Public Act 90-0326 of the 90th General Assembly
Public Act 90-0326
HB0131 Enrolled LRB9001007DJcd
AN ACT to amend the Illinois Public Aid Code by changing
Section 12-4.11.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 12-4.11 as follows:
(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
(Text of Section before amendment by P.A. 89-507)
Sec. 12-4.11. Standards of assistance; content;
limitations; grant amounts. Establish specific standards, by
rule, by which grant amounts and need for public aid will be
determined and amend the standards from time to time as
circumstances may require.
The standards shall provide a livelihood compatible with
health and well-being for persons eligible for financial aid
under any Article of this Code. They shall include
recognition of any special needs occasioned by the handicaps
and infirmities of age, blindness, or disability. They shall
include recognition of the special clothing needs of school
age children occasioned by cold weather conditions during the
winter season. Standards established to determine the
eligibility of medically indigent persons for aid under
Articles V or VII shall take into account the requirements of
the spouse or other dependent or dependents of the applicant
for medical aid.
The quantity and quality of the items included in the
standards established for food, clothing, and other basic
maintenance needs shall take account of the buying and
consumption patterns of self-supporting persons and families
of low income, as determined from time to time by the United
States Department of Agriculture, the United States Bureau of
Labor Statistics, and other nationally recognized research
authorities in the fields of nutrition and family living.
The items in the standards shall be priced annually for
changes in cost, as provided in Section 12-4.15, and prices
of the standards adjusted as indicated by the findings of
these surveys. The Department, with due regard for and
subject to budgetary limitations, shall establish grant
amounts for each of the programs, by regulation. The grant
amounts may be less than the prices of the standards and may
vary by program, size of assistance unit and geographic area
and may be established in the form of a percentage of the
standards for any or all programs. Beginning July 1, 1991,
the annual appropriations law of the Illinois Department of
Public Aid shall, in respect to Articles IV and VI, specify
the percentage of the current Standard of Need, that the
current fiscal year appropriation is intended to cover as of
the beginning of that fiscal year. Nothing in the preceding
sentence shall be construed to require any grant increase at
any time during the remainder of that fiscal year.
In recognition of the inability of low income households
to afford the rising costs of energy, payments made by the
Department under Articles IV and VI shall include an amount
of money to offset, in whole or in part, the costs of energy
associated with seasonal variations. The Department may by
rule establish the amount of such energy payments which may
vary in accordance with the size of the assistance unit. The
Department for reasons of administrative simplicity may
provide the amounts in equal monthly payments.
During the first month that the Department pays grants
which include amounts authorized in the preceding paragraph,
the grant amounts for all sized assistance units within each
program the Department administers under Article IV of this
Code and for assistance units of more than one person under
Article VI of this Code shall be adjusted to approach more
closely a single percentage of the standard of assistance
established under this Section, with grant amounts expressed
in whole dollar amounts. The percentage used for Article IV
need not be the same percentage used for Article VI. Energy
Assistance money provided in a separate payment and
identified as being exclusively for energy assistance shall
not be considered as a part of the grant for the purposes of
this paragraph; all of the grant amount, including any
portion thereof that may be provided for the purpose of
energy assistance provided under the preceding paragraph,
shall be considered under this paragraph.
Aid payments shall not be reduced except: (1) for changes
in the cost of items included in the standards, or (2) for
changes in the expenses of the recipient, or (3) for changes
in the income or resources available to the recipient, or (4)
for changes in grants resulting from adoption of a
consolidated standard, or (5) to accomplish the adjustment
described in the preceding paragraph, or (6) beginning July
1, 1992, to reduce grant amounts for recipients of cash
assistance under Sections 3-1a and 6-11 of this Code during
fiscal year 1993.
If recipients can obtain adequate shelter only if a
security deposit is given the landlord, the Department may
furnish one month's rent as a security deposit. This
provision shall be operative only to the extent that it does
not foster the granting of duplicate assistance.
In fixing standards to govern payments or reimbursements
for funeral and burial expenses, the Department shall take
into account the services essential to a dignified, low-cost
funeral and burial, but no payment shall be authorized from
public aid funds for the funeral in excess of $650 $630,
exclusive of reasonable amounts as may be necessary for
burial space and cemetery charges, and any applicable taxes
or other required governmental fees or charges. The
Department shall authorize no payment in excess of $325 $315
for a cemetery burial.
Nothing contained in this Section or in any other Section
of this Code shall be construed to prohibit the Illinois
Department (1) from consolidating existing standards on the
basis of any standards which are or were in effect on, or
subsequent to July 1, 1969, or (2) from employing any
consolidated standards in determining need for public aid and
the amount of money payment or grant for individual
recipients or recipient families.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce
payment levels under Article VI as necessary to implement
contingency reserves under the Emergency Budget Act of Fiscal
Year 1992, to the extent permitted by federal law. Any such
reduction shall expire on July 1, 1992.
(Source: P.A. 86-127; 86-430; 86-1028; 86-1457; 87-528;
87-838; 87-860.)
(Text of Section after amendment by P.A. 89-507)
Sec. 12-4.11. Standards of assistance; content;
limitations; grant amounts. Establish specific standards, by
rule, by which grant amounts and need for public aid will be
determined and amend the standards from time to time as
circumstances may require.
The standards shall provide a livelihood compatible with
health and well-being for persons eligible for financial aid
under any Article of this Code. They shall include
recognition of any special needs occasioned by the handicaps
and infirmities of age, blindness, or disability. They shall
include recognition of the special clothing needs of school
age children occasioned by cold weather conditions during the
winter season. Standards established to determine the
eligibility of medically indigent persons for aid under
Articles V or VII shall take into account the requirements of
the spouse or other dependent or dependents of the applicant
for medical aid.
The quantity and quality of the items included in the
standards established for food, clothing, and other basic
maintenance needs shall take account of the buying and
consumption patterns of self-supporting persons and families
of low income, as determined from time to time by the United
States Department of Agriculture, the United States Bureau of
Labor Statistics, and other nationally recognized research
authorities in the fields of nutrition and family living.
The items in the standards shall be priced annually for
changes in cost, as provided in Section 12-4.15, and prices
of the standards adjusted as indicated by the findings of
these surveys. The Department, with due regard for and
subject to budgetary limitations, shall establish grant
amounts for each of the programs, by regulation. The grant
amounts may be less than the prices of the standards and may
vary by program, size of assistance unit and geographic area
and may be established in the form of a percentage of the
standards for any or all programs. Beginning July 1, 1991,
the annual appropriations law of the Illinois Department
shall, in respect to Articles IV and VI, specify the
percentage of the current Standard of Need, that the current
fiscal year appropriation is intended to cover as of the
beginning of that fiscal year. Nothing in the preceding
sentence shall be construed to require any grant increase at
any time during the remainder of that fiscal year.
In recognition of the inability of low income households
to afford the rising costs of energy, payments made by the
Department under Articles IV and VI shall include an amount
of money to offset, in whole or in part, the costs of energy
associated with seasonal variations. The Department may by
rule establish the amount of such energy payments which may
vary in accordance with the size of the assistance unit. The
Department for reasons of administrative simplicity may
provide the amounts in equal monthly payments.
During the first month that the Department pays grants
which include amounts authorized in the preceding paragraph,
the grant amounts for all sized assistance units within each
program the Department administers under Article IV of this
Code and for assistance units of more than one person under
Article VI of this Code shall be adjusted to approach more
closely a single percentage of the standard of assistance
established under this Section, with grant amounts expressed
in whole dollar amounts. The percentage used for Article IV
need not be the same percentage used for Article VI. Energy
Assistance money provided in a separate payment and
identified as being exclusively for energy assistance shall
not be considered as a part of the grant for the purposes of
this paragraph; all of the grant amount, including any
portion thereof that may be provided for the purpose of
energy assistance provided under the preceding paragraph,
shall be considered under this paragraph.
Aid payments shall not be reduced except: (1) for changes
in the cost of items included in the standards, or (2) for
changes in the expenses of the recipient, or (3) for changes
in the income or resources available to the recipient, or (4)
for changes in grants resulting from adoption of a
consolidated standard, or (5) to accomplish the adjustment
described in the preceding paragraph, or (6) beginning July
1, 1992, to reduce grant amounts for recipients of cash
assistance under Sections 3-1a and 6-11 of this Code during
fiscal year 1993.
If recipients can obtain adequate shelter only if a
security deposit is given the landlord, the Department may
furnish one month's rent as a security deposit. This
provision shall be operative only to the extent that it does
not foster the granting of duplicate assistance.
In fixing standards to govern payments or reimbursements
for funeral and burial expenses, the Department shall take
into account the services essential to a dignified, low-cost
funeral and burial, but no payment shall be authorized from
public aid funds for the funeral in excess of $650 $630,
exclusive of reasonable amounts as may be necessary for
burial space and cemetery charges, and any applicable taxes
or other required governmental fees or charges. The
Department shall authorize no payment in excess of $325 $315
for a cemetery burial.
Nothing contained in this Section or in any other Section
of this Code shall be construed to prohibit the Illinois
Department (1) from consolidating existing standards on the
basis of any standards which are or were in effect on, or
subsequent to July 1, 1969, or (2) from employing any
consolidated standards in determining need for public aid and
the amount of money payment or grant for individual
recipients or recipient families.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce
payment levels under Article VI as necessary to implement
contingency reserves under the Emergency Budget Act of Fiscal
Year 1992, to the extent permitted by federal law. Any such
reduction shall expire on July 1, 1992.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.