Ill. Admin. Code tit. 89, § 120.560 - Survivor Support and Trafficking Prevention
a) Definitions
For the purpose of this Section:
1) "Foreign-born victim of trafficking,
torture or other serious crimes" means a person who is:
A) a noncitizen victim of a severe form of
trafficking in persons who have been subjected to an act or practice described
in 22 USC 7102 or
Section 10-9 of the Illinois Criminal Code of 2012 [ 720 ILCS 5 ];
B) a noncitizen victim of an act or practice
described in
8 USC
1101(a)(15)(U)(iii);
or
C) a noncitizen who has a
well-founded fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion as set forth in
8 USC
1101(a)(42)(A).
2) "Derivative Family Member"
means a person who is the spouse, child, parent or sibling under age 18 of the
principal victim who is eligible under this Section. The spousal relationship
must exist prior to the date that the principal victim entered the United
States. Derivative family members are limited to those who are included or will
be included in the application made by the principal victim for T status made
pursuant to
8 USC
1101(a)(15)(T), U status
made pursuant to
8 USC
1101(a)(15)(U), or asylum
status made pursuant to
8 USC
1158.
b) To be eligible for medical assistance
services described in Section
140.3(b)
or (c) as a foreign-born victim of
trafficking, torture, or other serious crimes, an individual must be a person,
or a derivative family member of a person, who:
1) has filed or is preparing to file an
application for T nonimmigrant status with the appropriate federal agency
pursuant to
8 USC
1101(a)(15)(T), or is
otherwise taking steps to meet the conditions for federal benefits eligibility
under
22 USC
7105;
2) has filed or is preparing to file an
application with the appropriate federal agency for U nonimmigrant status
pursuant to
8 USC
1101(a)(15)(U); or
3) has filed or is preparing to file an
application with the appropriate federal agency for Asylum status under
8 USC
1158.
c) Evidence of Status
1) When an individual is attempting to
establish eligibility under this Section by preparing to file one of the
applications provided in subsection (b)(1), (b)(2) or (b)(3), the individual,
or the representative of the individual if the individual is not competent, is
also required to provide: a sworn written statement that he or she is a
foreign-born victim of trafficking, torture or other serious crimes, including
but not limited to rape, incest, abusive sexual contact, prostitution, sexual
exploitation, female genital mutilation, being held hostage, involuntary
servitude, debt servitude, slave trade, kidnapping, abduction, unlawful
criminal restraint, false imprisonment, extortion or felonious assault, or is a
witness to one of these crimes or manslaughter or murder and is cooperating
with law enforcement authorities investigating or prosecuting these
crimes.
2) Additionally, the
individual or representative shall provide at least one item of additional
credible evidence, including but not limited to any of the following:
A) police, government agency, or court
records, or files;
B) news
articles;
C) documentation from a
social services, trafficking, domestic violence program or rape crisis center,
or a legal, clinical medical professional, or other professional from whom the
applicant or recipient has sought assistance in dealing with the
crime;
D) a written statement from
any other individual with knowledge of the circumstances that provided the
basis for the claim;
E) physical
evidence;
F) a copy of a completed
visa application; or
G) a written
notice from the federal agency of receipt of the visa application.
3) The individual attempting to
establish eligibility under this subsection (c) may qualify for medical
assistance under this Section in situations in which the individual is unable
to provide additional evidence as set forth in subsection (c)(2), and the
Department has determined that the individual is credible.
d) Additionally, an individual must meet all
of the following eligibility requirements:
1)
Cooperate in establishing eligibility as described in Section
120.308.
2) Be a resident of Illinois.
3) Assign rights to medical support and
collection of payment as described in Section
120.319.
4) Have countable monthly income at or below
100 percent of the Federal Poverty Level as described in Section
120.20.
e) An individual shall not be
determined eligible under this Section if the individual is otherwise eligible
for medical assistance under Articles 5 and 12 of the Public Aid Code, or
otherwise eligible for benefits under the Children's Health Insurance Program
Act [ 215 ILCS 106 ] or the Covering ALL KIDS Health Insurance Act [ 215 ILCS
170 ].
f) Individuals eligible
under this Section are exempt from the requirements described in Section
120.310
pertaining to citizenship and eligible noncitizens.
g) Individuals shall not be denied
eligibility under this Section for failure to provide a Social Security Number
or proof of having applied for a Social Security Number as otherwise required
in Section
120.327.
h) The earned and unearned income of the
following persons shall be counted when determining eligibility, except as
specified in subsections (i) and (j).
1)
Income of the individual.
2) Income
of the spouse.
3) Unearned income
of a dependent child under the age of 18 years who is included in the income
standard (see Section 120.20) because it is to the advantage of the
individual.
i) Monthly
earned and unearned income shall be considered as described in Sections
120.330
through
120.345,
Sections
120.350
through
120.361,
and Sections
120.371
through
120.376
as specified for AABD MANG.
j) The
Department shall exempt earned income as provided in Section
120.362(a).
In addition, work related expenses that are allowed, as deductions for AABD
MANG, as described in Section
120.370,
shall be deducted.
k) Application
Process
1) The application must meet all
requirements found at 89 Ill. Adm. Code
110.10.
2) The application date shall be the date a
signed application is received at the address specified by the Department and
can be no sooner than January 1, 2018.
l) Eligibility will be effective no earlier
than the third month before the month of application if the applicant would
have met the criteria of this Section had he or she applied. In no case shall
eligibility be effective prior to January 1, 2018.
m) Eligibility under this Section will be
redetermined every 12 months, or when a change is reported.
n) Eligibility under this Section shall
continue so long as an individual continues to satisfy the eligibility criteria
of subsections (b) through (i).
o)
An individual shall no longer be eligible under this Section if:
1) there is a final denial of the principal
victim's visa or asylum application under
8 USC
1101(a)(15)(T),
1101(a)(15)(U),
or 1158; or
2) the principal victim has not filed a
formal application for status pursuant to
8 USC
1101(a)(15)(T),
1101(a)(15)(U),
or 1158 within one year after
the date of his or her application for medical benefits provided under this
Section, unless the Department determines during the year of initial
eligibility that the individual:
A)
experienced a health crisis;
B) has
been unable, after reasonable attempts, to obtain necessary information from a
third party; or
C) has other
extenuating circumstances that prevented the person from completing his or her
application for status.
p) If the principal victim no longer meets
the eligibility criteria of this Section, the principal victim and his or her
derivative family members will be evaluated for medical eligibility under other
Sections.
Notes
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