Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 160 - CHILD SUPPORT SERVICES
Subpart E - EARMARKING CHILD SUPPORT PAYMENTS
Section 160.90 - Earmarking Child Support Payments

1) the restriction of the use of all or a portion of the child support payments for:

2) the caretaker relative's (see 89 Ill. Adm. Code 101.20) election to exclude children who are not siblings of other children receiving TANF from the TANF assistance unit and restrict the use of a portion of the child support payments for the use of those children. "Siblings" means children born to or adopted by the same parents or having one parent in common (i.e., brother/sister, half-brother/half-sister, but not including step-brothers or step-sisters).

1) An optional earmarking assistance unit consists of a TANF assistance unit:

2) Department staff must advise TANF caretaker relatives of the Department's optional earmarking policy:

3) Whenever a caretaker relative contacts a caseworker about optional earmarking, the caseworker will schedule an appointment for the caretaker relative within seven business days of the contact. At the appointment, the caseworker will:

4) If a caretaker relative elects to earmark child support for one or more children in the household, the earmarked child(ren) will be deleted from the grant in the second fiscal month after the date the caretaker relative submits the written request. (Note: "Fiscal month" refers to a month that starts with a given day in one calendar month and ends the day before the same given day in the next calendar month, e.g., July 8 through August 7. In this case, the "given day" is the day the caretaker relative submits the written request to the Department.) The caretaker relative is entitled to the earmarked support received by the Department beginning the first day of the calendar month the deletion is effective. The earmarked child support will be forwarded to the caretaker relative within 21 days after the Department's receipt of the earmarked support. The excluded child's share of the support payment will not be considered available to the remaining assistance unit members when determining initial or continued eligibility for TANF or benefit level.

5) If the caretaker relative requests to add an earmarked child back to the TANF grant, the Department shall render a decision on the eligibility of the child being added within 45 days after the date of the written request. However, if the child is determined eligible for TANF, benefits will be authorized from the date the written request was received by the Department or the date of initial eligibility after the date of the written request.

6) A caretaker relative shall not exercise an earmarking option more than once in a 12 month period for any child or set of children (i.e., until 12 months have passed from the effective month of deletion).

1) An allocation assistance unit consists of a TANF assistance unit:

2) Where the child support order also applies to other children in the household who are receiving TANF benefits, and the order explicitly allocates the child support payment between or among the children, the Department will forward to the ineligible child's current adult caretaker, or to the child if emancipated, that portion of the child support payment allocated to the child who is not in the grant, and will not consider the support paid to the ineligible child available to the remaining assistance unit members when determining initial or continued eligibility for TANF or benefit level.

3) Where the child support order applies to other children in the household who are receiving TANF benefits, and the order does not allocate the amounts to be paid to each child, the Department will allocate the child support order between or among the children on a pro-rata basis (if the case is being referred for judicial action, will instruct IV-D attorneys to seek such pro-rata allocation from the court) and forward the ineligible child's support payment to the child's current adult caretaker, or to the child if emancipated.

4) The Department will pro-rate the child support order unless or until an allocated order is entered. The caretaker relative is entitled to the earmarked support beginning the calendar month the child is removed from the grant, if currently receiving TANF, or, if the child is not currently receiving TANF, for the calendar month following the month the request for earmarking is made. The earmarked child support will be forwarded to the caretaker relative within 21 days of the Department's receipt of the earmarked support.

5) When the ineligible child is not living with the TANF assistance unit, the caretaker relative must provide the Department with the child's current address, and must authorize payment to the custodial adult with whom the child is living, or to the child if living independently.

1) Earmarking child support payments for an SSI child is mandatory when there is a TANF assistance unit:

2) If the child support order only applies to the SSI child, the Department will not consider the support paid for the SSI child available to the remaining assistance unit members when determining initial or continued eligibility for TANF or benefit level.

3) Department staff will review TANF cases at the following times to identify SSI children to determine if the case is eligible for earmarking:

4) Informing Caretaker Relatives

5) The caretaker relative is not required to make a request or submit any authorization to earmark support for an SSI child.