursuant to this  Section,  which
16    surviving  spouse  will  become 65 years of age within the 24
17    months immediately following the death of such  claimant  and
18    which  surviving  spouse  but for his or her age is otherwise
19    qualified to receive a grant pursuant to  this  Section,  and
20    any  disabled  person  whose  annual household income is less
21    than $16,000  $14,000  and  whose  household  is  liable  for
22    payment   of   property   taxes  accrued  or  has  paid  rent
23    constituting property taxes accrued and is domiciled in  this
24    State  at  the time he files his claim is entitled to claim a
25    grant under  this  Act.  With  respect  to  claims  filed  by
26    individuals  who will become 65 years old during the calendar
27    year in which a claim is filed, the amount of  any  grant  to
28    which  that household is entitled shall be an amount equal to
29    1/12 of the amount to which the claimant would  otherwise  be
30    entitled  as  provided  in  this  Section,  multiplied by the
31    number of months in which the claimant was 65 in the calendar
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 1    year in which the claim is filed.
 2        (b)  Limitation.   Except  as   otherwise   provided   in
 3    subsections  (a)  and (f) of this Section, the maximum amount
 4    of grant which a claimant is entitled to claim is the  amount
 5    by  which  the  property  taxes  accrued  which  were paid or
 6    payable  during  the  last  preceding  tax   year   or   rent
 7    constituting  property  taxes  accrued  upon  the  claimant's
 8    residence  for the last preceding taxable year exceeds 3 1/2%
 9    of the claimant's household income for that year  but  in  no
10    event  is the grant to exceed (i) $700 less 4.5% of household
11    income for that year if the household  income  is  less  than
12    $14,000  or (ii) $70 if the household income for that year is
13    $14,000 or more but less than $16,000.
14        (c)  Public aid recipients.  If household income  in  one
15    or  more  months  during  a  year includes cash assistance in
16    excess of $55 per month from the Department of Public Aid  or
17    the  Department of Human Services (acting as successor to the
18    Department of  Public  Aid  under  the  Department  of  Human
19    Services Act)  which was determined under regulations of that
20    Department  on  a  measure of need that included an allowance
21    for actual rent or property taxes paid by  the  recipient  of
22    that  assistance, the amount of grant to which that household
23    is entitled, except as otherwise provided in subsection  (a),
24    shall  be  the  product of (1) the maximum amount computed as
25    specified in subsection (b) of this Section and (2) the ratio
26    of the number of months in which  household  income  did  not
27    include  such  cash assistance over $55 to the number twelve.
28    If household income did not include such cash assistance over
29    $55 for any months during the year, the amount of  the  grant
30    to  which  the  household  is  entitled  shall be the maximum
31    amount computed  as  specified  in  subsection  (b)  of  this
32    Section.    For   purposes   of  this  paragraph  (c),  "cash
33    assistance" does not include any amount  received  under  the
34    federal Supplemental Security Income (SSI) program.
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 1        (d)  Joint  ownership.  If title to the residence is held
 2    jointly by the claimant with a person who is not a member  of
 3    his  household,  the amount of property taxes accrued used in
 4    computing the amount of grant to which he is  entitled  shall
 5    be  the  same  percentage of property taxes accrued as is the
 6    percentage  of  ownership  held  by  the  claimant   in   the
 7    residence.
 8        (e)  More than one residence.  If a claimant has occupied
 9    more  than  one  residence  in the taxable year, he may claim
10    only one residence for any part of a month.  In the  case  of
11    property  taxes  accrued, he shall pro rate 1/12 of the total
12    property taxes accrued on his residence to each month that he
13    owned and occupied that residence; and, in the case  of  rent
14    constituting  property  taxes  accrued,  shall  pro rate each
15    month's rent payments  to  the  residence  actually  occupied
16    during that month.
17        (f)  There   is   hereby   established   a   program   of
18    pharmaceutical  assistance  to  the  aged  and disabled which
19    shall be administered by the Department  in  accordance  with
20    this Act, to consist of payments to authorized pharmacies, on
21    behalf  of  beneficiaries  of the program, for the reasonable
22    costs of covered prescription drugs.   Each  beneficiary  who
23    pays  $40  for an identification card shall pay the first $15
24    of prescription costs each month.  Each beneficiary who  pays
25    $80  for  an  identification  card shall pay the first $25 of
26    prescription  costs  each  month.   In  addition,   after   a
27    beneficiary  receives  $800 in benefits during a State fiscal
28    year, that beneficiary shall also be charged 20% of the  cost
29    of  each  prescription  for  which  payments  are made by the
30    program during the remainder of the fiscal year.  To become a
31    beneficiary under this program a person must be: (1)  (i)  65
32    years  or  older,  or  (ii)  the  surviving  spouse of such a
33    claimant, who at the time of death received or  was  entitled
34    to  receive  benefits  pursuant  to  this  subsection,  which
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 1    surviving  spouse  will  become 65 years of age within the 24
 2    months immediately following the death of such  claimant  and
 3    which  surviving  spouse  but for his or her age is otherwise
 4    qualified to receive benefits pursuant to this subsection, or
 5    (iii) disabled, and (2) is domiciled in  this  State  at  the
 6    time  he  files  his  or  her  claim,  and  (3) has a maximum
 7    household income of less than $16,000 $14,000.  In  addition,
 8    each  eligible  person must (1) obtain an identification card
 9    from the Department, (2) at the time the  card  is  obtained,
10    sign  a statement assigning to the State of Illinois benefits
11    which may be otherwise claimed under  any  private  insurance
12    plans,  (3) present the identification card to the dispensing
13    pharmacist.
14        Any  person   otherwise   eligible   for   pharmaceutical
15    assistance  under this Act whose covered drugs are covered by
16    any public program for assistance in purchasing  any  covered
17    prescription  drugs  shall be ineligible for assistance under
18    this Act to the extent such costs are covered by  such  other
19    plan.
20        The   fee  to  be  charged  by  the  Department  for  the
21    identification card shall be equal to $40 for  persons  below
22    the  official  poverty  line  as defined by the United States
23    Department of Health and Human Services and $80 for all other
24    persons.
25        In the event that 2 or more persons are eligible for  any
26    benefit   under  this  Act,  and  are  members  of  the  same
27    household,  (1)  each  such  person  shall  be  entitled   to
28    participate   in   the   pharmaceutical  assistance  program,
29    provided that he or she meets all other requirements  imposed
30    by  this  subsection  and  (2)  each  participating household
31    member contributes the fee required for that  person  by  the
32    preceding   paragraph   for   the  purpose  of  obtaining  an
33    identification card. Persons eligible for any  benefit  under
34    this  Act  due  to  become  65  in  calendar year 1984 or any
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 1    subsequent calendar year  in  which  a  claim  is  filed  are
 2    excluded  from  the benefit prescribed in this subsection (g)
 3    for the calendar year in which they become 65.
 4    (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
 5        Section 99.   Effective  date.   This  Act  takes  effect
 6    January 1, 1998.

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