2005 Illinois 305 ILCS 5/ Illinois Public Aid Code. Article I - Public Purpose - Short Title - Prior Statute - Construction
(305 ILCS 5/Art. I heading)
ARTICLE I.
PUBLIC PURPOSE ‑ SHORT
TITLE ‑ PRIOR STATUTE ‑ CONSTRUCTION
(305 ILCS 5/1‑1) (from Ch. 23, par. 1‑1)
Sec. 1‑1.
Public
purpose‑Aims in providing financial aid and services. The purpose of this Code
is to assist in the alleviation and prevention
of poverty and thereby to protect and promote the health and welfare of all
the people of this State.
To accomplish this purpose, this Code authorizes financial aid and
social welfare services for persons in need thereof by reason of
unemployment, illness, or other cause depriving them of the means of a
livelihood compatible with health and well‑being, and provides for the
development, use and coordination of all resources in this State,
governmental and private.
The Illinois Department
shall establish such standards of
financial aid and services as will encourage and assist applicants and
recipients to maintain a livelihood compatible with health and well being
and to develop their self‑reliance and realize their capacities for
self‑care, self‑support, and responsible citizenship.
The maintenance and strengthening of the family unit shall be a
principal consideration in the administration of this Code. All public aid
policies shall be formulated and administered to achieve this end.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(305 ILCS 5/1‑2) (from Ch. 23, par. 1‑2)
Sec. 1‑2.
Short title.
This Act may be cited as the
Illinois Public Aid Code.
(Source: P.A. 86‑1475.)
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(305 ILCS 5/1‑3) (from Ch. 23, par. 1‑3)
Sec. 1‑3.
(Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92‑111, eff. 1‑1‑02.)
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(305 ILCS 5/1‑4) (from Ch. 23, par. 1‑4)
Sec. 1‑4.
Reference
to article.
Whenever reference is made in this Code to an Article or Articles, the
reference applies to an Article or Articles of this Code, unless the
context otherwise requires.
(Source: Laws 1967, p. 122.)
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(305 ILCS 5/1‑5) (from Ch. 23, par. 1‑5)
Sec. 1‑5.
Construction.
The provisions of this Code shall be liberally construed to effect its
objects and purposes.
(Source: Laws 1967, p. 122.)
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(305 ILCS 5/1‑6) (from Ch. 23, par. 1‑6)
Sec. 1‑6.
Notwithstanding any provisions of this Code to the contrary, a
person,
if eligible, shall be required to file for unemployment compensation
benefits as a condition for qualifying for public assistance benefits under
programs of aid to the aged, blind, or disabled, aid to families with
dependent children, and aid to families with dependent children‑‑
unemployed, which are administered by the Illinois Department, or general
assistance programs administered by some other public
agency.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(305 ILCS 5/1‑7) (from Ch. 23, par. 1‑7)
Sec. 1‑7.
(a) For purposes of determining eligibility for assistance
under this Code, the Illinois Department, County Departments, and local
governmental units shall exclude from consideration restitution payments,
including all income and resources derived therefrom, made to persons of
Japanese or Aleutian ancestry pursuant to the federal Civil Liberties Act
of 1988 and the Aleutian and Pribilof Island Restitution Act, P.L. 100‑383.
(b) For purposes of any program or form of assistance where a person's
income or assets are considered in determining eligibility or level of
assistance, whether under this Code or another authority, neither the State
of Illinois nor any entity or person administering a program wholly or
partially financed by the State of Illinois or any of its political
subdivisions shall include restitution payments, including all income and
resources derived therefrom, made pursuant to the federal Civil Liberties
Act of 1988 and the Aleutian and Pribilof Island Restitution Act, P.L.
100‑383, in the calculation of income or assets for determining eligibility
or level of assistance.
(c) For purposes of determining eligibility for or the amount of assistance
under this Code, except for the determination of eligibility for payments or
programs under the TANF employment, education, and training programs and the
Food Stamp
Employment and Training Program, the Illinois Department, County Departments,
and local governmental units shall exclude from consideration any financial
assistance received under any student aid program administered by an agency of
this State or the federal government, by a person who is enrolled as a
full‑time or part‑time student of any public or private university, college, or
community college in this State.
(Source: P.A. 92‑111, eff. 1‑1‑02.)
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(305 ILCS 5/1‑8)
Sec. 1‑8.
Fugitives ineligible.
(a) The following persons are not eligible for aid under this Code, or
federal food stamps or federal food stamp benefits:
(1) A person who has fled from the jurisdiction of |
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any court of record of this or any other state or of the United States to avoid prosecution for a felony or to avoid giving testimony in any criminal proceeding involving the alleged commission of a felony.
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(2) A person who has fled to avoid imprisonment in a
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correctional facility of this or any other state or the United States for having committed a felony.
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(3) A person who has escaped from a correctional
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facility of this or any other state or the United States if the person was incarcerated for having committed a felony.
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(4) A person who is violating a condition of
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probation or parole imposed under federal or State law.
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In this Section, "felony" means a violation of a penal statute of this or any
other state or the United States for which a sentence to death or to a term of
imprisonment in a penitentiary for one year or more is provided.
To implement this Section, the Illinois Department may exchange necessary
information with an appropriate law enforcement agency of this or any other
state, a political subdivision of this or any other state, or the United
States.
(b) (Blank).
(Source: P.A. 92‑111, eff. 1‑1‑02.)
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(305 ILCS 5/1‑9)
Sec. 1‑9.
Misrepresentation of residence.
A person who has been convicted
in federal or State court of having made a fraudulent statement or
representation with respect to residence in order to receive assistance
simultaneously from 2 or more states shall be ineligible for cash assistance
under this Code for 10 years beginning on the date of conviction.
(Source: P.A. 90‑17, eff. 7‑1‑97.)
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(305 ILCS 5/1‑10)
Sec. 1‑10. Drug convictions.
(a) Persons convicted of an offense under the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act which is a Class X felony, or a Class 1 felony,
or comparable federal criminal law which has as an element the
possession, use, or distribution of a controlled substance, as defined in
Section 102(6) of the federal Controlled Substances Act (21 U.S.C. 802(c)),
shall not be eligible for cash assistance provided under this Code.
(b) Persons convicted of
any other felony under the Illinois Controlled Substances Act, the Cannabis
Control Act, or the Methamphetamine Control and Community Protection Act which is not a Class X or Class 1 felony, or comparable
federal criminal law which has as an element the possession, use, or
distribution of a
controlled substance, as defined in Section 102(6) of the federal Controlled
Substances Act (21 U.S.C. 802(c)), shall not be eligible for cash assistance
provided under this Code for 2 years from the date of conviction. This
prohibition shall not apply if the person is in a drug treatment program,
aftercare program, or similar program as defined by rule.
(c) Persons shall not be determined ineligible for food stamps provided
under this Code based upon a conviction of any felony or comparable federal or
State criminal law which has an element the possession, use or distribution of
a controlled substance, as defined in Section 102(6) of the federal Controlled
Substance
Act (21 U.S.C. 802(c)).
(Source: P.A. 94‑556, eff. 9‑11‑05.)
(305 ILCS 5/1‑11)
Sec. 1‑11.
Citizenship.
To the extent not otherwise provided in this Code
or federal law, all clients who receive cash or medical assistance under
Article III, IV, V, or VI of this
Code must meet the citizenship requirements as established in this Section.
To be eligible for assistance an individual, who is otherwise eligible, must be
either a United
States citizen or included in one of the following categories of
non‑citizens:
(1) United States veterans honorably discharged and |
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persons on active military duty, and the spouse and unmarried dependent children of these persons;
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(2) Refugees under Section 207 of the Immigration
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(3) Asylees under Section 208 of the Immigration and
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(4) Persons for whom deportation has been withheld
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under Section 243(h) of the Immigration and Nationality Act;
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(5) Persons granted conditional entry under Section
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203(a)(7) of the Immigration and Nationality Act as in effect prior to April 1, 1980;
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(6) Persons lawfully admitted for permanent
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residence under the Immigration and Nationality Act;
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(7) Parolees, for at least one year, under Section
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212(d)(5) of the Immigration and Nationality Act;
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(8) Nationals of Cuba or Haiti admitted on or after
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(9) Amerasians from Vietnam, and their close family
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members, admitted through the Orderly Departure Program beginning on March 20, 1988;
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(10) Persons identified by the federal Office of
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Refugee Resettlement (ORR) as victims of trafficking;
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(11) Persons legally residing in the United States
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who were members of a Hmong or Highland Laotian tribe when the tribe helped United States personnel by taking part in a military or rescue operation during the Vietnam era (between August 5, 1965 and May 7, 1975); this also includes the person's spouse, a widow or widower who has not remarried, and unmarried dependent children;
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(12) American Indians born in Canada under Section
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289 of the Immigration and Nationality Act and members of an Indian tribe as defined in Section 4e of the Indian Self‑Determination and Education Assistance Act; and
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(13) Persons who are a spouse, widow, or child of a
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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 plan to live separately within one month of receipt of assistance and whose need for assistance is due, at least in part, to the abuse.
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Those persons who are in the categories set forth in subdivisions 6 and 7
of this Section, who enter the United States on or
after August 22,
1996, shall not be eligible for 5 years beginning on the date the person
entered the United States.
The Illinois Department may, by rule, cover prenatal care or emergency
medical care for non‑citizens who are not otherwise eligible under this
Section.
Local governmental units which do not receive State funds may impose their
own
citizenship requirements and are authorized to provide any benefits and impose
any citizenship requirements as are allowed under the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (P.L. 104‑193).
(Source: P.A. 93‑342, eff. 7‑24‑03.)
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