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90_SB1831
305 ILCS 5/4-2 from Ch. 23, par. 4-2
Amends the Temporary Assistance for Needy Families
Article of the Illinois Public Aid Code. In provisions
authorizing the Department of Human Services to reduce cash
grant amounts to ensure that cash benefits do not exceed
amounts appropriated, provides that the Department may make a
reduction at any time within a fiscal year (rather than after
December 31 of any fiscal year if the Department determines
that the caseload upon which the appropriations for the
current fiscal year are based has increased by more than 5%).
Effective immediately.
LRB9007920SMpk
LRB9007920SMpk
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 4-2.
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 4-2 as follows:
7 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
8 (Text of Section before amendment by P.A. 90-372)
9 Sec. 4-2. Amount of aid.
10 (a) The amount and nature of financial aid shall be
11 determined in accordance with the grant amounts, rules and
12 regulations of the Illinois Department. Due regard shall be
13 given to the self-sufficiency requirements of the family and
14 to the income, money contributions and other support and
15 resources available, from whatever source. Beginning July 1,
16 1992, the supplementary grants previously paid under this
17 Section shall no longer be paid. However, the amount and
18 nature of any financial aid is not affected by the payment of
19 any grant under the "Senior Citizens and Disabled Persons
20 Property Tax Relief and Pharmaceutical Assistance Act". The
21 aid shall be sufficient, when added to all other income,
22 money contributions and support to provide the family with a
23 grant in the amount established by Department regulation.
24 (b) The Illinois Department may conduct special
25 projects, which may be known as Grant Diversion Projects,
26 under which recipients of financial aid under this Article
27 are placed in jobs and their grants are diverted to the
28 employer who in turn makes payments to the recipients in the
29 form of salary or other employment benefits. The Illinois
30 Department shall by rule specify the terms and conditions of
31 such Grant Diversion Projects. Such projects shall take into
-2- LRB9007920SMpk
1 consideration and be coordinated with the programs
2 administered under the Illinois Emergency Employment
3 Development Act.
4 (c) The amount and nature of the financial aid for a
5 child requiring care outside his own home shall be determined
6 in accordance with the rules and regulations of the Illinois
7 Department, with due regard to the needs and requirements of
8 the child in the foster home or institution in which he has
9 been placed.
10 (d) If the Department establishes grants for family
11 units consisting exclusively of a pregnant woman with no
12 dependent child or including her husband if living with her,
13 the grant amount for such a unit shall be equal to the grant
14 amount for an assistance unit consisting of one adult, or 2
15 persons if the husband is included. Other than as herein
16 described, an unborn child shall not be counted in
17 determining the size of an assistance unit or for calculating
18 grants.
19 Payments for basic maintenance requirements of a child or
20 children and the relative with whom the child or children are
21 living shall be prescribed, by rule, by the Illinois
22 Department.
23 These grants may be increased in the following circumstances:
24 1. If the child is living with both parents or with
25 persons standing in the relationship of parents, and if
26 the grant is necessitated because of the unemployment or
27 insufficient earnings of the parent or parents and
28 neither parent is receiving benefits under "The
29 Unemployment Compensation Act", approved June 30, 1937,
30 as amended, the maximum may be increased by not more than
31 $25.
32 2. If a child is age 13 or over, the maximum may be
33 increased by not more than $15.
34 The allowances provided under Article IX for recipients
-3- LRB9007920SMpk
1 participating in the training and rehabilitation programs
2 shall be in addition to the maximum payments established in
3 this Section.
4 Grants under this Article shall not be supplemented by
5 General Assistance provided under Article VI.
6 (e) Grants shall be paid to the parent or other person
7 with whom the child or children are living, except for such
8 amount as is paid in behalf of the child or his parent or
9 other relative to other persons or agencies pursuant to this
10 Code or the rules and regulations of the Illinois Department.
11 (f) An assistance unit, receiving financial aid under
12 this Article or temporarily ineligible to receive aid under
13 this Article under a penalty imposed by the Illinois
14 Department for failure to comply with the eligibility
15 requirements or that voluntarily requests termination of
16 financial assistance under this Article and becomes
17 subsequently eligible for assistance within 9 months, shall
18 not receive any increase in the amount of aid solely on
19 account of the birth of a child; except that an increase is
20 not prohibited when the birth is (i) of a child of a pregnant
21 woman who became eligible for aid under this Article during
22 the pregnancy, or (ii) of a child born within 10 months after
23 the date of implementation of this subsection, or (iii) of a
24 child conceived after a family became ineligible for
25 assistance due to income or marriage and at least 3 months of
26 ineligibility expired before any reapplication for
27 assistance. This subsection does not, however, prevent a
28 unit from receiving a general increase in the amount of aid
29 that is provided to all recipients of aid under this Article.
30 The Illinois Department is authorized to transfer funds,
31 and shall use any budgetary savings attributable to not
32 increasing the grants due to the births of additional
33 children, to supplement existing funding for employment and
34 training services for recipients of aid under this Article
-4- LRB9007920SMpk
1 IV. The Illinois Department shall target, to the extent the
2 supplemental funding allows, employment and training services
3 to the families who do not receive a grant increase after the
4 birth of a child. In addition, the Illinois Department shall
5 provide, to the extent the supplemental funding allows, such
6 families with up to 24 months of transitional child care
7 pursuant to Illinois Department rules. All remaining
8 supplemental funds shall be used for employment and training
9 services or transitional child care support.
10 In making the transfers authorized by this subsection,
11 the Illinois Department shall first determine, pursuant to
12 regulations adopted by the Illinois Department for this
13 purpose, the amount of savings attributable to not increasing
14 the grants due to the births of additional children.
15 Transfers may be made from General Revenue Fund
16 appropriations for distributive purposes authorized by
17 Article IV of this Code only to General Revenue Fund
18 appropriations for employability development services
19 including operating and administrative costs and related
20 distributive purposes under Article IXA of this Code. The
21 Director, with the approval of the Governor, shall certify
22 the amount and affected line item appropriations to the State
23 Comptroller.
24 The Illinois Department shall apply for all waivers of
25 federal law and regulations necessary to implement this
26 subsection; implementation of this subsection is contingent
27 on the Illinois Department receiving all necessary federal
28 waivers. The Illinois Department may implement this
29 subsection through the use of emergency rules in accordance
30 with Section 5-45 of the Illinois Administrative Procedure
31 Act. For purposes of the Illinois Administrative Procedure
32 Act, the adoption of rules to implement this subsection shall
33 be considered an emergency and necessary for the public
34 interest, safety, and welfare.
-5- LRB9007920SMpk
1 Nothing in this subsection shall be construed to prohibit
2 the Illinois Department from using funds under this Article
3 IV to provide assistance in the form of vouchers that may be
4 used to pay for goods and services deemed by the Illinois
5 Department, by rule, as suitable for the care of the child
6 such as diapers, clothing, school supplies, and cribs.
7 (g) Notwithstanding any other provision of this Code to
8 the contrary, the Illinois Department is authorized to reduce
9 or eliminate payments for supplementary grants under the
10 first paragraph of this Section as necessary to implement
11 contingency reserves under the Emergency Budget Act of Fiscal
12 Year 1992, to the extent permitted by federal law. Any such
13 reduction or elimination shall expire on July 1, 1992.
14 (h) Notwithstanding any other provision of this Code,
15 the Illinois Department is authorized to reduce payment
16 levels used to determine cash grants under this Article at
17 any time within a fiscal year after December 31 of any fiscal
18 year if the Illinois Department determines that the caseload
19 upon which the appropriations for the current fiscal year are
20 based have increased by more than 5% and the appropriation is
21 not sufficient to ensure that cash benefits under this
22 Article do not exceed the amounts appropriated for those cash
23 benefits. Reductions in payment levels may be accomplished
24 by emergency rule under Section 5-45 of the Illinois
25 Administrative Procedure Act, except that the limitation on
26 the number of emergency rules that may be adopted in a
27 24-month period shall not apply and the provisions of
28 Sections 5-115 and 5-125 of the Illinois Administrative
29 Procedure Act shall not apply. Increases in payment levels
30 shall be accomplished only in accordance with Section 5-40 of
31 the Illinois Administrative Procedure Act. Before any rule
32 to increase payment levels promulgated under this Section
33 shall become effective, a joint resolution approving the rule
34 must be adopted by a roll call vote by a majority of the
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1 members elected to each chamber of the General Assembly.
2 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
3 89-641, eff. 8-9-96; 90-17, eff. 7-1-97.)
4 (Text of Section after amendment by P.A. 90-372)
5 Sec. 4-2. Amount of aid.
6 (a) The amount and nature of financial aid shall be
7 determined in accordance with the grant amounts, rules and
8 regulations of the Illinois Department. Due regard shall be
9 given to the self-sufficiency requirements of the family and
10 to the income, money contributions and other support and
11 resources available, from whatever source. Beginning July 1,
12 1992, the supplementary grants previously paid under this
13 Section shall no longer be paid. However, the amount and
14 nature of any financial aid is not affected by the payment of
15 any grant under the "Senior Citizens and Disabled Persons
16 Property Tax Relief and Pharmaceutical Assistance Act". The
17 aid shall be sufficient, when added to all other income,
18 money contributions and support to provide the family with a
19 grant in the amount established by Department regulation.
20 (b) The Illinois Department may conduct special
21 projects, which may be known as Grant Diversion Projects,
22 under which recipients of financial aid under this Article
23 are placed in jobs and their grants are diverted to the
24 employer who in turn makes payments to the recipients in the
25 form of salary or other employment benefits. The Illinois
26 Department shall by rule specify the terms and conditions of
27 such Grant Diversion Projects. Such projects shall take into
28 consideration and be coordinated with the programs
29 administered under the Illinois Emergency Employment
30 Development Act.
31 (c) The amount and nature of the financial aid for a
32 child requiring care outside his own home shall be determined
33 in accordance with the rules and regulations of the Illinois
34 Department, with due regard to the needs and requirements of
-7- LRB9007920SMpk
1 the child in the foster home or institution in which he has
2 been placed.
3 (d) If the Department establishes grants for family
4 units consisting exclusively of a pregnant woman with no
5 dependent child or including her husband if living with her,
6 the grant amount for such a unit shall be equal to the grant
7 amount for an assistance unit consisting of one adult, or 2
8 persons if the husband is included. Other than as herein
9 described, an unborn child shall not be counted in
10 determining the size of an assistance unit or for calculating
11 grants.
12 Payments for basic maintenance requirements of a child or
13 children and the relative with whom the child or children are
14 living shall be prescribed, by rule, by the Illinois
15 Department.
16 These grants may be increased in the following circumstances:
17 1. If the child is living with both parents or with
18 persons standing in the relationship of parents, and if
19 the grant is necessitated because of the unemployment or
20 insufficient earnings of the parent or parents and
21 neither parent is receiving benefits under "The
22 Unemployment Compensation Act", approved June 30, 1937,
23 as amended, the maximum may be increased by not more than
24 $25.
25 2. If a child is age 13 or over, the maximum may be
26 increased by not more than $15.
27 The allowances provided under Article IX for recipients
28 participating in the training and rehabilitation programs
29 shall be in addition to the maximum payments established in
30 this Section.
31 Grants under this Article shall not be supplemented by
32 General Assistance provided under Article VI.
33 (e) Grants shall be paid to the parent or other person
34 with whom the child or children are living, except for such
-8- LRB9007920SMpk
1 amount as is paid in behalf of the child or his parent or
2 other relative to other persons or agencies pursuant to this
3 Code or the rules and regulations of the Illinois Department.
4 (f) An assistance unit, receiving financial aid under
5 this Article or temporarily ineligible to receive aid under
6 this Article under a penalty imposed by the Illinois
7 Department for failure to comply with the eligibility
8 requirements or that voluntarily requests termination of
9 financial assistance under this Article and becomes
10 subsequently eligible for assistance within 9 months, shall
11 not receive any increase in the amount of aid solely on
12 account of the birth of a child; except that an increase is
13 not prohibited when the birth is (i) of a child of a pregnant
14 woman who became eligible for aid under this Article during
15 the pregnancy, or (ii) of a child born within 10 months after
16 the date of implementation of this subsection, or (iii) of a
17 child conceived after a family became ineligible for
18 assistance due to income or marriage and at least 3 months of
19 ineligibility expired before any reapplication for
20 assistance. This subsection does not, however, prevent a
21 unit from receiving a general increase in the amount of aid
22 that is provided to all recipients of aid under this Article.
23 The Illinois Department is authorized to transfer funds,
24 and shall use any budgetary savings attributable to not
25 increasing the grants due to the births of additional
26 children, to supplement existing funding for employment and
27 training services for recipients of aid under this Article
28 IV. The Illinois Department shall target, to the extent the
29 supplemental funding allows, employment and training services
30 to the families who do not receive a grant increase after the
31 birth of a child. In addition, the Illinois Department shall
32 provide, to the extent the supplemental funding allows, such
33 families with up to 24 months of transitional child care
34 pursuant to Illinois Department rules. All remaining
-9- LRB9007920SMpk
1 supplemental funds shall be used for employment and training
2 services or transitional child care support.
3 In making the transfers authorized by this subsection,
4 the Illinois Department shall first determine, pursuant to
5 regulations adopted by the Illinois Department for this
6 purpose, the amount of savings attributable to not increasing
7 the grants due to the births of additional children.
8 Transfers may be made from General Revenue Fund
9 appropriations for distributive purposes authorized by
10 Article IV of this Code only to General Revenue Fund
11 appropriations for employability development services
12 including operating and administrative costs and related
13 distributive purposes under Article IXA of this Code. The
14 Director, with the approval of the Governor, shall certify
15 the amount and affected line item appropriations to the State
16 Comptroller.
17 The Illinois Department shall apply for all waivers of
18 federal law and regulations necessary to implement this
19 subsection; implementation of this subsection is contingent
20 on the Illinois Department receiving all necessary federal
21 waivers. The Illinois Department may implement this
22 subsection through the use of emergency rules in accordance
23 with Section 5-45 of the Illinois Administrative Procedure
24 Act. For purposes of the Illinois Administrative Procedure
25 Act, the adoption of rules to implement this subsection shall
26 be considered an emergency and necessary for the public
27 interest, safety, and welfare.
28 Nothing in this subsection shall be construed to prohibit
29 the Illinois Department from using funds under this Article
30 IV to provide assistance in the form of vouchers that may be
31 used to pay for goods and services deemed by the Illinois
32 Department, by rule, as suitable for the care of the child
33 such as diapers, clothing, school supplies, and cribs.
34 (g) (Blank).
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1 (h) Notwithstanding any other provision of this Code,
2 the Illinois Department is authorized to reduce payment
3 levels used to determine cash grants under this Article at
4 any time within a fiscal year after December 31 of any fiscal
5 year if the Illinois Department determines that the caseload
6 upon which the appropriations for the current fiscal year are
7 based have increased by more than 5% and the appropriation is
8 not sufficient to ensure that cash benefits under this
9 Article do not exceed the amounts appropriated for those cash
10 benefits. Reductions in payment levels may be accomplished
11 by emergency rule under Section 5-45 of the Illinois
12 Administrative Procedure Act, except that the limitation on
13 the number of emergency rules that may be adopted in a
14 24-month period shall not apply and the provisions of
15 Sections 5-115 and 5-125 of the Illinois Administrative
16 Procedure Act shall not apply. Increases in payment levels
17 shall be accomplished only in accordance with Section 5-40 of
18 the Illinois Administrative Procedure Act. Before any rule
19 to increase payment levels promulgated under this Section
20 shall become effective, a joint resolution approving the rule
21 must be adopted by a roll call vote by a majority of the
22 members elected to each chamber of the General Assembly.
23 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
24 89-641, eff. 8-9-96; 90-17, eff. 7-1-97; 90-372, eff. 7-1-98;
25 revised 11-18-97.)
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.