Illinois Administrative Code

Section 103.50 Date of Entering Service The date of entering service is considered to be the time of entering active duty for the purpose of this Act.

Section 103.60 Out-of-State Students An out-of-state student at an Illinois college or university is not a resident of Illinois regardless of where he registered for the draft.

Section 103.70 Payment of a Bonus by Another State Payment of a bonus to the applicant by another state is prima facie evidence that he is not a resident of Illinois.

Section 103.80 Residence at the Time of Entering Service Illinois residency, for purpose of this Act shall mean an Illinois resident at the time of entering the service period within which the service-connected disability was incurred.

Section 103.90 Questionable Cases of Residency Any questionable cases of residency requiring further determination shall be considered by the Appeals Board of the Illinois Department of Veterans' Affairs.

Section 104.10 Definitions The following are definitions of terms used in this Part: Act − The Viet Nam Veterans Compensation Act [330 ILCS 30]. Active Service – Military service performed under 32 USC or 10 USC, excluding time lost for Absent Without Leave or Absent on Leave. Br…

Section 104.20 Responsibilities of the Department The Department of Veterans' Affairs has the responsibility: a) to adopt general rules for making payments under this Part; b) to ascertain the amount to which eligible persons are entitled; c) to ascertain and select the proper be…

Section 104.30 Compensation Payments to Veterans or Servicepersons a) Veteran or Serviceperson Eligible to Apply for Compensation Under the Act 1) Eligible Applicants A) The applicant must still be in active service, be honorably separated or discharged from the service, be furlo…

Section 104.40 Compensation Payments to Survivors a) Survivor Compensation Payment of $1,000 will be made to the widow or widower, child or children, mother and/or father, person standing in loco parentis, or brothers and/or sisters, in the order named, of any deceased person wit…

Section 104.50 Assignment of Right to Compensation a) No right or claim to compensation under the Act shall be assigned and no payment shall be made to any person other than the approved applicant, except as provided in this Section. b) In the event compensation is payable to a p…

Section 104.60 Disallowed Claims All claims disallowed by the Department shall not be reviewed except upon application to the Department's Appeal Board. Any claimant whose claim has been denied may request a review by the Board and may submit additional evidence within 12 months …

Section 105.10 General Purpose The intent and purpose of this Act is to make payment of a bonus to every person on active duty with the Armed Forces of the United States or Employed by the United States Government on or after January 1, 1961, who was taken and held prisoner by ho…

Section 105.100 Certificate of Continuous Service The certificate must state: a) The name of the applicant. b) The applicant has served under honorable conditions for all periods of continuous active duty from date of entry into active duty to the present. c) He was held prisoner…

Section 105.110 Illinois Residency The serviceman or government employee must have been a resident of the State of Illinois at least 12 months immediately preceding such entry into service.

Section 105.120 Beneficiary Payments The widow or widower, child or children, mother, father, person standing in loco parentis, brothers and sisters, in the order named, of any deceased person shall be paid the compensation to which the deceased person would be entitled under Sec…

Section 105.130 Failure of Preceding Beneficiary to File Claim for Compensation Where a preceding beneficiary fails to file a claim for compensation after the official notice of death the Department of Veterans' Affairs may proceed to process applications from succeeding benefici…

Section 105.140 Proof of Death The beneficiary making application for payment of compensation shall furnish the following proof: a) Husband or Wife making application must prove: 1) Death of person rendering service (Photostatic or certified copy of official notification of death…

Section 105.150 Assignment of Right to Compensation No right or claim to compensation under this Act shall be assigned and no payment shall be made to any person other than the approved applicant.

Section 105.160 Mentally Incompetent In the event the person to whom compensation is payable under this Act is mentally incompetent, it shall be paid to the person legally vested with the care of such incompetent under the laws of his State of residence. If no such person has bee…

Section 105.170 Definition of Incompetent A mentally incompetent person is a person found to be incompetent by a court of competent jurisdiction of any State or the District of Columbia or by any adjudication officer of the Veterans Administration of the United States.

Section 105.180 Payments Applications having been found to meet the requirements of eligibility payment will be made in the amounts indicated in Section 2 of the Act. No payment will be made to persons who have received from another state a bonus or compensation of a like nature …

Section 105.190 Disallowed Claims All claims disallowed by the Department of Veterans' Affairs shall not hereafter be reviewed except upon application to the Appeal Board of the Department of Veterans' Affairs.

Section 105.20 Responsibilities of the Department of Veterans' Affairs The Department of Veterans' Affairs therefore has these responsibilities: a) To adopt general rules for making such payment. b) To ascertain amount persons are entitled. c) To ascertain and select the proper b…

Section 105.200 Review Request for Disallowed Claims Any claimant whose claim has been denied may request a review by such panel and submit additional evidence if he so desires within 12 months from date of disallowed claim.

Section 105.30 Application for Payment Application for payment of the Viet Nam Prisoner of War Compensation must be made to the Department and no payment shall be made under this Act except on applications received by the Department of Veterans' Affairs before that date.

Section 105.40 Support of Application Each application must be supported by a certified true copy or notarized photostatic copy of the DD Form 214 or such other document showing period of time held prisoner by hostile forces in Southeast Asia, or Armed Forces Certificate if still…

Section 105.50 Proof of Being Held Prisoner Every person on active duty with the Armed Forces of the United States or employed with the United States Government on or after January 1, 1961, and showing proof of being taken and held prisoner by hostile forces in Southeast Asia, is…

Section 105.60 Other Proof of Eligibility Applicant must also show proof of the following: a) Residency within the State of Illinois for at least 12 months immediately preceding entry into the Armed Forces or employment by the United States Government. b) Applicant is still on ac…

Section 105.70 Bonus Paid in Addition to Other Compensation This bonus is to be paid in addition to any other compensation to which the recipient is entitled.

Section 105.80 Honorable Separation The DD 214 or Discharge must state "Honorable" or "Under Honorable Conditions".

Section 105.90 Continuation of Service If applicant has continued in service and has not received a discharge or has not received a document of separation from active duty served at any time on or after January 1, 1961, a certification signed by the Adjutant or Personnel Officer …

Section 106.10 Duties Subject to administrative approval, each Administrator of an Illinois Veterans Home shall be responsible for the operation of that Home in accordance with State and Federal laws and regulations. Each Administrator shall provide available program services par…

Section 106.20 State and Federal Regulations The Homes shall comply with the following: a) State 1) Illinois Nursing Home Care Act [210 ILCS 45] 2) Illinois Veterans Home Code (77 Ill. Adm. Code 340) 3) Admission to and Discharge from Illinois Veterans Homes (95 Ill. Adm. Code 10…

Section 107.10 Admission of Veterans a) The Administrator may admit to an Illinois Veterans Home any honorably discharged ex-service man or woman, provided the applicant: 1) Has served in the armed forces of the United States at least 1 day between the dates recognized by the Uni…

Section 107.20 Admission of a Spouse of a Veteran a) The Administrator of the Illinois Veterans' Homes at Quincy and Anna may admit the spouse of a veteran who is making application, provided the veteran meets the eligibility requirements and the spouse: 1) Has been married to th…

Section 107.30 Admission of Widow or Widower of a Veteran a) The Administrator of the Illinois Veterans' Homes at Quincy and Anna may admit the widow or widower of a veteran provided the veteran's military service meets the eligibility requirements, vacant beds exist, and the wid…

Section 107.40 Admission of an Applicant Discharged or Paroled from a Penal Institution The Administrator may admit an applicant who has been discharged or paroled from a penal institution provided he meets the eligibility requirements set forth above. (Source: Amended at 25 Ill.…

Section 107.50 Discharge from Homes a) Discharge from a Home shall be made when a resident: 1) Is rehabilitated to the point where he (she) is no longer disabled. 2) Develops a chronic medical condition that is so severe that it cannot be treated appropriately at a Home or distin…

Section 108.10 Resident Liability for Payment of Maintenance Charges By law, each resident of an Illinois Veterans' Home shall be liable for the payment of maintenance charges for care at a rate to be determined by the Department based on the resident's ability to pay, but not to…

Section 108.100 Liability of Conservator If a resident is under a conservatorship, the conservator shall be liable for payment of the maintenance charge as determined for that resident. If a resident is under an institutional award from the United States Department of Veterans Af…

Section 108.110 Transmittal of Funds Funds received as payment for maintenance charges shall be transmitted to the State Administrative Offices of the Illinois Department of Veterans' Affairs for deposit with the State Treasurer of the State of Illinois in each Veterans Home Fund…

Section 108.120 Failure to Pay Maintenance Charges a) When a resident is discharged for failure to pay the established maintenance charge, he (she) shall not be eligible for readmission to a Home until an exclusion period of three months has elapsed. b) A person who has been disc…

Section 108.130 Assessment of Maintenance Charges a) Maintenance charges for each resident of an Illinois Veterans Home shall be assessed at the rate of 90% of all income, but not exceeding the average annual per capita cost of maintenance as computed annually. b) Veteran and spo…

Section 108.140 Deposit Requirements a) Whenever it is deemed necessary to health, order, safety, or general welfare of a resident, the Administrator may require the resident to deposit in a resident's trust fund at a Home such monies from any source of income as may be determine…

Section 108.150 Allowable Unusual Expenses a) Allowable unusual expenses for which a maintenance charge reduction may be approved by the Administrator shall only be in these categories: 1) Prosthetic, orthopedic, or paraplegic appliances. 2) Sensory aids. 3) Non-standard wheelcha…

Section 108.160 Claims Against the Residents' Estates Maintenance charges unpaid upon the death of a resident or former resident shall constitute a claim against that resident's estate. The Department shall file a claim for unpaid maintenance charges against the estate in accorda…

Section 108.170 Maintenance Charges for Member With Dependent Each resident of a Home who receives a pension or compensation and who has dependents requiring his (her) support shall contribute a monthly dependency allowance based upon a court order. (Source: Amended at 25 Ill. Re…

Section 108.20 Allowances for Unusual Expenses An Administrator, upon being furnished proof of payment or proof of indebtedness, may make allowances for unusual expenses in determining the ability of the resident to pay maintenance charges. Admission of residents shall not be lim…

Section 108.30 Investigation of Financial Condition of Residents The Department is authorized to investigate the financial condition of residents of a Home to determine their ability to pay maintenance charges and to establish standards as a basis of judgment for such determinati…

Section 108.40 Filing of Financial Statements a) Annually, between January 1 and February 8 of each year, each resident or applicant shall file a sworn financial statement, on the appropriate form, on which shall be reported income from any and all sources as well as assets. The …