305 ILCS 5/4-2
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article IV - Temporary Assistance For Needy Families

 (from Ch. 23, par. 4-2)Sec. 4-2. Amount of aid.(a) The amount and nature of financial aid shall be determined in accordance  with the grant amounts, rules and regulations of the Illinois Department.  Due  regard shall be given to the self-sufficiency requirements of the family and to  the income, money contributions and other support and resources available, from  whatever source.  However, the amount and nature of any financial aid is not  affected by the payment of any grant under the "Senior Citizens and Persons with Disabilities Property Tax Relief Act" or any  distributions or items of income described under subparagraph (X) of paragraph  (2) of subsection (a) of Section 203 of the Illinois Income Tax Act.  The aid  shall be sufficient, when added to all other income, money contributions and  support to provide the family with a grant in the amount established by  Department regulation.(a-5) For the purposes of this subsection, TANF grant amounts shall consist of the following portions:(1) 75% shall be designated for the child or children     of the assistance unit; and(2) 25% shall be designated for the adult member or     members of the assistance unit.(b) The Illinois Department may conduct special projects, which may be  known as Grant Diversion Projects, under which recipients of financial aid  under this Article are placed in jobs and their grants are diverted to the  employer who in turn makes payments to the recipients in the form of salary  or other employment benefits.  The Illinois Department shall by rule specify  the terms and conditions of such Grant Diversion Projects.  Such projects  shall take into consideration and be coordinated with the programs  administered under the Illinois Emergency Employment Development Act.(c) The amount and nature of the financial aid for a child requiring  care outside his own home shall be determined in accordance with the rules  and regulations of the Illinois Department, with due regard to the needs  and requirements of the child in the foster home or institution in which  he has been placed.(d) If the Department establishes grants for family units consisting  exclusively of a pregnant woman with no dependent child or including her  husband if living with her, the grant amount for such a unit  shall be equal to the grant amount for an assistance unit consisting of one  adult, or 2 persons if the husband is included.  Other than as herein  described, an unborn child shall not be counted  in determining the size of an assistance unit or for calculating grants.Payments for basic maintenance requirements of a child or children  and the relative with whom the child or children are living shall be  prescribed, by rule, by the Illinois Department.Grants under this Article shall not be supplemented by General  Assistance provided under Article VI.(e) Grants shall be paid to the parent or other person with whom the  child or children are living, except for such amount as is paid in  behalf of the child or his parent or other relative to other persons or  agencies pursuant to this Code or the rules and regulations of the  Illinois Department.(f) Subject to subsection (f-5), an assistance unit, receiving  financial  aid under this Article or  temporarily ineligible to receive aid under this Article under a penalty  imposed by the Illinois Department for failure to comply with the eligibility  requirements or that voluntarily requests termination of financial assistance  under this Article and becomes subsequently eligible for assistance within 9  months, shall not receive any increase in the amount of aid solely on account  of the birth of a child; except that an increase is not prohibited when the  birth is (i) of a child of a pregnant woman  who became eligible for aid under this Article during the pregnancy,  or (ii) of a child born within 10 months after the date of implementation of  this subsection, or  (iii) of a child conceived after a family became  ineligible for assistance due to income or marriage and at least 3 months of  ineligibility expired before any reapplication for assistance.  This subsection  does not, however, prevent a unit from receiving a general increase in the  amount of aid that is provided to all recipients of aid under this Article.The Illinois Department is authorized to transfer funds, and shall use any  budgetary savings attributable to not increasing the grants due to the births  of additional children, to supplement existing funding for employment and  training services for recipients of aid under this Article IV.  The Illinois  Department shall target, to the extent the supplemental funding allows,  employment and training services to the families who do not receive a grant  increase after the birth of a child.  In addition, the Illinois Department  shall provide, to the extent the supplemental funding allows, such families  with up to 24 months of transitional child care pursuant to Illinois Department  rules.  All remaining supplemental funds shall be used for employment and  training services or transitional child care support.In making the transfers authorized by this subsection, the Illinois  Department shall first determine, pursuant to regulations adopted by the  Illinois Department for  this purpose, the amount of savings attributable to  not increasing the grants due to the births of additional children. Transfers  may be made from General Revenue Fund appropriations for distributive purposes  authorized by Article IV of this Code only to General Revenue Fund  appropriations for employability development services including operating  and administrative costs and related distributive purposes under Article  IXA of this Code. The Director, with the approval of the Governor, shall  certify the amount and affected line item appropriations to the State  Comptroller.Nothing in this subsection shall be construed to prohibit the Illinois  Department from using funds under this Article IV to provide  assistance in the form of vouchers  that may be used to pay for goods and services deemed by the Illinois  Department, by rule, as suitable for the care of the child such as diapers,  clothing, school supplies, and cribs.(f-5) Subsection (f) shall not apply to affect the monthly assistance  amount of  any family as a result of the birth of a child on or after January 1, 2004.  As resources permit after January 1, 2004, the Department may  cease applying subsection (f) to limit assistance to families receiving  assistance under this Article on January 1, 2004, with respect to children  born prior to that date. In any event, subsection (f) shall be completely  inoperative on and after July 1, 2007.(g) (Blank).(h) Notwithstanding any other provision of this Code, the Illinois  Department is authorized to reduce payment levels used to determine cash grants  under this Article after December 31 of any fiscal year if the Illinois  Department determines that the caseload upon which the appropriations for the  current fiscal year are based have increased by more than 5% and the  appropriation is not sufficient to ensure that  cash benefits under this Article do not exceed the amounts appropriated for  those cash benefits.  Reductions in payment levels may be accomplished by  emergency rule under Section 5-45 of the Illinois Administrative Procedure Act,  except that the limitation on the number of emergency rules that may be adopted  in a 24-month period shall not apply and the provisions of Sections 5-115 and  5-125 of the Illinois Administrative Procedure Act shall not apply.  Increases in payment levels shall be accomplished only in accordance with  Section 5-40 of the Illinois Administrative Procedure Act.  Before any rule  to increase payment levels  promulgated under this Section shall become effective, a joint resolution  approving the rule must be adopted by a roll call vote by a majority of the  members elected to each chamber of the General Assembly.  (Source: P.A. 101-103, eff. 7-19-19.)