Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 112 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES › Subpart G - FINANCIAL FACTORS OF ELIGIBILITY › Section 112.110 - Exempt Unearned Income

Current through Register Vol. 48, No. 28, July 12, 2024
The following unearned income shall be exempt from
				  consideration in determining eligibility and the level of assistance
				  payment:
a) The value of the benefit
				allotment under the Food and Nutrition Act of 2008 (7 U.S.C.
				2017(b));
b) The value of the U.S. Department of
				Agriculture donated foods (surplus commodities);
c) Any payment received under the Uniform
				Relocation Assistance and Real Property Acquisition Policies Act of 1970
				(42 U.S.C.
				4636);
d) Any funds distributed per capita to or
				held in trust for members of any Indian Tribe under
				P.L.
				92-254,
				P.L.
				93-134,
				P.L.
				94-114 or
				P.L.
				94-540;
e) Any benefits received under Title VII,
				Nutrition Program for the Elderly, of the Older Americans Act of 1965, as
				amended (42 U.S.C.
				3045 et seq.);
f) Any compensation provided to individual
				volunteers under the Volunteers in Service to America (VISTA) Program (known as
				AmeriCorps VISTA). Payments made under Americorps State/National programs,
				funded under the National and Community Service Act of 1993, are not exempt.
				Stipends or living allowance payments made under this program are considered
				nonexempt earned income. These payments are subject to the general rules
				concerning the budgeting of earned income;
g) Income received under the provisions of
				Section 4(c) of the Senior Citizens and Disabled Persons Property Tax Relief
				and Pharmaceutical Assistance Act [320 ILCS 25/4
				]. This includes both the benefits commonly known as the circuit breaker and
				additional grants;
h) Payments for
				supporting services or reimbursement for out-of-pocket expenses made to
				volunteers serving as senior health aides, senior companions, foster
				grandparents, and persons serving in the Service Corps of Retired Executives
				(SCORE) and Active Corps of Executives (ACE) and any other programs under
				Titles II and III, pursuant to
				Section
				418 of
				P.L.
				93-113;
i) Unearned income such as need based
				payments, cash assistance, compensation in lieu of wages and allowances
				received through the Workforce Investment Act (WIA);
j) Social Security death benefit expended on
				a funeral and/or burial;
k) The
				value of supplemental food assistance received under the Child Nutrition Act of
				1966, as amended (42 U.S.C.
				1780(b)) and the special
				food service program for children under the Richard B. Russell National School
				Lunch Act, as amended (42
				U.S.C. 1760);
l) Tax exempt portions of payments made
				pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
				1626);
m) Payments received under Title I of
				P.L.
				100-383 of the Civil Liberties Act of 1988
				(50 U.S.C.
				1989b through
				1989b-8);
n) Payments received under Title II of
				P.L.
				100-383 of the Aleutian and Pribilof Islands
				Restitution Act (50 U.S.C.
				1989c through
				1989c-8);
o) Payments made to veterans who receive an
				annual disability payment or to the survivors of deceased veterans who receive
				a one-time lump-sum payment from the Agent Orange Settlement Fund or any other
				fund referencing Agent Orange product liability under
				P.L.
				101-201;
p) Payments received under the federal
				Radiation Exposure Compensation Act (42 U.S.C. 2210 nt);
q) Federal subsidized housing payments under
				section 8 of the Housing and Community Development Act (42 U.S.C.
				1437f);
r) Any adoption subsidy payment or foster
				care payment received from DCFS or from a state welfare agency of another state
				are exempt for MAG and MANG. Independent Living Arrangement Payments are not
				exempt for MAG and MANG;
s)
				Supportive Service payments (Section
				112.82);
t) Benefits paid to eligible households under
				the Low Income Home Energy Assistance Act of 1981 pursuant to
				Section
				2605(f) of
				P.L.
				97-35;
u) Disaster relief payments provided by
				federal, state or local government or a disaster assistance
				organization;
v) Any payment
				provided by the Department of Human Services under the Family Assistance
				Program for Children with Mental Disabilities [405 ILCS 80/Art.
				III ];
w)
				A nonrecurring lump-sum SSI or SSA payment made to an individual in a TANF
				assistance unit. The nonrecurring SSA lump sum is exempt if it is based on
				disability. The monthly amount, up to the monthly SSI level for one, is exempt.
				For those individuals not in a TANF assistance unit whose income is used to
				determine TANF eligibility for others (for example, the parent of a person
				under age 18 who is receiving assistance as a parent), the lump-sum payment is
				nonexempt income for the month received;
x) Payments made to individuals because of
				their status as victims of Nazi persecution pursuant to
				P.L.
				103-286;
y) Payments to a member of the Passamquoddy
				Indian Tribe, the Penobscot Nation of the Houlton Band of the Maliseet Indians
				pursuant to the Maine Indian Claims Settlement Act of 1980;
z) Up to $2000 per year of income received by
				individual Indians, which is derived from leases or other uses of
				individually-owned trust or restricted lands pursuant to
				Section
				13736 of
				P.L.
				103-66;
aa) Payments based on disability status are
				disregarded in an amount up to the Supplemental Security Income (SSI) payment
				level for one person with no income. This disregard applies to disability
				benefits from Social Security (including SSI), Railroad Retirement Disability,
				Department of Veterans' Affairs (100% disability only) and Black
				Lung;
bb) Payments made under the
				federal Crime Act of 1984 (as amended by
				P.L.
				104-132,
				Section
				234, Crime Victims Fund);
cc) Inconsequential income, which is defined
				as gifts, prizes or other unearned income (excluding that which is otherwise
				exempted in this Section) of up to $50 per person per quarter;
dd) The value of home produce that is used
				for personal consumption;
ee) Total
				child support payments made to an assistance unit;
ff) Three dollars of every $4 of excess child
				support distributed by the child support agency to a family with earnings
				budgeted. This includes the wage supplementation programs of on-the-job
				training, Job Corps, AmeriCorps VISTA, and work study;
gg) Payments from the principal or trust of a
				trust fund made to or on behalf of a dependent child when the court orders the
				money released for a specific purpose other than the income maintenance needs
				of the child;
hh) Earmarked child
				support payments received by the client for the support of a child not included
				in the assistance unit;
ii) Cash
				that is exchanged for purposes of satisfying payment of shelter-related
				obligations in situations in which the assistance unit shares a dwelling unit
				with another family, individual or individuals. The money is not available to
				meet the needs of the party who received and disburses the shelter-related
				payment;
jj) Employment-related
				reimbursements for past or future expenses to the extent that they do not
				exceed actual expenses incurred and do not represent a gain or benefit to the
				client;
kk) All educational loans,
				grants, scholarships, fellowships, veteran's educational benefits, and federal
				and State work study programs;
ll)
				Achieving a Better Life Experience (ABLE) accounts - All earnings on ABLE
				accounts are exempt. The balance of this account is to be exempt unearned
				income; and
mm) For a period of no
				more than 60 months, any financial assistance, including wages, cash transfers,
				or gifts, that is provided to a person who is enrolled in a program or research
				project that is not funded with general revenue funds that is intended to
				investigate impacts of policies or programs designed to reduce poverty, promote
				social mobility, or increase financial stability for Illinois residents, if
				there is an explicit plan to collect data and evaluate the program or
				initiative that is developed prior to participants in the study being enrolled
				in the program and if a research team has been identified to oversee the
				evaluation.