Current through Register Vol. 48, No. 38, September 20, 2024
a) Responsible relatives living apart from
the recipient/assistance unit.
1) For
responsible relatives living apart from the recipient/assistance unit, a
responsible relative is liable for all assistance provided to or in behalf of
the recipient, unless the relative establishes a lesser ability to support by
providing the Department with income and asset information from which it can
determine the relative's ability to support. However, the monthly support
obligation assessed a responsible relative determined able to pay shall not
exceed the average monthly amount of assistance provided by the Department to
or in behalf of the recipient.
2)
Except in Title IV-D cases where the guidelines set out in 89 Ill. Adm. Code
160.60(c)
shall apply, the Department shall apply Table A of this Part to the gross
income figure contained on the relative's most recent Federal Income Tax return
to determine the relative's ability to support. The relative must submit a copy
of his or her most recent Federal Income Tax return for this determination or
remain liable for all assistance provided to or in behalf of the recipient. If
the responsible relative has filed a joint tax return with a non-responsible
relative, only such income that is attributable to the responsible relative
will be considered.
b)
Responsible relatives living apart or with the recipient/assistance unit.
1) For responsible relatives living with the
recipient/assistance unit, the Department shall determine a responsible
relative's ability to support dependents according to the standards and asset
limitation indicated below:
A) Aid to the
Aged, Blind or Disabled (AABD)
The Department shall use the AABD financial assistance standard
and the appropriate asset limitations, as set out in 89 Ill. Adm. Code
113.245
through
113.262
and
113.140, to determine the
relative's ability to support.
B) General Assistance (GA) (City of Chicago
Only)
The Department shall use the family or adult payment level, as
set out in 89 Ill. Adm. Code 114.250, to determine the relative's ability to
support.
C) TANF
The Department shall use the family or adult payment level, as
set out in 89 Ill. Adm. Code
112.250,
to determine the relative's ability to support.
2) For responsible relatives living apart
from the recipient/assistance unit, the Department shall apply Table A of this
Part to the gross income figure contained on the relative's most recent Federal
Income Tax return to determine the relative's ability to support. The relative
must submit a copy of his or her most recent Federal Income Tax return for this
determination or remain liable for all assistance provided to or in behalf of
the recipient. If the responsible relative has filed a joint return with a
non-responsible relative, only such income that is attributable to the
responsible relative will be considered.
c) Hospitalized or institutionalized
individual living with a responsible relative.
1) Aid to the Aged, Blind or Disabled (AABD)
The client is considered as living apart from a responsible
relative for any month the client is hospitalized or institutionalized the
first day of the calendar month through the last day of the calendar month. If
an infant is hospitalized from birth through the end of the calendar month, the
client is considered hospitalized for the entire month. If a client is in a
hospital or institution on the first day of the calendar month but dies prior
to the end of the calendar month, the individual is considered living apart
from the responsible relatives.
2) Temporary Assistance for Needy Families
(TANF)
A hospitalized individual is considered as living with the
responsible relative if the individual is under the relative's control and
supervision regardless of the length of hospitalization.