State of Illinois
92nd General Assembly
Legislation

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92_SB1781

 
                                               LRB9215852DJgc

 1        AN ACT in relation to public aid.

 2        WHEREAS, The General Assembly finds that there  has  been
 3    no  general  adjustment in the grant amounts under Article IV
 4    of the Illinois Public Aid Code to  reflect  changes  in  the
 5    cost of subsistence needs since 1989; and

 6        WHEREAS,  The  grant  amounts  have fallen far behind the
 7    cost of subsistence needs, especially the  costs  of  private
 8    market housing, which have far outpaced the general increases
 9    in the cost of living; and

10        WHEREAS,  The  Temporary  Assistance  for  Needy Families
11    program under Article IV of the Illinois Public Aid  Code  is
12    now  a  time-limited  program  with  vigorous  work  activity
13    requirements; and

14        WHEREAS,  Many  recipients  are  employed, and all of the
15    unemployed recipients must pursue  employment  or  activities
16    directed at increasing their employability; and

17        WHEREAS,  Stable  housing  is a crucial ingredient in the
18    success of these efforts and the earliest possible exit  from
19    the program; and

20        WHEREAS,  Inability to meet housing costs interferes with
21    these work efforts and delays exit  from  the  program,  and,
22    among  families  with  difficult  problem delaying their exit
23    from the program, such as disabilities within the family, the
24    inability to meet housing costs threatens  their  health  and
25    well-being; and

26        WHEREAS,  The  General  Assembly  finds  that  a  crucial
27    support for the welfare-to-work effort is a housing allowance
28    for  families  participating  in the Temporary Assistance for
29    Needy Families  program  who  do  not  receive  a  government
30    housing subsidy or reside in public housing; therefore,

 
                            -2-                LRB9215852DJgc
 1        Be  it  enacted  by  the People of the State of Illinois,
 2    represented in the General Assembly:

 3        Section 5.  The Illinois Public Aid Code  is  amended  by
 4    changing Section 12-4.11 as follows:

 5        (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
 6        Sec.  12-4.11.  Grant amounts.   The Department, with due
 7    regard  for  and  subject  to  budgetary  limitations,  shall
 8    establish  grant  amounts  for  each  of  the  programs,   by
 9    regulation.   The  grant amounts may vary by program, size of
10    assistance unit and geographic area. Effective July 1,  2002,
11    the Department shall establish a housing allowance to include
12    in  the  grant  amounts  under  Article IV of this Code.  The
13    housing allowance shall be provided in the grant amounts  for
14    families  in  each  month  as  to which they do not reside in
15    public housing or receive  a  governmental  housing  subsidy.
16    Effective  July 1, 2002, the housing allowance shall be equal
17    to 15% of the grant  amounts  effective  on  June  30,  2002.
18    Effective  July  1,  2003,  the Department shall increase the
19    housing allowance by a  further  15%  of  the  grant  amounts
20    effective on June 30, 2002.
21        Aid payments shall not be reduced except: (1) for changes
22    in  the  cost  of items included in the grant amounts, or (2)
23    for changes in the expenses of  the  recipient,  or  (3)  for
24    changes   in   the  income  or  resources  available  to  the
25    recipient, or  (4)  for  changes  in  grants  resulting  from
26    adoption of a consolidated grant amount.
27        In  fixing standards to govern payments or reimbursements
28    for  funeral  and  burial  expenses,  the  Department   shall
29    establish  a minimum allowable amount of not less than $1,000
30    for Department payment of funeral services and not less  than
31    $500  for Department payment of burial or cremation services.
32    In establishing the minimum allowable amount, the  Department
 
                            -3-                LRB9215852DJgc
 1    shall   take   into  account  the  services  essential  to  a
 2    dignified, low-cost (i) funeral and (ii) burial or cremation,
 3    including reasonable amounts that may be necessary for burial
 4    space and cemetery charges, and any applicable taxes or other
 5    required governmental fees  or  charges.  If  no  person  has
 6    agreed  to  pay  the  total  cost of the (i) funeral and (ii)
 7    burial or cremation charges, the  Department  shall  pay  the
 8    vendor the actual costs of the (i) funeral and (ii) burial or
 9    cremation,  or  the minimum allowable amount for each service
10    as established by the Department, whichever is less, provided
11    that the  Department  reduces  its  payments  by  the  amount
12    available  from  the following sources: the decedent's assets
13    and available resources and the anticipated  amounts  of  any
14    death  benefits  available  to  the  decedent's  estate,  and
15    amounts  paid  and  arranged  to  be  paid  by the decedent's
16    legally responsible relatives. A legally responsible relative
17    is expected to pay (i) funeral and (ii) burial  or  cremation
18    expenses unless financially unable to do so.
19        Nothing contained in this Section or in any other Section
20    of  this  Code  shall  be  construed to prohibit the Illinois
21    Department (1) from consolidating existing standards  on  the
22    basis  of  any  standards  which are or were in effect on, or
23    subsequent to  July  1,  1969,  or  (2)  from  employing  any
24    consolidated standards in determining need for public aid and
25    the   amount   of  money  payment  or  grant  for  individual
26    recipients or recipient families.
27    (Source: P.A. 91-24, eff. 7-1-99; 92-419, eff. 1-1-02.)

28        Section 99.  Effective date.  This Act  takes  effect  on
29    July 1, 2002.

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