Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart A - GENERAL PROVISIONS › Section 160.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"AAA Request", for the purpose of this Part, refers to a
				  request for the Administrative Accountability Analysis (AAA) process that shall
				  include, but not be limited to, requests made in person, by mail, by e-mail, or
				  any other appropriate method provided for by law and technology that may exist
				  for similar proceedings in Illinois.
"AAA Conference", for the purpose of this Part, refers to
				  methods of conducting a AAA Conference that shall include, but not be limited
				  to, telephone, in person/face-to-face, videoconference (e.g., WebEx), or any
				  other appropriate method provided for by law and technology that may exist for
				  similar proceedings in Illinois.
"Application for IV-D Services" refers to an application for
				  child support enforcement services that is a signed, written request completed
				  in accordance with the Department's requirements for a IV-D case as defined in
				  Section
				  160.10(a)(9).
				  An electronic signature is created when a web application is submitted and
				  received via the internet. For the purpose of an application for IV-D Services,
				  application is meant to incorporate and be used interchangeably with similar
				  terms including enrollment, enrolling, and enroll, used in any communication
				  with existing or potential IV-D participants or in any publications or listings
				  offering IV-D Services to the public. These similar terms are all meant to
				  refer to the application for IV-D Services provided for under Federal and State
				  law.
"Assignment of Medical Support" refers to the transfer of
				  support rights to the Department by the acceptance of Medicaid benefits under
				  42
				  USC 1396k and Section 10-1 of the Illinois
				  Public Aid Code [305 ILCS 5 ].
"Assignment of Support" refers to the transfer of support
				  rights to the Department by the acceptance of TANF benefits, pursuant to
				  42 USC
				  608(a)(3) and Section 10-1
				  of the Illinois Public Aid Code [305 ILCS 5 ] or the Department of Children and
				  Family Services (DCFS), in the case of IV-E foster care, pursuant to
				  42 USC
				  671(a)(17) and Section 9.1
				  of the Children and Family Services Act [20 ILCS 505 ].
"Assistance Standard" shall have the meaning ascribed to it
				  in 89 Ill. Adm. Code 111.
"Cancellation" refers to the discontinuance of TANF financial
				  and medical benefits for an assistance unit because of the failure to satisfy
				  the conditions of eligibility under the Title IV-A State Plan.
"Central Authority" means the agency designated by a
				  government to facilitate support enforcement with a foreign reciprocating
				  country pursuant to section 459A of the Social Security Act (42 USC
				  659a) .
"Child" refers to any child under the age of 18 years and any
				  child under the age of 19 years who is still attending high school (see Section
				  505 of the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5
				  ]).
"Child Support Enforcement Services" refers to those services
				  provided to establish, enforce and collect support, in accordance with an
				  approved State Plan under Title IV-D of the Social Security Act (42 USC
				  654) .
"Country" means a foreign country (or a political subdivision
				  of a foreign country) declared to be a foreign reciprocating country pursuant
				  to section 459A of the Social Security Act (42 USC
				  659a) and any foreign country (or political
				  subdivision) with which the State of Illinois has entered into a reciprocal
				  arrangement for the establishment and enforcement of support obligations to the
				  extent consistent with federal law (section 459A(d) of the Social Security
				  Act).
"Custodial Parent" refers to a person who is receiving, or is
				  entitled to receive, under the law, support for a minor dependent (child) and
				  is meant to incorporate and be used interchangeably with all similar terms,
				  used in any statute or rule, referring to a person who is receiving, or is
				  entitled to receive, under the law, support for a minor dependent (child),
				  including the terms "CP", "payee", "obligee", or "parent".
"Date of Collection" for distribution purposes in all cases
				  refers to the date on which a collection is received by the Department as a
				  result of withholding of an amount by the Department of Employment Security
				  from a responsible relative's unemployment insurance benefits (UIB) to meet a
				  support obligation; a collection as a result of intercept of a federal income
				  tax refund is received by the Department: or in all other instances, a support
				  payment is received by the State Disbursement Unit (SDU) except that, if
				  current support is withheld by an employer in the month when due and received
				  by the SDU in the month following the month when due, the date of withholding
				  may be deemed to be the date of collection.
"Department" means the Illinois Department of Healthcare and
				  Family Services.
"Interview", for the purpose of this Part, refers to and
				  shall include, but not be limited to, any communication to gather necessary
				  information from a participant either through correspondence via mail, e-mail,
				  text, or via a conversation with a participant either face-to-face, by
				  telephone, by videoconference, or any other appropriate method provided for by
				  law and technology that may exist for similar proceedings in Illinois.
"IV-D Account Receivable" or "Support Account" refers to a
				  part of the accounting system in KIDS used to record charges, payments, and
				  account adjustments for a particular account. More than one account may exist
				  for a given caretaker relative and for a given responsible relative. For
				  example, a mother with two children by one father from one marriage, and three
				  children by a second father from another marriage, will have two support
				  accounts if there are two separate support obligations. If children are born in
				  a non-marital relationship, there will be one account per child.
"IV-D Program" or "IV-D" refers to the child support program
				  set forth in
				  42 USC
				  651 et seq. and this Part.
"IV-E Foster Care" or "IV-E" refers to the foster care
				  program set forth in
				  42
				  USC 670 et seq.
"Initial Receipt in the State" for disbursement purposes in
				  all cases refers to the date on which the Department of Employment Security
				  withholds an amount from a responsible relative's unemployment insurance
				  benefits (UIB) to meet a support obligation, when there is a withholding of
				  UIB, a collection as a result of intercept of a federal income tax refund is
				  received by the Department, or in all other instances, a support payment is
				  received by the State Disbursement Unit.
"Intergovernmental IV-D Case" refers to a IV-D case in which
				  the responsible relative lives and/or works in a different jurisdiction than
				  the custodial parent and children that has been referred by an initiating
				  agency to a responding agency for services. An intergovernmental case may
				  include any combination of referrals between states, tribes and countries. An
				  intergovernmental IV-D case also may include cases in which a state agency is
				  seeking only to collect support arrearages, whether owed to the family or
				  assigned to the state.
"Interstate IV-D Case" refers to a IV-D case in which the
				  responsible relative lives and/or works in a different state than the custodial
				  parent and children that has been referred by an initiating state to a
				  responding state for services. An interstate IV-D case also may include cases
				  in which a state is seeking only to collect support arrearages, whether owed to
				  the family or assigned to the state.
"Key Information Delivery System" or "KIDS" refers to the
				  data processing system used to process all IV-D cases in Illinois.
"MANG" refers to Medical Assistance No Grant under the
				  Medicaid Program, Title XIX of the Social Security Act (42
				  USC 1396k) , that is medical assistance to
				  families and individuals wherein no cash payment is made.
"Responsible Relative" refers to a person who is responsible,
				  or alleged to be responsible, under the law, for support of a minor dependent
				  (child) and is meant to incorporate and be used interchangeably with all
				  similar terms, used in any statute, referring to a person who is responsible,
				  or alleged to be responsible, under the law, for support of a minor dependent
				  (child), including the terms "non-custodial parent", "NCP", "obligor", "payor"
				  or "parent".
"Signed", for the purpose of this Part, refers to and shall
				  include, but not be limited to, a wet signature, an electronic signature, a
				  digital signature, or any method provided for by law and technology that may
				  exist for similar proceedings in Illinois.
"Support Case" refers to a case established in the KIDS for
				  the purpose of providing establishment, enforcement and collection services to
				  dependent children and their custodial parent, in accordance with the
				  provisions of Title IV-D of the Social Security Act (42
				  USC 654)
"Support Obligation" refers to the duty a non-custodial
				  relative owes to his or her dependents, as set forth in a legally valid court
				  or administrative order.
"TANF" refers to Temporary Assistance for Needy Families,
				  Title IV-A of the Social Security Act (42 USC 601 et
				  seq.) that is financial and medical assistance available to families with one
				  or more children or on behalf of children in foster care under the guardianship
				  of the Department of Children and Family Services.
"TANF MANG" refers to Medical Assistance No Grant cases in
				  which medical assistance only is available to families with one or more
				  children.
"TANF MANG Recipient" refers to a member of a family with one
				  or more children receiving medical assistance only in the current month.
"TANF Recipient" refers to a person who is receiving
				  financial and medical assistance under the TANF program in the current
				  month.
"Two Business Days", for purposes of disbursement of support
				  payments under Subpart F, shall have the meaning and be qualified in the same
				  manner as in Section 454B of the Social Security Act (42 USC
				  654b) .
"Unreimbursed Former AFDC or TANF" refers to the total amount
				  of financial assistance provided to a family unit, in accordance with Title
				  IV-A of the Social Security Act (42 USC 601 et
				  seq.) for which the State and federal governments have not been reimbursed. The
				  State and federal governments are limited in the amount of support payments
				  they may retain for "unreimbursed former AFDC or TANF", in accordance with the
				  provisions set forth in Sections
				  160.100,
				  160.110
				  and
				  160.130. The "amount of
				  unreimbursed assistance accrued prior to the former AFDC or TANF cancellation",
				  reported in the Department's "Statements of Child Support Account Activity for
				  Former Recipients" (see Section
				  160.140) , is
				  the limited amount the Department is entitled to retain.