reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart B - NON-FINANCIAL FACTORS OF ELIGIBILITY › Section 113.10 - Citizenship

Current through Register Vol. 48, No. 28, July 12, 2024
To be eligible for assistance, an individual shall be either
				  a U.S. citizen or a non-citizen within specific categories and subject to
				  specific restrictions as set forth in this Section.
a) Citizenship status - Persons born in the
				U.S., or in its possessions, are U.S. citizens. Citizenship can also be
				acquired by naturalization through court proceedings, or by certain persons
				born in a foreign country of U.S. citizen parents.
b) Non-citizens
1) The following categories of non-citizens
				may receive assistance, if otherwise eligible:
A) A United States veteran honorably
				discharged and a person on active military duty, and the spouse and unmarried
				dependent children of such a person;
B) Refugees under section 207 of the
				Immigration and Nationality Act (INA) (
				8
				USC 1157 );
C) Asylees under section 208 (
				8 USC
				1158 ) of INA;
D) Persons for whom deportation has been
				withheld under section 243(h) of INA (
				8 USC
				1253(h) ) prior to September
				30, 1996, or section 241(b)(3) of INA (
				8 USC
				1231(b)(3) ) on or after
				September 30, 1996;
E) Persons
				granted conditional entry under section 203(a)(7) of INA (
				8 USC
				1153 ), as in effect prior to April 1,
				1980;
F) Persons lawfully admitted
				for permanent residence under the INA including:
i) Afghani immigrants with special immigrant
				status under section 101(a)(27) of INA (
				8 USC
				1101 ). The five-year residency requirement
				set forth in subsection (b)(2) of this Section does not apply to this
				sub-group.
ii) Iraqi immigrants
				with special immigrant status under section 101(a)(27) of INA. The five-year
				residency requirement set forth in subsection (b)(2) of this Section does not
				apply to this sub-group;
G) Parolees, for at least one year, under
				section 212(d)(5) of INA (
				8 USC 1182
				);
H) Persons who are a spouse,
				widow or child of a U.S. citizen or a spouse or child of a legal permanent
				resident (LPR) who have been battered or subjected to extreme cruelty by the
				U.S. citizen or LPR or a member of that relative's family who lived with them,
				who no longer live with the abuser or plans to live separately within one month
				after receipt of assistance and whose need for assistance is due, at least in
				part, to the abuse; and
I) Victims
				of trafficking, or the minor child, spouse, parent or sibling of the
				trafficking victim, who have been certified by, or whose status has been
				verified by, the federal Office of Refugee Resettlement (ORR).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart B - NON-FINANCIAL FACTORS OF ELIGIBILITY › Section 113.20 - Residence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only those
				persons who are legally admitted to the United States can be found to be
				residents of the State of Illinois.
b) In order to be eligible an individual must
				be a resident of Illinois, but does not require actual physical presence within
				the State.
c) An individual is a
				resident of Illinois if living in Illinois (as defined by Section 2-10 of the
				Illinois Public Aid Code, Ill. Rev. Stat. 1983, ch. 23, par. 2-10) or if living
				in an out-of-state institution (as defined at
				42 CFR
				435.403(b)(1984) ) and was
				placed there by an Illinois agency unless:
1)
				the individual maintains a house, apartment or other home in another State;
				or
2) the individual voluntarily
				leaves the out-of-state institution in which the individual was placed by an
				Illinois agency and does not return to Illinois; or
3) the individual is receiving a State
				Supplementary Payment (as defined at
				42 CFR
				435.4(1984), Mandatory State
				Supplement or Optional State Supplemental) from another State as a resident of
				that State; or
4) the individual
				was placed in an institution located in Illinois by another State.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart B - NON-FINANCIAL FACTORS OF ELIGIBILITY › Section 113.30 - Age

Current through Register Vol. 48, No. 28, July 12, 2024
a) There is no age
				requirement for Aid to the Aged, Blind or Disabled (Blind) (AABD(B)) and Aid to
				the Aged, Blind or Disabled (Disabled) (AABD(D)).
b) An individual must be 65 year of age or
				older to qualify for Aid to the Aged, Blind or Disabled (Aged)
				(AABD(A)).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart B - NON-FINANCIAL FACTORS OF ELIGIBILITY › Section 113.40 - Blind

Current through Register Vol. 48, No. 28, July 12, 2024
a) To be eligible
				for assistance as a blind person, an individual must be determined blind as
				currently defined by the Social Security Administration (SSA). (See 20 CFR 416,
				Subpart I, April 1, 1984.)
b) If an
				individual is receiving Supplemental Security Income (SSI) or primary Social
				Security (OASDI) benefits, the Department shall accept the Social Security
				Administration's (SSA) determination of blindness. The Department will make the
				determination of blindness when the client has been denied SSI on the basis of
				too much income. The Department uses the same criteria for blindness as is used
				under SSI. (See 20 CFR 416, Subpart I, April 1, 1984.)
c) Determination Process
1) If an individual receiving assistance is
				determined currently "not blind" by SSA under the SSI or primary OASDI
				programs, the Department shall accept SSA's determination of blindness and
				cancel the case, no matter which agency made the original determination of
				eligibility.
2) If the individual
				appeals the SSA determination of blindness to SSA, and continues to receive SSI
				and/or OASDI, assistance shall be continued or reinstated through the level of
				a determination by an Administrative Law Judge (ALJ) subject to the time limits
				of subsection (c)(3) of this Section.
3) If the client notifies the Department of
				his appeal to SSA within 10 days after the date of the Department notice,
				assistance will be continued with no break. If the client notifies the
				Department of his appeal to SSA within 11 through 65 days after the date of the
				Department notice, assistance will be reinstated back to the original date of
				cancellation. If the client notifies the Department of his appeal to SSA more
				than 65 days after the date of the Department notice, assistance will be
				provided prospectively only, unless the client actually appealed to SSA within
				65 days from the date of the Department notice, in which case assistance will
				be reinstated back to the original date of cancellation.
4) If an Administrative Law Judge finds the
				individual "not blind", the Department shall accept that finding as final. The
				individual shall not have the right to appeal the determination of blindness to
				the Department at any time during this process.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart B - NON-FINANCIAL FACTORS OF ELIGIBILITY › Section 113.50 - Disabled

Current through Register Vol. 48, No. 28, July 12, 2024
a) To be eligible
				for assistance as a disabled person, an individual must be determined disabled
				as currently defined by the Social Security Administration. (See 20 CFR 416,
				Subpart I, April 1, 1984.)
b) If an
				individual is receiving Supplemental Security Income (SSI) or primary Social
				Security (OASDI) benefits, the Department shall accept the Social Security
				Administration's (SSA) determination of disability. The Department will make
				the determination of disability when the client has been denied SSI on the
				basis of too much income. The Department uses the same criteria for disability
				as is used under SSI. (See 20 CFR 416, Subpart I, April 1, 1984.)
c) Determination Process
1) If an individual receiving assistance is
				determined currently "not disabled" by SSA under the SSI or primary OASDI
				programs, the Department shall accept SSA's determination of disability and
				cancel the case, no matter which agency made the original determination of
				eligibility.
2) If the individual
				appeals the SSA determination of disability to SSA, and continues to receive
				SSI and/or OASDI, assistance shall be continued or reinstated through the level
				of a determination by an Administrative Law Judge (ALJ) subject to the time
				limits of subsection (c)(3) of this Section.
3) If the client notifies the Department of
				his appeal to SSA within 10 days after the date of the Department notice,
				assistance will be continued with no break. If the client notifies the
				Department of his appeal to SSA within 11 through 65 days after the date of the
				Department notice, assistance will be reinstated back to the original date of
				cancellation. If the client notifies the Department of his appeal to SSA more
				than 65 days after the date of the Department notice, assistance will be
				provided prospectively only, unless the client actually appealed to SSA within
				65 days from the date of the Department notice, in which case assistance will
				be reinstated back to the original date of cancellation.
4) If an Administrative Law Judge finds the
				individual "not disabled", the Department shall accept that finding as final.
				The individual shall not have the right to appeal the determination of
				disability to the Department at any time during this process.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart B - NON-FINANCIAL FACTORS OF ELIGIBILITY › Section 113.60 - Living Arrangement

Current through Register Vol. 48, No. 28, July 12, 2024
All persons included in the assistance unit must be residing
				  in the same household. To be included in the assistance unit as a child, the
				  child must live with a specified relative in that relative's home. The relative
				  must exercise primary responsibility for care and supervision of the child,
				  even though either the child or the relative is temporarily absent from the
				  customary family setting.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart B - NON-FINANCIAL FACTORS OF ELIGIBILITY › Section 113.70 - Institutional Status

Current through Register Vol. 48, No. 28, July 12, 2024
a) Individuals
				residing in public institutions (see
				42 CFR
				435.1009 ) are ineligible for financial and
				medical assistance.
b) Individuals
				between the ages of 22-64 who are patients in an institution for Mental
				Diseases (see
				42 CFR
				435.1009 ) are ineligible for financial and
				medical assistance. These individuals continue to be ineligible for financial
				and medical assistance while temporarily discharged for the purpose of
				obtaining medical care. Individuals who are temporarily discharged remain
				patients of the institution as long as they are not given a complete or
				absolute discharge while they receive medical care. An individual on
				conditional release or convalescent leave from an Institution for Mental
				Diseases is not considered to be a patient in that institution. A conditional
				release or convalescent leave is one that provides treatment for the illness or
				condition for which the individual was institutionalized rather than for a
				medical condition.
c) Individuals
				residing in public, educational or vocational training institutions may be
				eligible for MANG (AABD) only.
d)
				Individuals confined in or under the jurisdiction of any local, state, or
				federal, penal or correctional institution or law enforcement authority are
				ineligible for assistance.
e)
				Residents of a private psychiatric hospital certified for participation in the
				Medicare Program who are 65 years of age or older may be eligible for
				assistance. Those individuals residing in a private psychiatric hospital not
				certified to participate in the Medicare Program are not eligible for public
				assistance.
f) Individuals under
				age 21 residing in a private psychiatric hospital having JCAH accreditation may
				be eligible for public assistance.
g) A resident of a private institution who
				has a contract with the institution providing total needs throughout life is
				ineligible, as no needs remain to be met.
h) Residents of private institutions (other
				than those who have purchased life care contracts) are ineligible for public
				assistance when they have purchased care and maintenance to provide for all
				their needs in the institution and the amount paid has not been wholly consumed
				for care.
i) Individuals, living in
				a public or a private facility which has official policies and administrative
				procedures which are not in conformance or are in conflict with the Public Aid
				Code provision or Department rules governing eligibility for public assistance,
				are ineligible for public assistance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart B - NON-FINANCIAL FACTORS OF ELIGIBILITY › Section 113.80 - Social Security Number

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall request the Social Security Number of
				  each individual (including children) applying for assistance and;
a) advise the client(s) that disclosure of or
				application for a Social Security Number is voluntary;
b) inform the client(s) by what statute the
				Social Security Number is requested; and
c) inform the client that Social Security
				Numbers will be used only in the administration of the Medicaid
				program.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.100 - Unearned Income

Current through Register Vol. 48, No. 28, July 12, 2024
a) All currently
				available, unearned income which is not specified as exempt shall be considered
				in the determination of eligibility and the level of the assistance
				payment.
b) Unearned income is all
				income other than that received in the form of salary for services performed as
				an employee or profits from self-employment.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.101 - Budgeting Unearned Income

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Budgeting is the method by which non-exempt income is compared to the
				applicable payment levels (as contained in Sections
				113.246 to
				113.256 ) plus
				additional income maintenance needs to determine the amount of the monthly
				assistance payment for the assistance unit.
b) Monthly unearned income of a client is
				budgeted on the basis of the income that is anticipated to be received in the
				payment month.
c) If a recipient
				has more than one source of unearned income, the monthly income shall be
				calculated from all sources.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.102 - Budgeting Unearned Income of Applicants Receiving Income on Date of Application And/Or Date of Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				unearned income received or expected to be received during a thirty day period
				commencing with the day of application shall be considered in the determination
				of eligibility.
b) If the client is
				eligible, the amount of his initial prorated entitlement period (IPE) grant
				shall be based on the income which the client expects to receive during the IPE
				period. The IPE period is the period of time from when assistance first begins
				to the time recipient receives the first regular grant.
c) For the months following the IPE, the
				amount of the grant shall be based on the amount of income anticipated to be
				received during the payment month.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.103 - Initial Receipt of Unearned Income

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a recipient reports that he has begun
				receiving unearned income, a determination of continued eligibility shall be
				made.
b) Income which the recipient
				expects to receive during the payment month shall be considered in the
				determination of eligibility.
c) If
				the recipient remains eligible, the income anticipated to be received during
				the payment month shall be budgeted for the payment month.
d) If a recipient fails to report that he has
				begun to receive unearned income, a determination of eligibility shall be
				conducted when the Department learns of the receipt. The Department shall also
				determine at that time whether there has been overpayment (in accordance with
				89 Ill. Adm. Code
				102.100
				).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.104 - Termination of Unearned Income

Current through Register Vol. 48, No. 28, July 12, 2024
If a recipient reports that unearned income has ended, income
				  is no longer budgeted beginning with the payment month following the receipt of
				  the last unearned income amount.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.105 - Unearned Income In-Kind

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Unearned Income in-kind is payment made by a non-member of the assistance unit
				in behalf of or in the name of a member of the assistance unit.
b) Unearned income in-kind shall be
				exempt.
c) When the assistance unit
				shares a dwelling unit with another family or individual(s), the exchange of
				cash for purposes of satisfying payment of shelter related obligations shall
				not constitute an income in-kind payment and shall not be considered available
				to meet the needs of the person who receives and disburses the shelter-related
				payment.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.106 - Earmarked Income

Current through Register Vol. 48, No. 28, July 12, 2024
a) Earmarked
				income is income restricted for the use of a specified individual by court
				order, or by legal stipulation of a contributor.
b) Earmarked income shall be budgeted against
				the needs of the specified individual only.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.107 - Lump-Sum Payments and Income Tax Refunds

Current through Register Vol. 48, No. 28, July 12, 2024
a) A lump-sum payment is a one time payment
				such as retroactive VA, SSA or UI benefits, lottery winnings, insurance
				settlements, etc. If the amount of the lump-sum payment and other countable
				monthly income is sufficient to meet the client's needs prospectively for a
				period of at least one month, eligibility for assistance does not exist.
				However, if continued eligibility exists, the lump-sum payment is budgeted
				against the payment month following the month in which the lump-sum payment was
				received. Any amount remaining in the client's possession after the month of
				receipt is considered an asset subject to the appropriate asset disregard.
AGENCY NOTE: A child's SSI lump-sum payment that is paid
				  directly, on behalf of a child, into a dedicated account is not countable as
				  income when received or as an asset in the month(s) following the month of
				  receipt.
b) When a lump-sum
				payment is from SSI, and is not paid into a dedicated account, if continued
				eligibility for financial assistance does not exist, continue to provide
				medical assistance only. An SSI lump-sum payment paid into a dedicated account
				does not affect financial assistance eligibility.
c) A federal income tax refund received after
				December 31, 2009 and before January 1, 2013 is considered an exempt asset. All
				income tax refunds received on or after January 1, 2013 shall be considered
				available assets and are to be considered against the appropriate non-exempt
				asset limitation of the assistance unit. One-half of joint tax refunds shall be
				considered available for each payee. A client who declares that less than
				one-half of the joint income tax was received may claim an exception. Only the
				amount claimed to be received shall be considered.
d) If a client is the beneficiary of a life
				insurance policy any portion of those proceeds not in excess of $1500 used to
				pay for the funeral/burial expenses of the insured shall be exempt as
				income.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.111 - Protected Income

Current through Register Vol. 48, No. 28, July 12, 2024
Supplemental Security Income (SSI) shall be protected income
				  which shall not be considered available to meet the needs of any other
				  individual.
AGENCY NOTE: Retroactive lump-sum payments made by the
					 Social Security Administration to SSI recipients, except those paid directly on
					 behalf of a child into a dedicated account, are not protected income but are to
					 be considered as any other lump-sum
					 payment.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.112 - Earned Income

Current through Register Vol. 48, No. 28, July 12, 2024
a) All currently
				available income which is not specified as exempt shall be considered in the
				determination of eligibility and the level of the assistance payment.
b) Earned income is remuneration acquired
				through the receipt of salaries or wages for services performed as an employee
				or profits from an activity in which the individual is self-employed.
c) Earned income received through the Job
				Training Partnership Act ( 29 U.S.C. 1501 -
				1781 ) must be budgeted
				against the AABD grant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.114 - Budgeting Earned Income of Applicants

Current through Register Vol. 48, No. 28, July 12, 2024
a) The earned income received or expected to
				be received during a thirty day period commencing with the day of application
				shall be considered in the determination of eligibility.
b) If the client is eligible, the amount of
				his initial prorated entitlement period (IPE) grant shall be based on the
				income which the client expects to receive during the IPE period. The IPE
				period is the period of time from when assistance first begins to the time the
				recipient receives the first regular grant.
c) For the months following the IPE, the
				amount of the grant shall be based on the amount of income anticipated to be
				received in the payment month.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.115 - Initial Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
				recipient reports that he has begun employment, a determination of continued
				eligibility shall be made.
b)
				Income which the recipient expects to receive during the payment month shall be
				considered in the determination of eligibility.
c) If the recipient remains eligible, the
				income anticipated to be received during the payment month shall be budgeted
				for the payment month.
d) If a
				recipient fails to report that he has begun to work, a determination of
				eligibility shall be conducted when the Department learns of the employment.
				The Department shall also determine at that time whether there has been
				overpayment (in accordance with 89 Ill. Adm. Code
				102.100
				).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.116 - Budgeting Earned Income For Contractual Employees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contractual employees are:
1) construction workers with a written
				agreement to perform a task for specified compensation;
2) teachers;
3) substitute teachers in some school
				systems;
4) educational
				administrators; and
5) any person
				whose job duties and compensation are specified for a distinct time period by a
				written agreement.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.117 - Budgeting Earned Income For Non-contractual School Employees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Non-contractual
				School employees are:
1) teachers
				aides;
2) school secretaries and
				other clerical workers;
3) school
				cafeteria workers;
4) school
				custodians; and
5) other school
				employees who either have no contract and are laid off during the summer or
				have a contract or letter of agreement which does not state it is an annual
				contract or agreement and does not require the employee to work during the
				summer.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.118 - Termination of Employment

Current through Register Vol. 48, No. 28, July 12, 2024
If a recipient reports that employment has ended, income is
				  no longer budgeted beginning with the payment month following the receipt of
				  the last paycheck.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.120 - Exempt Earned Income

Current through Register Vol. 48, No. 28, July 12, 2024
a) AABD
				(Excluding Long Term Group Care). The first $25.00 of a client's earned or
				unearned income, other than contributions from a spouse or other individual
				shall be exempt from consideration in determining initial or continued
				eligibility for assistance grant. A client is eligible for only one $25.00
				exemption regardless of the types or sources of income.
b) Certain amounts of earned income shall be
				exempt:
1) AABD (A) (D). The first $20.00 of
				gross earned income plus one-half of the next $60.00 shall be exempt.
2) AABD (B)
A) The first $85.00 of the gross earned
				income plus one-half of the amount in excess of $85.00 shall be
				exempt.
B) Amounts of income as may
				be necessary for fulfillment of a client's plan for achieving self-support for
				a period not to exceed 12 months shall be exempt.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.125 - Recognized Employment Expenses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The following recognized expenses of employment shall be exempt from
				consideration:
1) Withholding taxes (Federal
				and State);
2) Social Security
				tax;
3) Transportation at the most
				reasonable rate. If the individual's own car is the most economical means of
				transportation 19 cents per mile shall be allowed as transportation
				expense;
4) Lunch supplementation:
A) If carried from home, 15 cents per working
				day to a maximum of $3.00 per month;
B) If purchased at work, 45 cents per working
				day to a maximum of $9.00 per month;
5) Special tools and uniforms required by
				employment;
* 6) Union
				dues;
* 7) Group life insurance
				premiums;
* 8) Group health
				insurance premiums;
* 9) Retirement
				plan withholdings; and
10) The
				reasonable cost of items and services which are needed and used to enable a
				disabled person to work.
*Agency Note: Only if mandatory as a condition of
				  employment
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.130 - Income From Work/Study/Training Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Earned income received through the Job
				Training Partnership Act must be budgeted against the AABD grant.
b) Unearned income such as need based
				payments, cash assistance, compensation in lieu of wages and allowances
				received through the Job Training Partnership Act is exempt.
c) Education Benefits
1) Federal Loan and Grant Program
A) Income from education loans and grants
				made or insured under any program administered by the Federal Department of
				Education is totally exempt whether the grant is paid directly to the schools
				or to the student.
B) These loans
				and grants include, but are not limited, to the following:
i) Pell Grants;
ii) National Direct Student Loans;
iii) PLUS Program;
iv) Byrd Honor Scholarship Program;
v) Supplementary Educational Opportunity
				Grant;
vi) College Work
				Study;
vii) Guaranteed Loan
				Program; and
viii) Assistance
				provided under the Carl D. Perkins Vocational and Applied Technology Education
				Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.131 - Earned Income From Self-Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Income realized from self-employment shall be considered earned
				income.
b) Accurate and complete
				records shall be kept on all monies received and spent through self-employment.
				If the individual fails or refuses to maintain complete business records, the
				assistance unit shall be ineligible.
c) Business expenses shall be verified. The
				individual shall have full responsibility for proof of any business expense. No
				deduction shall be allowed for depreciation, obsolescence and/or similar losses
				in the operation of the business. Gross income from the business shall be
				turned back into the business only to replace stock actually sold.
d) The net income shall be the gross
				remaining after the replacement of stock and business expenses have been
				considered, and the $75 appropriate employment expenses and child care
				expenses, as specified in Section
				113.125,
				have been deducted. The earned income exemption, if applicable, shall be
				computed on the net income.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.132 - Earned Income From Roomer and Boarder

Current through Register Vol. 48, No. 28, July 12, 2024
a) Money paid by roomers and/or boarders to a
				member of an assistance unit who represents himself as being self-employed in
				the business of renting rooms shall be considered earned income.
b) The following times shall be allowed as
				deductions for a roomer and boarder.
1)
				Replacement of towels and bed linen - $1.50
2) Laundry - 55 ¢ for
				additional supplies when the recipient launders the linen; or the roomer's per
				capita cost when laundry is done commercially
3) Food - if the roomer and boarder receives
				public assistance, the allowance is the appropriate AABD financial standard. If
				the roomer and boarder does not receive public assistance, the allowance is the
				appropriate AABD standard plus 25% of the allowance
4) Earned income exemptions as
				applicable.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.133 - Earned Income From Rental Property

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Income which a client receives from rental property which he owns shall be
				considered earned income if the client is actively engaged in the management of
				the property for an average.
b)
				When determining net income, the reasonable and necessary rental expenses which
				the client incurs in the production of income may be deducted from the gross
				income.
c) If a client is
				responsible for cleaning a room and providing clean linens, the income which he
				receives shall be considered earned income from a roomer rather than earned
				income from rental property.
d)
				After deduction of rental expenses, the appropriate employment expenses as
				specified in Section
				113.125,
				shall be deducted to determine net rental income.
e) The appropriate earnings disregard shall
				be deducted from gross rental income (after deducting expenses) to determine
				net income.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.134 - Earned Income In-Kind

Current through Register Vol. 48, No. 28, July 12, 2024
a) Earned income
				in-kind is remuneration received in a form other than cash for services
				performed. Such remuneration shall include, but is not limitated to housing,
				food (except meals provided while working), satisfaction of a debt, or a
				service provided by the employer for the employee.
b) Earned income-in-kind shall be
				exempt.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.139 - Payments from the Illinois Department of Children and Family Services

Current through Register Vol. 48, No. 28, July 12, 2024
Foster Care Payments
a) The following foster care payments made by
				the Department of Children and Families Services (DCFS) are to be considered
				exempt unearned income when determining the eligibility of the assistance unit
				(exclusive of the foster child).
1) Basic
				maintenance payments.
2) Special
				service fee payments.
3) Intensive
				service fee payments.
4) Monthly
				retainer fee payments.
5) Adoption
				Subsidies.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.140 - Assets

Current through Register Vol. 48, No. 28, July 12, 2024
a) The value of
				nonexempt assets shall be considered in determining eligibility for an
				assistance payment.
b) The entire
				equity value of jointly held assets shall be considered in determining
				eligibility for an assistance payment, unless:
1) The asset is a joint income tax refund;
				or
2) The client documents that the
				client does not have access to the asset. Appropriate documents may include,
				but are not limited to, bank documents, signature cards, trust documents,
				divorce papers, and papers from court proceedings; or
3) The asset is held jointly with a client or
				clients of any Illinois Department of Public Aid program, other than Food
				Stamps; or
4) The client can
				document the amount of his legal interest in the asset, and that such amount is
				less than the entire value of the asset, then the documented amount shall be
				considered. Appropriate documentation, may include, but is not limited to, bank
				documents, trust documents, signature cards, divorce papers, or court orders;
				or
5) The client documents that the
				asset or a portion of the asset is not owned by the client and the client's
				accessibility to the asset is changed (see subsections (b)(2) and (4) above for
				documentation examples).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.142 - Asset Disregard

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the exempt assets listed in Section
				  113.141, the cash
				  value of assets shall be disregarded as follows:
a) $2,000.00 for a client and $3.000.00 for a
				client and one dependent residing together.
b) $50.00 for each additional dependent
				residing in the same household.
c)
				Eligibility for AABD does not exist when non-exempt assets exceed the above
				disregard.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.143 - Deferral of Consideration of Assets

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a client's non-exempt assets exceed the
				allowable disregards, consideration of the non-liquid assets shall be deferred
				if:
1) Total non-exempt liquid assets do not
				exceed three times the Supplemental Security Income payment level (see 20 CFR
				Part 416, Subpart D, 1987); and
2)
				The individual agrees in writing to:
A)
				dispose of real property within six months of the written agreement,
B) dispose of other property within three
				months of the agreement,
C)
				reimburse the Department for assistance paid to or in behalf of the client
				while the asset was deferred.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.156 - Court Ordered Child Support Payments of Parent/Step-Parent

Current through Register Vol. 48, No. 28, July 12, 2024
a) Child support payments (actually made as
				required by a court order) shall be deducted from non-exempt income in
				determining eligibility and the level of assistance.
b) Deductions for court ordered child support
				payments cannot exceed the total amount of budgeted net income.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.157 - Responsibility of Sponsors of Non-citizens Entering the Country Prior to 8/22/96

Current through Register Vol. 48, No. 28, July 12, 2024
a) This
				Section, except as specified in Subsection (b) of this Section, applies to all
				non-citizens who entered the country prior to August 22, 1996, or who entered
				the country on or after that date but whose sponsor did not sign an Affidavit
				of Support under Section 213A of the Immigration and Nationality Act (INA) ( 8
				USCA 1183A ).
b) This Section
				applies to all non-citizens except the following:
1) persons paroled under Section 212(d)(5) of
				the Immigration and Nationality Act ( 8 USCA 1182(d)(5) ) (INA) for at least
				one year and who entered the United States before August 22, 1996;
2) persons granted asylum by the U.S.
				Attorney General under Section 208 of the INA ( 8 USCA 1158 );
3) persons admitted as Cuban or Haitian
				entrants;
4) persons admitted by
				application before April 1, 1980, under Section 203(a)(7) of the INA ( 8 USCA
				1153(a)(7) );
5) persons admitted
				as refugees by application after March 31, 1980, under Section 207(c) of the
				INA ( 8 USCA 1157(c)(1) );
6)
				persons who became blind or disabled, as defined by the Social Security
				Administration in
				20 CFR 416.901,
				after entering the United States;
7) persons whose deportation is being
				withheld under Section 243(h) of the INA ( 8 USCA 1253(h) ); and
8) MANG applicants and recipients.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.158 - Responsibility of Sponsors of Non-citizens Entering the Country On or After 8/22/96

Current through Register Vol. 48, No. 28, July 12, 2024
a) This
				Section applies to all non-citizens who entered the country on or after August
				22, 1996, and whose sponsor signed an Affidavit of Support under Section 213A
				of the Immigration and Nationality Act (INA) ( 8 USCA 1183A ).
b) This Section applies to all non-citizens
				except the following:
1) persons granted
				asylum by the U.S. Attorney General under Section 208 of the INA ( 8 USCA 1158
				);
2) persons admitted as Cuban or
				Haitian entrants;
3) persons
				admitted as refugees by application after March 31, 1980, under Section 207 of
				the INA ( 8 USCA 1157 ); and
4)
				persons whose deportation is being withheld under Section 243(h) of the INA ( 8
				USCA 1253(h) ).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart C - FINANCIAL FACTORS OF ELIGIBILITY › Section 113.160 - Assignment of Medical Support Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) As a condition of eligibility for medical
				assistance under the AABD Program, each applicant or recipient by operation of
				State law, automatically assigns to the Department any rights to support which
				the applicant or recipient may have. This assignment gives the Department the
				right to collect support money directly from the absent spouse in order to be
				reimbursed for assistance given to the applicant/recipient.
b) As a condition of eligibility for medical
				assistance under the AABD Program each legally able applicant and recipient
				must cooperate (see 89 Ill. Adm. Code
				120.320(b)
				with the Department in obtaining medical support or payments. Note: Cooperation
				in establishing paternity is not a requirement for medical assistance under the
				AABD Program.) ("Legally able" means the applicant/recipient has the legal
				authority to execute an assignment of medical support rights.)
c) Failure or Refusal to Cooperate in
				Obtaining Medical Support or Payments
1) If
				an applicant/recipient fails or refuses to cooperate with the Department in
				obtaining medical support or payments, he/she is ineligible for medical
				assistance and will be removed from the assistance unit for medical assistance.
				(Non-cooperation is failure/refusal to comply with the requirements (except
				"paternity") of 89 Ill. Adm. Code
				120.320(b)
				). However, the applicant/recipient remains eligible for AABD cash
				benefits.
2) If the
				applicant/recipient fails/refuses to cooperate in obtaining medical
				support/payments (not applicable to "establishing paternity") or sign-up for no
				cost medical insurance, he/she is ineligible for medical assistance for as long
				as he/she continues to fail/refuse to cooperate. If the applicant/recipient
				later wishes to receive medical assistance, then he/she must cooperate by
				complying with the requirement (see 89 Ill. Adm. Code
				120.320(b)
				that he/she previously failed/refused to meet.
3) An applicant/recipient can appeal the
				Department's determination that he/she failed/refused to cooperate in obtaining
				medical support payments or that he/she failed/refused to sign-up for no cost
				medical insurance. Such appeal shall be in accordance with 89 Ill. Adm. Code
				14: Subpart A.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart D - PAYMENT AMOUNTS › Section 113.245 - Payment Levels for AABD

Current through Register Vol. 48, No. 28, July 12, 2024
a) Payment
				Levels for AABD cases are determined by using individual allowances.
b) Allowances which may be included for
				eligible cases are contained in Sections
				113.246 to
				113.264.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart D - PAYMENT AMOUNTS › Section 113.246 - Personal Allowance

Current through Register Vol. 48, No. 28, July 12, 2024
The personal allowance is the sum of any combination of
				  individual allowances for:
a)
				Food.
b) Clothing.
c) Household Supplies.
d) Personal Essentials.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart D - PAYMENT AMOUNTS › Section 113.247 - Personal Allowance Amounts

Current through Register Vol. 48, No. 28, July 12, 2024
The amount of the personal allowance, based on degree of
				  activity, number eating together, and living arrangement, is as follows:
a) For an active recipient:
PERSONS EATING TOGETHER
FOOD
CLOTHING
HOUSEHOLD SUPPLIES
PERSONAL ESSENTIALS
1
$38.68
$8.77
$2.56
$12.42
2
$35.47
$8.77
$2.04
$10.97
3 thru 7
$32.25
$8.77
$1.72
$10.97
8 or more
$31.70
$8.77
$1.47
$10.97
b)
				For a bedfast recipient:
PERSONS EATING TOGETHER
FOOD
CLOTHING
HOUSEHOLD SUPPLIES
PERSONAL ESSENTIALS
1
$35.91
$4.24
$2.56
$5.40
2
$32.91
$4.24
$2.04
$4.79
3 thru 7
$29.91
$4.24
$1.72
$4.79
8 or more
$29.46
$4.24
$1.47
$4.79
c)
				For a long term group care recipient, the personal allowance is
				$30.00.
d) Food
1) Therapeutic Diet Allowance
A therapeutic diet allowance is allowed to supplement the
				  regular food allowance when:
A) The
				diet is prescribed by a physician; and
B) The food allowance is insufficient to
				purchase the prescribed diet.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart D - PAYMENT AMOUNTS › Section 113.248 - Shelter

Current through Register Vol. 48, No. 28, July 12, 2024
a) Room and Board
For a client who has room and board arrangements, the actual
				  cost of room and board, not to exceed $134.98 per month is allowed in Cook,
				  Lake, DuPage, or Kane counties. Clients living in other counties are allowed
				  the actual cost of room and board, not to exceed $127.43 per month.
b) Rent
The maximum rental allowance, exclusive of utilities, heat,
				  water and furnishings, is the actual cost of rent, not to exceed $97.00. When a
				  client shares a living arrangement, the amount budgeted as rent is determined
				  on an equal share basis among all the members of the shared household. The
				  shelter maximum applies to the household, not to the shares of the individual
				  household members.
c)
				Property Expense, Taxes and Insurance
For clients living in homestead property, the actual cost,
				  not to exceed $97.00, of property expenses shall be allowed in lieu of rent.
				  Annual expenses (taxes, insurance) prorated on a monthly basis determine the
				  expense.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 113 - AID TO THE AGED, BLIND OR DISABLED › Subpart D - PAYMENT AMOUNTS › Section 113.249 - Utilities and Heating Fuel

Current through Register Vol. 48, No. 28, July 12, 2024
Allowances for utilities and heating fuel are based on the
				  number of persons included in the household. The total allowance is prorated
				  among the number of persons in the household. The allowances are established by
				  county as indicated in Section
				  113.259.
a) Water
Normal sewage charges are included in the allowance for
				  water.
b) Sewer
If, because of sewer taxes, the standard water allowance does
				  not cover the minimum charges for water and sewer, an allowance is to be made
				  to provide for the difference between the standard water allowance and the
				  minimum combined water and sewer charge.
c) Electricity
The allowance for electricity includes the cost of all
				  lighting, refrigeration and limited use of small appliances.
d) Cooking Fuel
The allowance for cooking fuel includes the cost of water
				  heating and cooking regardless of the type of fuel or type of cooking device
				  used.
e) Heating Fuels
An allowance is included for fuel to heat the client's place
				  of residence.
When electricity is used for heat, the allowance for the most
				  expensive heating fuel used in the region is to be allowed.
f) Garbage Disposal or Trash Removal
The cost of garbage pick-up at the minimum community
				  rate.