Ill. Admin. Code tit. 89, § 112.110 - Exempt Unearned Income
The following unearned income shall be exempt from consideration in determining eligibility and the level of assistance payment:
a) The value of the benefit
allotment under the Food and Nutrition Act of 2008 (7 USC
2017(b));
b) The value of the U.S. Department of
Agriculture donated foods (surplus commodities);
c) Any payment received under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42
USC 4636);
d) Any funds distributed per capita to or
held in trust for members of any Indian Tribe under P.L. 92-254, P.L. 93-134,
P.L. 94-114 or P.L. 94-540;
e) Any
benefits received under Title VII, Nutrition Program for the Elderly, of the
Older Americans Act of 1965, as amended (42 USC 3045 et seq.);
f) Any compensation provided to individual
volunteers under the Volunteers in Service to America (VISTA) Program (known as
AmeriCorps VISTA). Payments made under Americorps State/National programs,
funded under the National and Community Service Act of 1993, are not exempt.
Stipends or living allowance payments made under this program are considered
nonexempt earned income. These payments are subject to the general rules
concerning the budgeting of earned income;
g) Income received under the provisions of
Section 4(c) of the Senior Citizens and Disabled Persons Property Tax Relief
and Pharmaceutical Assistance Act [320 ILCS
25/4]. This includes both the benefits commonly known
as the circuit breaker and additional grants;
h) Payments for supporting services or
reimbursement for out-of-pocket expenses made to volunteers serving as senior
health aides, senior companions, foster grandparents, and persons serving in
the Service Corps of Retired Executives (SCORE) and Active Corps of Executives
(ACE) and any other programs under Titles II and III, pursuant to Section 418
of P.L. 93-113;
i) Unearned income
such as need based payments, cash assistance, compensation in lieu of wages and
allowances received through the Workforce Investment Act (WIA);
j) Social Security death benefit expended on
a funeral and/or burial;
k) The
value of supplemental food assistance received under the Child Nutrition Act of
1966, as amended (42 USC
1780(b)) and the special
food service program for children under the Richard B. Russell National School
Lunch Act, as amended (42 USC
1760);
l) Tax exempt portions of payments made
pursuant to the Alaska Native Claims Settlement Act (43 USC
1626);
m) Payments received under Title I of P.L.
100-383 of the Civil Liberties Act of 1988 (50 USC 1989b through
1989b-8);
n) Payments received
under Title II of P.L. 100-383 of the Aleutian and Pribilof Islands Restitution
Act (50 USC 1989c through 1989c-8);
o) Payments made to veterans who receive an
annual disability payment or to the survivors of deceased veterans who receive
a one-time lump-sum payment from the Agent Orange Settlement Fund or any other
fund referencing Agent Orange product liability under
P.L.
101-201 ;
p) Payments received under the federal
Radiation Exposure Compensation Act (42 USC
2210 nt);
q) Federal subsidized housing payments under
section 8 of the Housing and Community Development Act (42 USC
1437f);
r) Any adoption subsidy payment or foster
care payment received from DCFS or from a state welfare agency of another state
are exempt for MAG and MANG. Independent Living Arrangement Payments are not
exempt for MAG and MANG;
s)
Supportive Service payments (Section
112.82);
t) Benefits paid to eligible households under
the Low Income Home Energy Assistance Act of 1981 pursuant to Section 2605(f)
of P.L. 97-35;
u) Disaster relief
payments provided by federal, state or local government or a disaster
assistance organization;
v) Any
payment provided by the Department of Human Services under the Family
Assistance Program for Children with Mental Disabilities [405 ILCS 80 /Art.
III];
w) A nonrecurring lump-sum
SSI or SSA payment made to an individual in a TANF assistance unit. The
nonrecurring SSA lump sum is exempt if it is based on disability. The monthly
amount, up to the monthly SSI level for one, is exempt. For those individuals
not in a TANF assistance unit whose income is used to determine TANF
eligibility for others (for example, the parent of a person under age 18 who is
receiving assistance as a parent), the lump-sum payment is nonexempt income for
the month received;
x) Payments
made to individuals because of their status as victims of Nazi persecution
pursuant to
P.L.
103-286 ;
y) Payments to a member of the Passamquoddy
Indian Tribe, the Penobscot Nation of the Houlton Band of the Maliseet Indians
pursuant to the Maine Indian Claims Settlement Act of 1980;
z) Up to $2000 per year of income received by
individual Indians, which is derived from leases or other uses of
individually-owned trust or restricted lands pursuant to
Section
13736 of
P.L.
103-66 ;
aa) Payments based on disability status are
disregarded in an amount up to the Supplemental Security Income (SSI) payment
level for one person with no income. This disregard applies to disability
benefits from Social Security (including SSI), Railroad Retirement Disability,
Department of Veterans' Affairs (100% disability only) and Black
Lung;
bb) Payments made under the
federal Crime Act of 1984 (as amended by
P.L.
104-132 ,
Section
234 , Crime Victims Fund);
cc) Inconsequential income, which is defined
as gifts, prizes or other unearned income (excluding that which is otherwise
exempted in this Section) of up to $50 per person per quarter;
dd) The value of home produce that is used
for personal consumption;
ee) Child
support payments made to an assistance unit by the Department or non-custodial
parent that represent the first $100 or any lesser amount of support collected
in a month for a family with one child, or $200 or any lesser amount of support
collected in a month for a family with two or more children;
ff) Three dollars of every $4 of excess child
support distributed by the child support agency to a family with earnings
budgeted. This includes the wage supplementation programs of on-the-job
training, Job Corps, AmeriCorps VISTA, and work study;
gg) Payments from the principal or trust of a
trust fund made to or on behalf of a dependent child when the court orders the
money released for a specific purpose other than the income maintenance needs
of the child;
hh) Earmarked child
support payments received by the client for the support of a child not included
in the assistance unit;
ii) Cash
that is exchanged for purposes of satisfying payment of shelter-related
obligations in situations in which the assistance unit shares a dwelling unit
with another family, individual or individuals. The money is not available to
meet the needs of the party who received and disburses the shelter-related
payment;
jj) Employment-related
reimbursements for past or future expenses to the extent that they do not
exceed actual expenses incurred and do not represent a gain or benefit to the
client;
kk) All educational loans,
grants, scholarships, fellowships, veteran's educational benefits, and federal
and State work study programs; and
ll) Achieving a Better Life Experience (ABLE)
accounts - All earnings on ABLE accounts are exempt. The balance of this
account is to be exempt unearned income.
mm) For a period of no more than 60 months,
any financial assistance, including wages, cash transfers, or gifts, that is
provided to a person who is enrolled in a program or research project that is
not funded with general revenue funds that is intended to investigate impacts
of policies or programs designed to reduce poverty, promote social mobility, or
increase financial stability for Illinois residents, if there is an explicit
plan to collect data and evaluate the program or initiative that is developed
prior to participants in the study being enrolled in the program and if a
research team has been identified to oversee the evaluation.
Notes
Amended at 33 Ill. Reg. 16828, effective November 30, 2009
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