Chapter 305 — PUBLIC AID

(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 S…

(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 fed…

(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…

(305 ILCS 5/1-12) Sec. 1-12. Providing information to the State Board of Elections. The Secretary of the Department of Human Services and the Director of the Department of Healthcare and Family Services shall make information available, except where prohibited by federal law or r…

(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.)

(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 (Repealed).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 Repealed by P.A. 92-111, eff. 1-1-02.)

(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.)

(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.)

(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 a…

(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…

(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 any court of record of this or any other state or of the …

(305 ILCS 5/1-8.5) Sec. 1-8.5. Eligibility for medical assistance during periods of incarceration or detention. (a) To the extent permitted by federal law and notwithstanding any other provision of this Code, the Department of Healthcare and Family Services shall not cancel a per…

(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 inel…

(305 ILCS 5/10-1) (from Ch. 23, par. 10-1) Sec. 10-1. Declaration of public policy; persons eligible for child support enforcement services; fees for non-applicants and non-recipients. It is the intent of this Code that the financial aid and social welfare services herein provide…

(305 ILCS 5/10-10) (from Ch. 23, par. 10-10) Sec. 10-10. Court enforcement; applicability also to persons who are not applicants or recipients. Except where the Illinois Department, by agreement, acts for the local governmental unit, as provided in Section 10-3.1, local governmen…

(305 ILCS 5/10-10.1) (from Ch. 23, par. 10-10.1) Sec. 10-10.1. Public Aid Collection Fee. In all cases instituted by the Illinois Department on behalf of a child or spouse, other than one receiving a grant of financial aid under Article IV, on whose behalf an application has been…

(305 ILCS 5/10-10.2) (from Ch. 23, par. 10-10.2) Sec. 10-10.2. Notice to Clerk of Circuit Court of Payment Received by the Illinois Department for Recording. For those cases in which support is payable to the clerk of the circuit court for transmittal to the Illinois Department b…

(305 ILCS 5/10-10.3) (from Ch. 23, par. 10-10.3) Sec. 10-10.3. For those cases in which child support is payable to the clerk of the circuit court for transmittal to the Illinois Department by order of court, the clerk shall transmit all such payments, within 4 working days of re…

(305 ILCS 5/10-10.4) Sec. 10-10.4. Payment of Support to State Disbursement Unit. (a) As used in this Section: "Order for support", "obligor", "obligee", and "payor" mean those terms as defined in the Income Withholding for Support Act, except that "order for support" shall not m…

(305 ILCS 5/10-10.5) Sec. 10-10.5. Information to State Case Registry. (a) In this Section: "Order for support", "obligor", "obligee", and "business day" are defined as set forth in the Income Withholding for Support Act. "State Case Registry" means the State Case Registry establ…

(305 ILCS 5/10-11) (from Ch. 23, par. 10-11) Sec. 10-11. Administrative Orders. In lieu of actions for court enforcement of support under Section 10-10, the Child and Spouse Support Unit of the Illinois Department, in accordance with the rules of the Illinois Department, may issu…

(305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1) Sec. 10-11.1. (a) Whenever it is determined in a proceeding under Sections 10-6, 10-7, 10-11 or 10-17.1 that the responsible relative is unemployed, and support is sought on behalf of applicants for or recipients of financial aid u…

(305 ILCS 5/10-11.2) Sec. 10-11.2. Administrative support order information for State Case Registry. (a) In this Section, "business day" is defined as set forth in the Income Withholding for Support Act. (b) Each administrative support order entered or modified under Section 10-8…

(305 ILCS 5/10-12) (from Ch. 23, par. 10-12) Sec. 10-12. Petition by responsible relative for release from or modification of administrative support order or administrative determination of paternity. (a) Any responsible relative aggrieved by an administrative order entered under…

(305 ILCS 5/10-12.1) Sec. 10-12.1. Petition by person receiving child support enforcement services for release from or modification of administrative support order or administrative determination of paternity. Any person receiving child support enforcement services under this Art…

(305 ILCS 5/10-13) (from Ch. 23, par. 10-13) Sec. 10-13. Hearing on Petition. The Illinois Department, or any officer or employee thereof designated in writing by the Illinois Department, shall conduct hearings and investigations in connection with petitions filed pursuant to Sec…

(305 ILCS 5/10-13.1) (from Ch. 23, par. 10-13.1) Sec. 10-13.1. Examination of records. The Illinois Department, or any properly designated officer or employee thereof, may examine any books, papers, records or memoranda bearing upon the determination of ability to support and the…

(305 ILCS 5/10-13.10) (from Ch. 23, par. 10-13.10) Sec. 10-13.10. Depositions. The Illinois Department or any duly authorized officer or employee thereof, or any other party in an investigation or hearing before the Illinois Department, may cause the depositions of witnesses with…

(305 ILCS 5/10-13.2) (from Ch. 23, par. 10-13.2) Sec. 10-13.2. Hearings not subject to technical rules of evidence or procedure. In the conduct of any hearing or investigation, neither the Illinois Department nor a person duly authorized to conduct such hearing or investigation, …

(305 ILCS 5/10-13.3) (from Ch. 23, par. 10-13.3) Sec. 10-13.3. Authority to administer oaths. The Illinois Department, or any person duly authorized to conduct such hearing or investigation, shall have power to administer oaths. Every person who, having taken an oath or made affi…

(305 ILCS 5/10-13.4) (from Ch. 23, par. 10-13.4) Sec. 10-13.4. Proof of records.) The books, papers, records and memoranda of the Illinois Department or of the administrative enforcement unit, or parts thereof, may be proved in any hearing, investigation, or legal proceeding by a…

(305 ILCS 5/10-13.5) (from Ch. 23, par. 10-13.5) Sec. 10-13.5. Proof of necessitous circumstances. Proof in any hearing before the Illinois Department that a person is an applicant for or recipient of assistance shall be prima facie proof that he is a "person who is in necessitou…

(305 ILCS 5/10-13.6) (from Ch. 23, par. 10-13.6) Sec. 10-13.6. Subpoenas. (a) The Illinois Department, or any officer or employee thereof designated in writing by the Illinois Department, shall at its or his own instance, or on the written request of any other party to the procee…

(305 ILCS 5/10-13.7) (from Ch. 23, par. 10-13.7) Sec. 10-13.7. Witness fees. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the Circuit Court of this State; such fees to be paid when the witness is excused from further attendance…

(305 ILCS 5/10-13.8) (from Ch. 23, par. 10-13.8) Sec. 10-13.8. Compelling attendance of witness and production of records. The circuit court, of the county wherein the investigation or administrative hearing is held, upon the application of the Illinois Department or any duly aut…

(305 ILCS 5/10-13.9) (from Ch. 23, par. 10-13.9) Sec. 10-13.9. Penalty for non-compliance with subpoena. Any person who is served with a subpoena or subpoena duces tecum, issued by the Illinois Department or any duly authorized officer or employee thereof, to appear and testify o…

(305 ILCS 5/10-14) (from Ch. 23, par. 10-14) Sec. 10-14. Review of Illinois department decision on petition for hearing. Any responsible relative or person receiving child support enforcement services under this Article affected by a final administrative decision of the Illinois …

(305 ILCS 5/10-14.1) Sec. 10-14.1. Relief from administrative orders. Notwithstanding the 30-day appeal period provided in Sections 10-12 and 10-12.1 and the limitation on review of final administrative decisions contained in Section 10-14, a responsible relative or a person rece…

(305 ILCS 5/10-15) (from Ch. 23, par. 10-15) Sec. 10-15. Enforcement of administrative order; costs and fees. If a responsible relative refuses, neglects, or fails to comply with a final administrative support or reimbursement order of the Illinois Department entered by the Child…

(305 ILCS 5/10-15.1) Sec. 10-15.1. Judicial registration of administrative support orders and administrative paternity orders. (a) A final administrative support order or a final administrative paternity order, excluding a voluntary acknowledgement or denial of paternity that is …

(305 ILCS 5/10-16) (from Ch. 23, par. 10-16) Sec. 10-16. Judicial enforcement of court and administrative support orders. Court orders entered in proceedings under Section 10-10 and court orders for enforcement of an administrative order under Section 10-15 and for the payment of…

(305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2) Sec. 10-16.2. Withholding of Income to Secure Payment of Support. Orders for support entered under this Code are subject to the Income Withholding for Support Act. (Source: P.A. 90-18, eff. 7-1-97; 90-425, eff. 8-15-97; 90-655, eff…

(305 ILCS 5/10-16.3) (from Ch. 23, par. 10-16.3) Sec. 10-16.3. Posting Security, Bond or Guarantee to Secure Payment. The court may require the responsible relative to post security, bond or give some other guarantee of a character and amount sufficient to assure payment of any a…

(305 ILCS 5/10-16.4) Sec. 10-16.4. Information concerning obligors. (a) In this Section: "Arrearage", "delinquency", "obligor", and "order for support" have the meanings attributed to those terms in the Income Withholding for Support Act. "Consumer reporting agency" has the meani…

(305 ILCS 5/10-16.5) Sec. 10-16.5. Interest on support obligations. A support obligation, or any portion of a support obligation, which becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was no…

(305 ILCS 5/10-16.6) Sec. 10-16.6. Electronic Funds Transfer Committee. (a) The Director of Public Aid shall establish within the Department an Electronic Funds Transfer Committee. The Director or his or her designee shall be a member of the committee and shall serve as chairpers…

(305 ILCS 5/10-16.7) Sec. 10-16.7. Child support enforcement debit authorization. (a) For purposes of this Section: "Financial institution" and "account" are defined as set forth in Section 10-24. "Payor" is defined as set forth in Section 15 of the Income Withholding for Support…

(305 ILCS 5/10-17) (from Ch. 23, par. 10-17) Sec. 10-17. Other actions and remedies for support. The procedures, actions, and remedies provided in this Article shall in no way be exclusive, but shall be available in addition to other actions and remedies of support, including, bu…

(305 ILCS 5/10-17.05) Sec. 10-17.05. Actions and remedies for support; other laws. Notwithstanding any other State or local law to the contrary, actions and remedies under this Article, the Uniform Interstate Family Support Act, or other State laws shall be cumulative and used in…

(305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1) Sec. 10-17.1. Administrative Order by Registration. The Illinois Department may provide by rule for the administrative registration of a support order entered by a court or administrative body of another state. The purpose of regis…