Bill Text: IL SB3123 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Public Aid Code. In provisions concerning the Temporary Assistance for Needy Families program, provides that the child support collected on behalf of a family shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program (rather than the first $100 of child support collected on behalf of a family in a month for one child and the first $200 of child support collected on behalf of a family in a month for 2 or more children shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program). Provides that beginning October 1, 2022 (rather than October 1, 2018) the Department of Human Services shall increase TANF grant amounts in effect on September 30, 2022 (rather than September 30, 2018) to at least 50% (rather than 30%) of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for each family size. Provides that beginning October 1, 2023 (rather than October 1, 2019), and each October 1 thereafter, the maximum benefit levels shall be annually adjusted to remain equal to at least 50% (rather than 30%) of the most recent poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services for each family size. Effective October 1, 2022.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2022-02-10 - Rule 3-9(a) / Re-referred to Assignments [SB3123 Detail]

Download: Illinois-2021-SB3123-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3123 Introduced 1/11/2022, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
305 ILCS 5/4-1.6 from Ch. 23, par. 4-1.6
305 ILCS 5/12-4.11 from Ch. 23, par. 12-4.11
Amends the Illinois Public Aid Code. In provisions concerning the Temporary Assistance for Needy Families program, provides that the child support collected on behalf of a family shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program (rather than the first $100 of child support collected on behalf of a family in a month for one child and the first $200 of child support collected on behalf of a family in a month for 2 or more children shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program). Provides that beginning October 1, 2022 (rather than October 1, 2018) the Department of Human Services shall increase TANF grant amounts in effect on September 30, 2022 (rather than September 30, 2018) to at least 50% (rather than 30%) of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for each family size. Provides that beginning October 1, 2023 (rather than October 1, 2019), and each October 1 thereafter, the maximum benefit levels shall be annually adjusted to remain equal to at least 50% (rather than 30%) of the most recent poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services for each family size. Effective October 1, 2022.
LRB102 23322 KTG 32488 b
A BILL FOR
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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Sections 4-1.6 and 12-4.11 as follows:
(305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
Sec. 4-1.6. Need. Income available to the family as
defined by the Illinois Department by rule, or to the child in
the case of a child removed from his or her home, when added to
contributions in money, substance or services from other
sources, including income available from parents absent from
the home or from a stepparent, contributions made for the
benefit of the parent or other persons necessary to provide
care and supervision to the child, and contributions from
legally responsible relatives, must be equal to or less than
the grant amount established by Department regulation for such
a person. For purposes of eligibility for aid under this
Article, the Department shall (a) disregard all earned income
between the grant amount and 50% of the Federal Poverty Level
and (b) disregard the value of all assets held by the family.
In considering income to be taken into account,
consideration shall be given to any expenses reasonably
attributable to the earning of such income. Three-fourths of

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the earned income of a household eligible for aid under this
Article shall be disregarded when determining the level of
assistance for which a household is eligible. The first $100
of child support collected on behalf of a family in a month for
one child and the first $200 of child support collected on
behalf of a family in a month for 2 or more children shall be
passed through to the family and disregarded in determining
the amount of the assistance grant provided to the family
under this Article. Any amount of child support that would be
disregarded in determining the amount of the assistance grant
shall be disregarded in determining eligibility for cash
assistance provided under this Article. The Illinois
Department may also permit all or any portion of earned or
other income to be set aside for the future identifiable needs
of a child. The Illinois Department may provide by rule and
regulation for the exemptions thus permitted or required. 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 Persons with Disabilities
Property Tax Relief Act" or any distributions or items of
income described under subparagraph (X) of paragraph (2) of
subsection (a) of Section 203 of the Illinois Income Tax Act.
The Illinois Department may, by rule, set forth criteria
under which an assistance unit is ineligible for cash
assistance under this Article for a specified number of months
due to the receipt of a lump sum payment.

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(Source: P.A. 98-114, eff. 7-29-13; 99-143, eff. 7-27-15;
99-899, eff. 1-1-17.)
(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
Sec. 12-4.11. Grant amounts. The Department, with due
regard for and subject to budgetary limitations, shall
establish grant amounts for each of the programs, by
regulation. The grant amounts may vary by program, size of
assistance unit and geographic area. Grant amounts under the
Temporary Assistance for Needy Families (TANF) program may not
vary on the basis of a TANF recipient's county of residence.
Aid payments shall not be reduced except: (1) for changes
in the cost of items included in the grant amounts, or (2) for
changes in the expenses of the recipient, or (3) for changes in
the income or resources available to the recipient, or (4) for
changes in grants resulting from adoption of a consolidated
grant amount.
The maximum benefit levels provided to TANF recipients
shall increase as follows: beginning October 1, 2022 2018, the
Department of Human Services shall increase TANF grant amounts
in effect on September 30, 2022 2018 to at least 50% 30% of the
most recent United States Department of Health and Human
Services Federal Poverty Guidelines for each family size.
Beginning October 1, 2023 2019, and each October 1 thereafter,
the maximum benefit levels shall be annually adjusted to
remain equal to at least 50% 30% of the most recent poverty

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guidelines updated periodically in the Federal Register by the
U.S. Department of Health and Human Services under the
authority of 42 U.S.C. 9902(2) for each family size.
TANF grants for child-only assistance units shall be at
least 75% of TANF grants for assistance units of the same size
that consist of a caretaker relative with children.
In fixing standards to govern payments or reimbursements
for funeral and burial expenses, the Department shall
establish a minimum allowable amount of not less than $1,000
for Department payment of funeral services and not less than
$500 for Department payment of burial or cremation services.
On January 1, 2006, July 1, 2006, and July 1, 2007, the
Department shall increase the minimum reimbursement amount for
funeral and burial expenses under this Section by a percentage
equal to the percentage increase in the Consumer Price Index
for All Urban Consumers, if any, during the 12 months
immediately preceding that January 1 or July 1. In
establishing the minimum allowable amount, the Department
shall take into account the services essential to a dignified,
low-cost (i) funeral and (ii) burial or cremation, including
reasonable amounts that may be necessary for burial space and
cemetery charges, and any applicable taxes or other required
governmental fees or charges. If no person has agreed to pay
the total cost of the (i) funeral and (ii) burial or cremation
charges, the Department shall pay the vendor the actual costs
of the (i) funeral and (ii) burial or cremation, or the minimum

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allowable amount for each service as established by the
Department, whichever is less, provided that the Department
reduces its payments by the amount available from the
following sources: the decedent's assets and available
resources and the anticipated amounts of any death benefits
available to the decedent's estate, and amounts paid and
arranged to be paid by the decedent's legally responsible
relatives. A legally responsible relative is expected to pay
(i) funeral and (ii) burial or cremation expenses unless
financially unable to do so.
Nothing contained in this Section or in any other Section
of this Code shall be construed to prohibit the Illinois
Department (1) from consolidating existing standards on the
basis of any standards which are or were in effect on, or
subsequent to July 1, 1969, or (2) from employing any
consolidated standards in determining need for public aid and
the amount of money payment or grant for individual recipients
or recipient families.
(Source: P.A. 100-587, eff. 6-4-18; 101-103, eff. 7-19-19.)
Section 99. Effective date. This Act takes effect October
1, 2022.