State of Illinois
92nd General Assembly
Legislation

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92_HB4477

 
                                               LRB9211949DJgc

 1        AN ACT in relation to 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
 8    Eligible  for  Child  and  Spouse Support Services - Fees for
 9    Non-Applicants and Non-Recipients.)  It is the intent of  the
10    Illinois  Public  Aid  this  Code  that the financial aid and
11    social welfare services  herein  provided  supplement  rather
12    than  supplant  the  primary and continuing obligation of the
13    family unit for self-support to the fullest extent  permitted
14    by the resources available to it. This primary and continuing
15    obligation  applies  whether  the  family unit of parents and
16    children or of husband and wife remains intact and resides in
17    a common household or whether the unit  has  been  broken  by
18    absence  of  one or more members of the unit.  The obligation
19    of the family unit is particularly applicable when  a  member
20    is  in  necessitous  circumstances  and  lacks the means of a
21    livelihood compatible with health and well-being.
22        It is the purpose of this Article to provide for locating
23    an absent parent or spouse,  for  determining  his  financial
24    circumstances,  and  for  enforcing  his  legal obligation of
25    support, if he is able to furnish support,  in  whole  or  in
26    part.   The  Illinois  Department  of  Public  Aid shall give
27    priority  to  establishing,  enforcing  and  collecting   the
28    current support obligation, and then to past due support owed
29    to  the  family  unit,  except  with  respect  to collections
30    effected through the intercept programs provided for in  this
31    Article.
 
                            -2-                LRB9211949DJgc
 1        The  child and spouse support services provided hereunder
 2    shall be furnished dependents of an absent parent  or  spouse
 3    who  are applicants for or  recipients of financial aid under
 4    this Code.  It is not, however, a  condition  of  eligibility
 5    for  financial aid that there be no responsible relatives who
 6    are reasonably  able  to  provide  support.  Nor,  except  as
 7    provided  in  Sections 4-1.7 and 10-8, shall the existence of
 8    such relatives or  their  payment  of  support  contributions
 9    disqualify a needy person for financial aid.
10        By accepting financial aid under this Code, a spouse or a
11    parent  or  other  person  having custody of a child shall be
12    deemed to have made assignment to the Illinois Department for
13    aid under  Articles  III,  IV,  V  and  VII  or  to  a  local
14    governmental  unit  for  aid  under Article VI of any and all
15    rights, title, and interest in any support obligation  up  to
16    the  amount of financial aid provided.  The rights to support
17    assigned to the Illinois Department of Public  Aid  or  local
18    governmental  unit  shall  constitute  an obligation owed the
19    State or  local  governmental  unit  by  the  person  who  is
20    responsible   for   providing   the  support,  and  shall  be
21    collectible under all applicable processes.
22        The Illinois Department of Public Aid shall also  furnish
23    the  child and spouse support services established under this
24    Article in behalf of persons who are not  applicants  for  or
25    recipients  of  financial  aid  under this Code in accordance
26    with the requirements of Title  IV,  Part  D  of  the  Social
27    Security  Act.   The  Department  may establish a schedule of
28    reasonable fees, to be paid for the services provided and may
29    deduct a collection fee, not to  exceed  10%  of  the  amount
30    collected,  from  such collection. The Illinois Department of
31    Public Aid  shall  cause  to  be  published  and  distributed
32    publications  reasonably calculated to inform the public that
33    individuals who are  not  recipients  of  or  applicants  for
34    public  aid  under  this  Code are eligible for the child and
 
                            -3-                LRB9211949DJgc
 1    spouse  support  services  under  this   Article   X.    Such
 2    publications   shall  set  forth  an  explanation,  in  plain
 3    language, that the child and spouse support services  program
 4    is  independent  of any public aid program under the Code and
 5    that the receiving of child and spouse support service in  no
 6    way  implies  that  the  person  receiving  such  service  is
 7    receiving public aid.
 8    (Source: P.A. 90-18, eff. 7-1-97.)

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