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90_HB3651
305 ILCS 5/3-1.2 from Ch. 23, par. 3-1.2
Amends the "Aid to the Aged, Blind, or Disabled" Article
of the Public Aid Code. Provides that in determining an
individual's resources and need for assistance the Department
of Human Services shall exclude from consideration the value
of any funds specifically set aside for the funeral and
burial arrangements of the individual or his or her
dependents, including prepaid funeral and burial plans.
(Now, exclusion of those items is limited to the amount
excluded from consideration under the federal Supplemental
Security Income program.)
LRB9010093DJcd
LRB9010093DJcd
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 3-1.2.
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 changing Section 3-1.2 as follows:
7 (305 ILCS 5/3-1.2) (from Ch. 23, par. 3-1.2)
8 Sec. 3-1.2. Need. Income available to the person, when
9 added to contributions in money, substance, or services from
10 other sources, including contributions from legally
11 responsible relatives, must be insufficient to equal the
12 grant amount established by Department regulation for such
13 person.
14 In determining earned income to be taken into account,
15 consideration shall be given to any expenses reasonably
16 attributable to the earning of such income. If federal law or
17 regulations permit or require exemption of earned or other
18 income and resources, the Illinois Department shall provide
19 by rule and regulation that the amount of income to be
20 disregarded be increased (1) to the maximum extent so
21 required and (2) to the maximum extent permitted by federal
22 law or regulation in effect as of the date this Amendatory
23 Act becomes law. The Illinois Department may also provide by
24 rule and regulation that the amount of resources to be
25 disregarded be increased to the maximum extent so permitted
26 or required.
27 In determining the resources of an individual or any
28 dependents, the Department shall exclude from consideration
29 the value of funeral and burial spaces, grave markers, and
30 other funeral and burial merchandise, and funeral and burial
31 insurance the proceeds of which can only be used to pay the
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1 funeral and burial expenses of the insured and funds
2 specifically set aside for the funeral and burial
3 arrangements of the individual or his or her dependents,
4 including prepaid funeral and burial plans, to the same
5 extent that such items are excluded from consideration under
6 the federal Supplemental Security Income program. In
7 determining the resources of an individual or any dependents,
8 the Department shall exclude from consideration the value of
9 any funds specifically set aside for the funeral and burial
10 arrangements of the individual or his or her dependents,
11 including prepaid funeral and burial plans.
12 The homestead shall be exempt from consideration except
13 to the extent that it meets the income and shelter needs of
14 the person. "Homestead" means the dwelling house and
15 contiguous real estate owned and occupied by the person,
16 regardless of its value.
17 Occasional or irregular gifts in cash, goods or services
18 from persons who are not legally responsible relatives which
19 are of nominal value or which do not have significant effect
20 in meeting essential requirements shall be disregarded. The
21 eligibility of any applicant for or recipient of public aid
22 under this Article is not affected by the payment of any
23 grant under the "Senior Citizens and Disabled Persons
24 Property Tax Relief and Pharmaceutical Assistance Act".
25 The Illinois Department may, after appropriate
26 investigation, establish and implement a consolidated
27 standard to determine need and eligibility for and amount of
28 benefits under this Article or a uniform cash supplement to
29 the federal Supplemental Security Income program for all or
30 any part of the then current recipients under this Article;
31 provided, however, that the establishment or implementation
32 of such a standard or supplement shall not result in
33 reductions in benefits under this Article for the then
34 current recipients of such benefits.
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1 (Source: P.A. 84-1308.)