Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 113 - AID TO THE AGED, BLIND OR DISABLED
Subpart C - FINANCIAL FACTORS OF ELIGIBILITY
Section 113.113 - Exempt Unearned Income
Universal Citation: 89 IL Admin Code ยง 113.113
Current through Register Vol. 48, No. 38, September 20, 2024
a) The following unearned income from governmental sources shall be exempt from consideration in determining eligibility for assistance and the amount of the assistance payment:
1) The value of the
benefit allotment under the Food and Nutrition Act of 2008 (7 USC
2017(b));
2) The value of the U.S. Department of
Agriculture donated foods (surplus commodities);
3) The value of supplemental food assistance
received under the Child Nutrition Act of 1966, as amended (42 USC
1780(b)), and the special
food service program for children under the Richard B. Russell National School
Lunch Act, as amended (42 USC
1760);
4) Any benefits received under Title VII,
Nutrition Program for the Elderly, of the Older Americans Act of 1965, as
amended (42 USC 3045 et seq.);
5)
Any payment received under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42
USC 4636);
6) Any funds distributed per capita or held
in trust for members of any Indian Tribe under P.L. 92-254, P.L. 93-134, or
P.L. 94-540;
7) Tax exempt portions
of payments made pursuant to the Alaska Native Claims Settlement Act (42 USC
1601 et seq.);
8) Any compensation
provided to individual volunteers under the Retired Senior Volunteer Program
and the Foster Grandparent Program and Older Americans Community Service
Programs established under Title VI of the Older Americans Act of 1965, as
amended (42 USC 3045 et seq.);
9)
Payments to Volunteers under the 1973 Domestic Volunteer Service Act (48 USC
5044(q)). These include:
A) Vista Volunteers;
and
B) Volunteers serving as senior
health aides, senior companions, foster grandparents, or persons serving in the
Service Corps of Retired Executives (SCOPE) or the Active Corps of Executives
(ACE);
10) Income
received under the provisions of Section 1 of the Illinois Senior Citizens and
Disabled Persons Property Tax Relief Act [320 ILCS
25/1]. This includes both the benefits commonly known
as the "circuit breaker" and "additional grants";
11) Experimental Housing Allowance Program
payments made under Annual Contributions Contracts entered into prior to
January 1, 1975 under Section 23 of the U.S. Housing Act of 1937, as amended
(42 USC
1437(f));
12) Any payments distributed per capita or
held in trust for members of Indian tribes under Sections 5 of P.L. 94-114 that
became effective October 17, 1975;
13) SSI lump sum payments received by MANG
participants who reside in the community (not residing in a long term care
facility, DMHDD facility or other medical facility);
14) Any adoption subsidy received from
DCFS;
15) Any foster care payment
received from DCFS except independent living arrangement payments;
16) Title IV-E adoption assistance or foster
care payment received from a state welfare agency of another state are exempt
for MANG;
17) Any payment received
from the Self Sufficiency Trust Fund established in accordance with Section
21.1 of the Department of Mental Health and Developmental Disabilities Act
[20 ILCS
1705/21.1];
18) Any payment received under Title I of
P.L. 100-383, the Civil Liberties Act of 1988, which provides that restitution
shall be made to United States citizens and permanent resident aliens of
Japanese ancestry who were interned during World War II;
19) Any payment received under Title II of
P.L. 100-383, the Aleutian and Pribilof Islands Restitution Act, which provides
that restitution shall be made to any Aleut living on the date of enactment of
P.L. 100-383 (August 10, 1988) who, as a civilian, was relocated by authority
of the United States from his or her home village on the Pribilof Islands or
the Aleutian Islands west of Unimak Island to an internment camp, or other
temporary facility or location during World War II; or who was born while his
or her natural mother was subject to such relocation;
20) 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;
21) Payments received under the Radiation
Exposure Compensation Act (42 USC
2210);
22) Money received from the Social Security
Administration under a Plan to Achieve Self-Support (PASS) (see
42
USC 1382a);
23) Earnings, allowances, and payments
received under Title I of the National and Community Service Act of 1990
(42 USC
12501);
24) Disaster relief payments provided by
federal, state or local government or a disaster assistance
organization;
25) The amount of
earned income tax credit which the client receives as advance payment or as a
refund of federal income tax;
26)
German reparation payments made under the Federal Republic of Germany's Law for
Compensation of National Socialist Persecution (Germany Restitution Act) to
survivors of the Holocaust (see 20 CFR 416.1124b) (2009);
27) Payments of up to $2000 per year derived
from individual interests in Indian trust or restricted lands under
P.L.
103-66;
28) Payments made under the federal Crime Act
of 1984 (as amended by
P.L.
104-132,
Section
234, Crime Victims Fund);
29) The $25 per week increase in Unemployment
Compensation Benefits authorized under the American Recovery and Reinvestment
Act of 2009 (Div. B, Title II ,
Sec.
2002 of
P.L.
111-5);
30) The Economic Recovery Payment to
recipients of Social Security, Supplemental Security Income (SSI), Railroad
Retirement Benefits, and Veterans Disability Compensation or Pension Benefits
authorized under the American Recovery and Reinvestment Act of 2009 (Div. B,
Title II , Sec.
2001 of
P.L.
111-5);
31) Payments to eligible persons who served
in the United States Armed Forces in the Far East during World War II
authorized under the American Recovery and Reinvestment Act of 2009 (Div. A,
Title X , Sec.
1002 of
P.L.
111-5); and
32) Achieving a Better Life Experience (ABLE)
account balance and earnings.
b) In addition to the unearned income listed in subsection (a), the following unearned income from non-governmental sources shall be exempt from consideration in determining eligibility for assistance and amount of the assistance payment:
1) The
value of home produce which is used for personal consumption; and
2) Social Security death benefit expended on
a funeral and/or burial.
3) 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.
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