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90_HB1129
305 ILCS 5/4-20 new
Amends the Aid to Families with Dependent Children
Article of the Illinois Public Aid Code. Provides that the
Department of Human Services, as the successor agency to the
Department of Public Aid for the purpose of administering the
AFDC program, shall apply the same budgeting process to
income from child support as it does for earned income, but
not counting as income the first $50 in child support
received each month. Provides that families may choose to
have the unearned income of a household member who is not
included in the assistance unit budgeted as earned income of
the assistance unit. Effective July 1, 1997.
LRB9003120SMdvA
LRB9003120SMdvA
1 AN ACT to amend the Illinois Public Aid Code by adding
2 Section 4-20.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 adding Section 4-20 as follows:
7 (305 ILCS 5/4-20 new)
8 Sec. 4-20. Child support income budgeting.
9 (a) Legislative findings. The General Assembly finds
10 that families receiving aid under this Article should be
11 encouraged to secure income from child support to better
12 position themselves for transition off welfare. The General
13 Assembly further finds that the current methods of budgeting
14 unearned income for families receiving aid under this Article
15 is complicated and penalizes families with income from child
16 support as compared to families with earned income from
17 employment.
18 (b) The Department shall apply the same budgeting
19 process to income from child support as it does to earned
20 income from employment under Section 4-1.6a of this Code.
21 However, with regard to income from child support, the
22 Department shall pass through to families on assistance the
23 first $50 of child support collected each month on the
24 families' behalf, disregard the amount passed through as
25 income in the budgeting process, and apply the budgeting
26 process for earned income to the amount of child support
27 collected each month that exceeds $50.
28 (c) Families receiving assistance under this Article who
29 are entitled under federal or State law or court order to
30 have the unearned income of a household member who is not
31 included in the assistance unit earmarked or excluded from
-2- LRB9003120SMdvA
1 consideration in the budgeting process shall have the right
2 to choose whether to have that unearned income earmarked or
3 excluded or to have it budgeted according to subsection (b).
4 Section 99. Effective date. This Act takes effect July
5 1, 1997.