2023 Illinois Compiled Statutes › Chapter 305 - PUBLIC AID › 305 ILCS 5/ - Illinois Public Aid Code. › Article III - Aid To The Aged, Blind Or Disabled

(305 ILCS 5/Art. III heading)
ARTICLE III.  
		AID TO THE AGED, BLIND
OR DISABLED
(305 ILCS 5/3-1) (from Ch. 23, par. 3-1)
Sec. 3-1. Eligibility Requirements. Financial aid in meeting basic
maintenance requirements for a livelihood compatible with health and
well-being shall be given under this Article to or in behalf of aged,
blind, or disabled persons who meet the eligibility conditions of Sections
3-1.1 through 3-1.7. Financial aid under this Article shall be available only
for persons who are receiving Supplemental Security Income (SSI) or who have
been found ineligible for SSI (i) on the basis of income or (ii) due to expiration of the period of eligibility for refugees and asylees pursuant to 8 U.S.C. 1612(a)(2).
"Aged person" means a person who has attained age 65, as demonstrated by
such evidence of age as the Illinois Department may by rule prescribe.
"Blind person" means a person who has no vision or whose vision with
corrective glasses is so defective as to prevent the performance of
ordinary duties or tasks for which eyesight is essential. The Illinois
Department shall define blindness in terms of ophthalmic measurements or
ocular conditions.  For purposes of this Act, an Illinois Person
with a Disability Identification Card issued pursuant to the Illinois Identification Card
Act, indicating that the person thereon named has a Type 3 disability shall
be evidence that such person is a blind person within the meaning of this
Section; however, such a card shall not qualify such person for aid as a
blind person under this Act, and eligibility for aid as a blind person
shall be determined as provided in this Act.
"Disabled person" means a person age 18 or over who has a physical or
mental impairment, disease, or loss which is of a permanent nature and
which substantially impairs his ability to perform labor or services or to
engage in useful occupations for which he is qualified, as determined by
rule and regulation of the Illinois Department.  For purposes of this
Act, an Illinois Person with a Disability Identification Card issued pursuant to the 
Illinois Identification Card Act, indicating that the person thereon named
has a Type 1 or 2, Class 2 disability shall be evidence that such person is
a disabled person under this Section; however, such a card shall not
qualify such person for aid as a disabled person under this Act, and
eligibility for aid as a disabled person shall be determined as provided in
this Act.  If federal law or regulation permit or require the inclusion of
blind or disabled persons whose blindness or disability is not of the
degree specified in the foregoing definitions, or permit or require the
inclusion of disabled persons under age 18 or aged persons under age 65,
the Illinois Department, upon written approval of the Governor, may provide
by rule that all aged, blind or disabled persons toward whose aid federal
funds are available be eligible for assistance under this Article as is
given to those who meet the foregoing definitions of blind person and
disabled person or aged person.
(Source: P.A. 96-22, eff. 6-30-09; 97-1064, eff. 1-1-13.)
(305 ILCS 5/3-1a) (from Ch. 23, par. 3-1a)
Sec. 3-1a. 
		Interim Assistance.
(a) (Blank).
(b) The Illinois Department may establish, by rule, an advocacy program to
help clients pursue Supplemental Security Income applications and, if the
client is found ineligible for Supplemental Security Income initially, to help
the client pursue the Supplemental Security Income reconsideration and appeal
process. This program may be limited to specific geographic areas.
(Source: P.A. 92-111, eff. 1-1-02.)
(305 ILCS 5/3-1.2) (from Ch. 23, par. 3-1.2)
Sec. 3-1.2. Need.
(a) Income available to the person, when added to
contributions in money, substance, or services from other sources,
including contributions from legally responsible relatives, must be
insufficient to equal the grant amount established by Department regulation
for such person. In determining earned income to be taken into account, consideration
shall be given to any expenses reasonably attributable to the earning of
such income. If federal law or regulations permit or require exemption
of earned or other income and resources, the Illinois Department shall
provide by rule and regulation that the amount of income to be
disregarded be increased (1) to the maximum extent so required and (2)
to the maximum extent permitted by federal law or regulation in effect
as of the date this amendatory Act becomes law. The Illinois Department
may also provide by rule and regulation that the amount of resources to
be disregarded be increased to the maximum extent so permitted or required.
(b) Subject to federal approval, resources (for example, land, buildings, equipment, supplies, or tools), including farmland property and personal property used in the income-producing operations related to the farmland (for example, equipment and supplies, motor vehicles, or tools), necessary for self-support, up to $6,000 of the person's equity in the income-producing property, provided that the property produces a net annual income of at least 6% of the excluded equity value of the property, are exempt.   Equity value in excess of $6,000  shall not be excluded. If the activity produces income that is less than 6% of the exempt  equity due to reasons beyond the person's control (for example, the person's illness or crop failure)  and there is a reasonable expectation that the property will again produce income equal to or greater than 6% of the equity value (for example, a medical prognosis that the person is expected to respond to treatment or that drought-resistant corn will be planted), the equity value in the property up to $6,000 is exempt. If the person owns more than one piece of property and each produces income, each piece of property shall be looked at to determine whether the 6% rule is met, and then the amounts of the person's equity in all of those properties shall be totaled to determine whether the total equity is $6,000 or less.  The total equity value of all properties that is exempt shall be limited to $6,000.
(c) In determining the resources of an individual or any dependents, the
Department shall exclude from consideration the value of funeral and burial
spaces, funeral and
burial insurance the proceeds of which can only be used to pay the funeral
and burial expenses of the insured and funds specifically set aside for the
funeral and burial arrangements of the individual or his or her dependents,
including prepaid funeral and burial plans, to the same extent that such
items are excluded from consideration under the federal Supplemental
Security Income program (SSI). At any time prior to or after submitting an application for medical assistance and before a final determination of eligibility has been made by the Department, an applicant may use available resources to purchase one of the prepaid funeral or burial contracts exempted under this Section.
Prepaid funeral or burial contracts are exempt to the following extent:
(1)      Funds in a revocable prepaid funeral or     burial contract are exempt up to $1,500, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value.
(2)       Funds in an irrevocable prepaid funeral or     burial contract are exempt up to $7,248, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value. This amount shall be adjusted annually for any increase in the Consumer Price Index. The amount exempted shall be limited to the price of the funeral goods and services to be provided upon death. The contract must provide a complete description of the funeral goods and services to be provided and the price thereof. Any amount in the contract not so specified shall be treated as a transfer of assets for less than fair market value.
(3)       A prepaid, guaranteed-price funeral or     burial contract, funded by an irrevocable assignment of a person's life insurance policy to a trust or a funeral home, is exempt. The amount exempted shall be limited to the amount of the insurance benefit designated for the cost of the funeral goods and services to be provided upon the person's death. The contract must provide a complete description of the funeral goods and services to be provided and the price thereof. Any amount in the contract not so specified shall be treated as a transfer of assets for less than fair market value. The trust must include a statement that, upon the death of the person, the State will receive all amounts remaining in the trust, including any remaining payable proceeds under the insurance policy up to an amount equal to the total medical assistance paid on behalf of the person. The trust is responsible for ensuring that the provider of funeral services under the contract receives the proceeds of the policy when it provides the funeral goods and services specified under the contract. The irrevocable assignment of ownership of the insurance policy must be acknowledged by the insurance company.
(4) Existing life insurance policies are exempt if     there has been an irrevocable assignment in compliance with Section 2b of the Illinois Funeral or Burial Funds Act. A person shall sign a contract with a funeral home, which is licensed under the Illinois Funeral or Burial Funds Act, that describes the cost of the funeral goods and services to be provided upon the person's death, up to $7,248, except that any  portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value. This amount shall be adjusted annually for any increase in the Consumer Price Index. The contract must provide a complete description of the goods and services and any cash advances to be provided and the price thereof. The person shall sign an irrevocable designation of beneficiary form declaring that any amounts payable from the policies not used for goods and services and any cash advances as set forth in the contract shall be received by the State, up to an amount equal to the total medical assistance paid on behalf of the person; any funds remaining after payment to the State shall be paid to a secondary beneficiary (if any) listed on the policy, or to the estate of the purchaser if no secondary beneficiary is named on the policy in the event the proceeds exceed the prearranged costs of merchandise and services and any cash advances and the total medical assistance paid on behalf of the insured. More than one policy may be subject to this subsection if the total face value of the policies is necessary to pay the amount described in the contract with the funeral home; policies that are not necessary to pay the amount described in the contract are not exempt. The licensed funeral home to which the life insurance policy benefits have been irrevocably assigned shall retain copies for inspection by the Comptroller and shall report annually to the Comptroller the following: the name of the insured, the name of the insurance company and policy number, an itemized account of the amount of the contract for goods and services and any cash advances provided, and the current value of the policy of benefits designated with a record of all amounts paid back to the State or other beneficiary. The Department of Healthcare and Family Services shall adopt rules and forms to implement this Section.
(d) Notwithstanding any other provision of this Code to the contrary, an irrevocable trust containing the resources of a person who is determined to have a disability shall be considered exempt from consideration.  A pooled trust must be established and managed by a non-profit association that pools funds but maintains a separate account for each beneficiary.  The trust may be established by the person, a parent, grandparent, legal guardian, or court.  It must be established for the sole benefit of the person and language contained in the trust shall stipulate that any amount remaining in the trust (up to the amount expended by the Department on medical assistance) that is not retained by the trust for reasonable administrative costs related to wrapping up the affairs of the subaccount shall be paid to the Department upon the death of the person. After a person reaches age 65, any funding by or on behalf of the person to the trust shall be treated as a transfer of assets for less than fair market value unless the person is a ward of a county public guardian or the State Guardian pursuant to Section 13-5 of the Probate Act of 1975 or Section 30 of the Guardianship and Advocacy Act and lives in the community, or the person is a ward of a county public guardian or the State Guardian pursuant to Section 13-5 of the Probate Act of 1975 or Section 30 of the Guardianship and Advocacy Act and a court has found that any expenditures from the trust will maintain or enhance the person's quality of life. If the trust contains proceeds from a personal injury settlement, any Department charge must be satisfied in order for the transfer to the trust to be treated as a transfer for fair market value.
(e) The homestead shall be exempt from consideration except to the extent
that it meets the income and shelter needs of the person. "Homestead"
means the dwelling house and contiguous real estate owned and occupied
by the person, regardless of its value. Subject to federal approval, a person shall not be eligible for long-term care services, however, if the person's equity interest in his or her homestead exceeds the minimum home equity as allowed and increased annually under federal law.   Subject to federal approval, on and after the effective date of this amendatory Act of the 97th General Assembly, homestead property transferred to a trust shall no longer be considered homestead property.
(f) Occasional or irregular gifts in cash, goods or services from persons
who are not legally responsible relatives which are of nominal value or
which do not have significant effect in meeting essential requirements
shall be disregarded.
(g)  The eligibility of any applicant for or recipient
of public aid under this Article is not affected by the payment of any
grant under the "Senior Citizens and Disabled Persons 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.
(h) The Illinois Department may, after appropriate investigation, establish
and implement a consolidated standard to determine need and eligibility
for and amount of benefits under this Article or a uniform cash supplement
to the federal Supplemental Security Income program for all or any part
of the then current recipients under this Article; provided, however, that
the establishment or implementation of such a standard or supplement shall
not result in reductions in benefits under this Article for the then current
recipients of such benefits.
(i) The provisions under paragraph (4) of subsection (c) are subject to federal approval. The Department of Healthcare and Family Services shall apply for any necessary federal waivers or approvals to implement by January 1, 2023 the changes made to this Section by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-959, eff. 5-27-22.)
(305 ILCS 5/3-1.3) (from Ch. 23, par. 3-1.3)
Sec. 3-1.3. 
		Property transfers. 
		To the extent required under federal law, a person
shall not make
or have
made a voluntary or involuntary
assignment or transfer of any legal or equitable interests in real or
personal property, whether vested, contingent or inchoate, for less than fair
market value.
(Source: P.A. 88-554, eff. 7-26-94.)
(305 ILCS 5/3-1.4) (from Ch. 23, par. 3-1.4)
Sec. 3-1.4. 
		Residents of public institutions. 
		Residents of municipal,
county, state or national institutions for persons with mental illness or
persons with a developmental disability or for the tuberculous, or residents of
a home or other institution maintained by such governmental bodies when not in
need of  institutional care because of sickness, convalescence, infirmity, or
chronic illness, and inmates of penal or correctional institutions maintained
by such governmental bodies, may qualify for aid under this Article only after
they have ceased to be residents or inmates, but they may apply in advance of
their discharge. Applications received from residents scheduled for discharge
from such institutions shall be processed by the Department in an expeditious
manner. For persons whose applications are approved, the date of eligibility
shall be the date of release from the institution.
A person shall not be deemed a resident of a State institution for persons
with mental illness or persons with a developmental disability within the
meaning of this Section if he or she has been conditionally discharged by
the Department of Mental Health and Developmental Disabilities or the
Department of Human Services (acting as successor to the Department of Mental
Health and Developmental Disabilities) and is no longer residing in the
institution.
Recipients of benefits under this Article who become residents of such
institutions shall be permitted a period of up to 30 days in such
institutions without suspension or termination of eligibility; if residency
in an institution extends beyond 30 days the eligibility for all benefits
except Aid to Families with Dependent Children shall be suspended.
Benefits shall be restored, effective on the date of discharge or release,
for persons who are residents of institutions.   Within a reasonable time
after the discharge of a person who was a resident of an institution, the
Department shall redetermine the eligibility of such person.
The Department shall provide for procedures to expedite the determination of
disability of persons scheduled to be discharged from facilities operated
by the Department.
If federal law or regulations governing grants under this Article permit
the inclusion of persons who are residents of institutions designated in
this Section beyond the period authorized herein, the Illinois Department, upon
a determination that the appropriations for public aid are sufficient for such
purpose, and upon approval of the Governor, may provide by general and uniform
rule for the waiver of the provisions of this Section which would otherwise
disqualify such person for aid under this Article.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
(305 ILCS 5/3-1.5) (from Ch. 23, par. 3-1.5)
Sec. 3-1.5. 
		Residents of private institutions.
Persons who are residents of or who are being maintained by a private
institution may qualify only if they have not purchased care and
maintenance in the institution by cash or by transfer of property, or
having purchased care and maintenance, only after the amount of the cash or
property has been wholly consumed for care and maintenance.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/3-1.6) (from Ch. 23, par. 3-1.6)
Sec. 3-1.6. 
		(Repealed).
(Source: P.A. 77-1802.  Repealed by P.A. 92-111, eff. 1-1-02.)
(305 ILCS 5/3-1.7) (from Ch. 23, par. 3-1.7)
Sec. 3-1.7. 
		Multiple convictions for violations of this Code. 
		Any person
found guilty of a second violation of Article VIIIA shall be ineligible
for financial aid under this Article, as provided in Section 8A-8.
(Source: P.A. 82-440.)
(305 ILCS 5/3-2) (from Ch. 23, par. 3-2)
Sec. 3-2. 
		Conditions for basic maintenance grants to persons receiving institutional
care. 
		A resident of a public or private home or institution maintained for the
care of persons who are sick, convalescent, infirm or chronically ill, may,
if otherwise qualified, be granted financial aid for basic maintenance,
subject to the rules and regulations of the Illinois Department, if the
facilities of the home or institution are in conformity with standards
prescribed by the Department of Public Health for safeguarding the health,
safety, and comfort of the residents thereof, and provide such services as
may be prescribed by the Illinois Department for enhancing their
rehabilitation or increasing their capacity for self-care.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/3-2.5)
Sec. 3-2.5. (Repealed).
(Source: P.A. 93-774, eff. 7-21-04. Repealed by P.A. 95-322, eff. 1-1-08.)
(305 ILCS 5/3-2.6)
Sec. 3-2.6. Sheltered care rates. The Department of Human Services shall increase the sheltered care rates in effect on June 30, 2022, by 10%.
(Source: P.A. 102-699, eff. 4-19-22.)
(305 ILCS 5/3-3) (from Ch. 23, par. 3-3)
Sec. 3-3. 
		Examination as to blindness. 
		For all purposes, the Illinois Department may accept determinations as
to blindness performed under the auspices of the Federal Social Security
Administration and properly certified to the Department.
(Source: P.A. 89-21, eff. 7-1-95.)
(305 ILCS 5/3-4) (from Ch. 23, par. 3-4)
Sec. 3-4. 
		Examination as to disability. 
		For all purposes, the Illinois Department may accept determinations
as to disability performed under the auspices of the Federal Social
Security Administration and properly certified to the Department.
(Source: P.A. 89-21, eff. 7-1-95.)
(305 ILCS 5/3-5) (from Ch. 23, par. 3-5)
Sec. 3-5. Amount of aid. The amount and nature of financial aid granted
to or in behalf of aged, blind, or disabled persons shall be determined
in accordance with the standards, grant amounts, rules and regulations of
the Illinois Department.  Due regard shall be given to the requirements
and conditions existing in each case, and to the amount of property
owned and the income, money contributions, and other support, and
resources received or obtainable by the person, 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 Disabled Persons
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 person with a grant in the amount established by
Department regulation for such a person, based upon standards providing a
livelihood compatible with health and well-being. Financial aid under this Article granted to persons who have been found ineligible for Supplemental Security Income (SSI) due to expiration of the period of eligibility for refugees and asylees pursuant to 8 U.S.C. 1612(a)(2) shall equal 90% of the current maximum SSI payment amount per month.
(Source: P.A. 97-689, eff. 6-14-12; 98-674, eff. 6-30-14.)
(305 ILCS 5/3-5a) (from Ch. 23, par. 3-5a)
Sec. 3-5a. 
		Protective payments to substitute payee. 
		
		If the person, by reason of his physical or mental condition, is unable
to manage funds, or if, for any reason, he persistently mismanages the
grant to the detriment of his best interests, the County Department, in
accordance with the rules and regulations of the Illinois Department, may
make a protective payment by designating a person who is interested in or
concerned with the person's welfare to receive the grant in his behalf.
The substitute payee shall serve without compensation and assume the
obligation of seeing that the grant is expended  for the recipient's
benefit. He may spend the grant for the recipient, or supervise the
recipient in its use, depending upon the circumstances in the case, and
shall make such monthly reports to the County Department as the County
Department and the Illinois Department may require.
The County Department shall terminate the protective payment when it has
made a determination that the grant will be used for the recipient's
welfare.
A substitute payee may be removed, in accordance with the rules and
regulations of the Illinois Department, for unsatisfactory service. Such
removal may be effected without hearing. The decision shall not be
appealable to the Illinois Department nor shall it be reviewable in the
courts.
The County Department shall conduct such periodic reviews as may be
required by the Illinois Department to determine whether there is a
continuing need for a protective payment. If it appears that the need for
such payment is likely to continue beyond a reasonable period, the County
Department shall take action for appointment by the circuit court of a
guardian or legal representative for the purpose of receiving and managing
the public aid grant.
The person shall be advised, in advance of a determination to make a
protective payment, that he may appeal the decision to the Illinois
Department under the provisions of Section 11-8 of Article XI.
(Source: Laws 1967, p. 2324.)
(305 ILCS 5/3-6) (from Ch. 23, par. 3-6)
Sec. 3-6. 
		Entitlement to medical assistance.
Persons qualified for financial aid for basic maintenance shall be
entitled to receive, under Article V, all necessary medical assistance.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/3-7) (from Ch. 23, par. 3-7)
Sec. 3-7. 
		Entitlement to Social Services. 
		Persons qualified for financial
aid for basic maintenance shall be entitled to receive, under Article
IX, such rehabilitative, training or other social
services as are appropriate.
(Source: P.A. 82-440.)
(305 ILCS 5/3-8) (from Ch. 23, par. 3-8)
Sec. 3-8. 
		Funeral and burial. 
		
If the estate of a deceased recipient is insufficient to pay for funeral
and burial expenses, and if no other resources, including assistance from
legally responsible relatives, are available for such purposes, there shall
be paid, in accordance with the standards, rules and regulations of the
Illinois Department, such reasonable amounts as may be necessary to meet
costs of the funeral, burial space, and cemetery charges, or to reimburse
any person not financially responsible for the deceased who has voluntarily
made expenditures for such costs.
(Source: P.A. 90-372, eff. 7-1-98.)
(305 ILCS 5/3-9) (from Ch. 23, par. 3-9)
Sec. 3-9. 
		Claim against the estate of a deceased recipient. 
		On the death of a person who has been a recipient, the total amount paid
under this Article shall be filed and allowed as a claim against that person's
estate or as a claim against the estate of that person's surviving spouse.
No claim of the State, however, shall be enforced against any real
estate while it is occupied as a homestead by the recipient's surviving
spouse, or a relative of the recipient as defined by the rules and
regulations of the Illinois Department, if no claims by other creditors
have been filed against the estate, or, if such claims have been filed,
they remain dormant for failure of prosecution or failure of the claimant
to compel administration of the estate for the purpose of payment.
"Homestead", as used in this Section, means the dwelling house and
contiguous real estate occupied by a surviving spouse, or defined relative
of the recipient, regardless of the value of the property.
The transfer of money, personal property or other personal assets, or
any interest therein, by a present or former recipient into a joint tenancy
account in a bank or other institution or depository shall be prima facie
evidence of an intent to defeat the claim against his estate. The transfer
may be voided in an appropriate legal action, or the Illinois Department
may consider the recipient's interest in the joint tenancy account as an
asset of his estate for the purpose of the claim provided by this Section.
The Illinois Department may, by rule, defer or waive the enforcement of
its claim hereunder if the deceased recipient is survived by a dependent
spouse and minor child or children, or if rehabilitative training for
employment or other means of self-support for the surviving spouse or
children is feasible and the deferment or waiver of the claim would
facilitate achievement of self-support status and prevent or reduce the
likelihood of return to dependency upon public aid.
The estate claim herein provided is in addition to the lien claim
established in Section 3-10.
(Source: P.A. 88-85.)
(305 ILCS 5/3-10)
Sec. 3-10. (Repealed).
(Source: P.A. 88-85. Repealed by P.A. 102-1037, eff. 6-2-22.)
(305 ILCS 5/3-10.1)
Sec. 3-10.1. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 102-1037, eff. 6-2-22.)
(305 ILCS 5/3-10.2)
Sec. 3-10.2. (Repealed).
(Source: P.A. 83-358. Repealed by P.A. 102-1037, eff. 6-2-22.)
(305 ILCS 5/3-10.3)
Sec. 3-10.3. (Repealed).
(Source: P.A. 83-358. Repealed by P.A. 102-1037, eff. 6-2-22.)
(305 ILCS 5/3-10.4)
Sec. 3-10.4. (Repealed).
(Source: P.A. 83-889. Repealed by P.A. 102-1037, eff. 6-2-22.)
(305 ILCS 5/3-10.5)
Sec. 3-10.5. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 102-1037, eff. 6-2-22.)
(305 ILCS 5/3-10.6)
Sec. 3-10.6. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 102-1037, eff. 6-2-22.)
(305 ILCS 5/3-10.7)
Sec. 3-10.7. (Repealed).
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 102-1037, eff. 6-2-22.)
(305 ILCS 5/3-10.8)
Sec. 3-10.8. (Repealed).
(Source: P.A. 79-1365. Repealed by P.A. 102-1037, eff. 6-2-22.)
(305 ILCS 5/3-10.9)
Sec. 3-10.9. (Repealed).
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 102-1037, eff. 6-2-22.)
(305 ILCS 5/3-10.10)
Sec. 3-10.10. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 102-1037, eff. 6-2-22.)
(305 ILCS 5/3-11) (from Ch. 23, par. 3-11)
Sec. 3-11. 
		Fraudulent transfer of real property. 
		A transfer of any legal or equitable interest in real property, whether
vested, contingent, or inchoate, by a person who is or has been a
recipient, including any such transfers prior to application which would
have initially disqualified the person as provided in Section 3-1.3,
shall, under any of the following conditions, be deemed prima facie
fraudulent as to the Illinois Department.
(1.) Where the deed or assignment has not been recorded or registered by
the grantee, trustee, or assignee
(2.) When the deed or assignment, even though recorded or registered,
fails to state the consideration
(3.) When the consideration for the deed or assignment, even though
recorded or registered, is not paid
(4.) When the consideration for the deed or assignment, even though
recorded or registered, does not approximate the fair, cash market value.
The Attorney General, upon request of the Illinois Department, shall
file suit to rescind any such transfer or assignment of real property. Any
aid furnished under this Article shall be recoverable in any such proceeding
from such person or
from his estate.
(Source: P.A. 92-111, eff. 1-1-02.)
(305 ILCS 5/3-12) (from Ch. 23, par. 3-12)
Sec. 3-12. 
		(Repealed).
(Source: Repealed by P.A. 88-412.)
(305 ILCS 5/3-13) (from Ch. 23, par. 3-13)
Sec. 3-13. Federal program - Declaration of responsibilities: It is the
position of this State that the Federal Government should meet its obligation
to provide financial aid to those aged, blind or disabled persons eligible
under Article III hereof so as to assure those persons a standard of living
compatible with health and well-being, including any supplementary aid program
provided to meet special or emergency needs, and it is the position of this
State that the Federal Government should meet its obligation to provide
continuing supplemental nutritional aid for such persons through the Federal
Food Stamp Program or through full reimbursement for expenditures made in lieu
of such Food Stamp Program.
(a) The Illinois Department may, from federal reimbursements received under
this Section, make disbursements to any attorney, or
advocate working under the supervision of an attorney, who represents a
recipient of assistance under Article VI of this Code in a program
administered by the Illinois Department, in an appeal
of any claim for federal Supplemental Security Income benefits before an
administrative law judge which is decided in favor of such
recipient.  The amount of such disbursement shall be equal to 25% of the
maximum federal Supplemental Security Income grant payable to an individual
for a period of one year.  No such disbursement shall be made unless a petition
and a copy of the favorable decision is submitted by such attorney or advocate
to the Illinois Department within 60 days of the date of such decision.  The
disbursement shall be made within 30 days after the petition is received.  The
Illinois Department shall promulgate rules and regulations necessary to
implement this subsection.
(b) The Illinois Department shall institute a State program to fully
supplement the federal Supplemental Security Income grants of all persons
in the aged, blind, or disabled categories who meet the eligibility and
need requirements of this Code. The amount or amounts of
such supplementary payments shall be established by the Director of the
Illinois Department in a manner consistent with the other provisions of
this Article III.
(c) The Illinois Department, the Comptroller and the Treasurer, are
authorized to disburse to the Federal Government amounts appropriated to
the Illinois Department for use in furnishing aid to persons eligible under
Article III of this Code, to receive reimbursements from the Federal
Government therefor, and to establish administrative procedures necessary
for the accomplishment of such a payment system.
(Source: P.A. 93-632, eff. 2-1-04.)
(305 ILCS 5/3-14) (from Ch. 23, par. 3-14)
Sec. 3-14. 
		
		
		Authorization for Federal administration of supplement: The Illinois
Department is authorized to enter into an agreement with the Secretary of
Health, Education and Welfare for the Secretary to administer, as provided
in Section 1616 of the Social Security Act, any or all portions of a State
program to supplement grants.
(Source: P.A. 78-3rd S.S.-22.)
(305 ILCS 5/3-15) (from Ch. 23, par. 3-15)
Sec. 3-15. 
		(Repealed).
(Source: P.A. 78-3rd S.S.-22.  Repealed by P.A. 92-111, eff. 1-1-02.)