Section 121.1  Application for Assistance

 

a)         An application for Supplemental Nutrition Assistance Program (SNAP) benefits is a written or spoken request containing the client's name, address and signature.  An electronic signature, obtained pursuant to 89 Ill. Adm. Code 10.410, is created when an application is submitted and received on the internet or telephonically.  An electronic signature may be accepted by the phone interview system for redeterminations.

 

b)         An application is required for initial certification and subsequent certification.  For subsequent certifications see Section 121.120.

 

c)         An application for SNAP participation may be made by the head of the household, spouse, another household member or an adult non-household member designated by the household as an authorized representative.  When a SNAP household also files an application for a Public Assistance cash grant under TANF (Temporary Assistance for Needy Families), AABD (Aid to the Aged, Blind or Disabled), or Refugee Program, the grantee for the Public Assistance case shall be the head of the SNAP household.

 

d)         If other household members are not available to make application due to employment, health problems, transportation problems, care of a household member, etc., a responsible adult outside the household may be designated as an authorized representative if the following conditions exist:

 

1)         The head of household, spouse or other responsible family members cannot be interviewed;

 

2)         The authorized representative has been designated in writing by the head of the household or the spouse, and is sufficiently aware of relevant household circumstances.

 

e)         The head of the household shall be held liable for any overissuance which results from erroneous information given on an application by the authorized representative except in instances of participants in drug addiction or alcoholic treatment centers.  The center is responsible for misrepresentation or fraud which it knowingly commits in the certification of center residents.

 

f)         For residents of public or private non-profit drug addiction or alcoholic treatment centers, or residents of small group living arrangements, the facility will assign an authorized representative to apply in behalf of each resident.  This provision is applicable only when the facility has been authorized by the United States Department of Agriculture to accept SNAP benefits in accordance with 7 CFR 278.1 and 278.2(g) (2005, with no later additions or amendments).

 

g)         When the eligible members of a household are all unemancipated minors and the only adult is an ineligible alien, the ineligible alien may make application as head of the household in behalf of the eligible minors in the household.  (Ineligible aliens applying as head of household will be responsible for any misrepresentation or fraud committed in the certification of the household and will sign the application as head of household, not as authorized representative.)

 

h)         Homeless meal providers cannot act as an authorized representative for homeless SNAP applicants or recipients.

 

(Source:  Amended at 38 Ill. Reg. 5382, effective February 7, 2014)

 

Section 121.2  Time Limitations on the Disposition of an Application

 

A decision shall be made within sufficient time to  insure that the household receives an opportunity to participate in the program within 30 days of the date of application.

 

(Source:  Amended at 3 Ill. Reg. 44, p. 173, effective October 19, 1979)

 

Section 121.3  Approval of an Application and Initial Authorization Of Assistance

 

a)         Eligibility for program participation shall not be authorized for any period prior to the month in which application is made.

 

b)         A household's benefits level for the initial month of certification will be based on the day of the month it applies for benefits.  A household shall receive benefits prorated from the day of application to the end of the month.  As used in this paragraph, the term "initial month" means either the first month for which an allotment is issued to a household or the first month for which an allotment is issued to a household following any period of at least one month during which the household was not certified for participation in the Supplemental Nutrition Assistance Program (SNAP).

 

(Source:  Amended at 34 Ill. Reg. 5295, effective April 12, 2010)

 

Section 121.4  Denial of an Application

 

An application shall be denied if:

 

a)         eligibility cannot be conclusively determined because of the applicant's refusal to cooperate in providing essential information or to consent to verification by the local office;

 

b)         the applicant has not provided sufficient information for a determination of eligibility and the local office has offered assistance to obtain the information;

 

c)         the applicant does not meet one or more eligibility requirements; or

 

d)         the applicant withdraws the application.

 

(Source:  Amended at 3 Ill. Reg. 44, p. 173, effective October 19, 1979)

 

Section 121.5  Client Cooperation

 

a)         If a household refuses to cooperate with the Department in completing the application process, the application is to be denied at the time of refusal.

 

b)         A certified household is required to cooperate in reviews of its eligibility, including reviews generated by reported changes in circumstances, recertification or as part of a quality control review.  If the certified household refuses to cooperate, food stamp benefits shall be terminated.

 

c)         Once benefits are terminated for refusal to cooperate, the household may reapply but shall not be determined eligible until it cooperates.

 

d)         Refusal to cooperate means that the household is able to cooperate, but clearly demonstrates that it will not take action that it can take and that is required to complete an eligibility determination.   If the household has merely failed to cooperate, rather than refused to cooperate, the application will not be denied or benefits terminated.

 

Section 121.6  Emergency Assistance

 

In accordance with the Federal Disaster Relief Act of 1970 (42 U.S.C. 5121 et seq.) and the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Department shall distribute emergency food stamp benefits to applicant households within the State which meet the following eligibility requirements:

 

a)         Residence (either permanent or temporary) within the geographic limits of the disaster area; and

 

b)         Need of emergency food stamp assistance because of a reduction in or inaccessibility of income or cash resources as a result of the disaster.

 

*  AGENCY NOTE:  This rule shall apply only in areas which the Food and Nutrition Service of the U.S. Department of Agriculture has previously approved for emergency food assistance.

 

Section 121.7  Expedited Service

 

a)         Households in need of immediate food assistance shall be provided expedited service if the household:

 

1)         has liquid assets (such as, cash on hand, checking or savings accounts) of no more than $100, and has gross monthly income for the fiscal month of application of less than $150; or

 

2)         has liquid assets of no more than $100 and contains a migrant or seasonal farmworker who is destitute.  A migrant or seasonal farmworker household meeting one of the following criteria is considered destitute:

 

A)        Migrant or seasonal farmworker households whose only income for the fiscal month of application was received prior to the date of application and was from a terminated source are considered destitute.

 

i)          Income is considered as coming from a terminated source if it is received monthly or more frequently and will not be received again from the same source during the fiscal month of application or during the month following application, or it is normally received less often than monthly and will not be received in the month the next payment is normally received.

 

ii)         A household member who changes jobs but continues to work for the same employer is considered as still receiving income from the same source.

 

iii)        Migrant households which have received their last wages from a grower, food processor, livestock, nursery or other employer are considered destitute.

 

B)        Income from a New Source

 

i)          Migrant or seasonal farmworker households whose only income, for the fiscal month in which the application is filed, is from a new source are considered destitute if income or more than $25 will not be received from the new source by the 10^th calendar day following the date of application.

 

ii)         Income is considered as coming from a new source if it is normally received on a monthly basis or more frequently and more than $25 has not been received from the source within 30 days prior to the date the application was filed, or it is normally received less often than monthly and income of more than $25 was not received within the last normal interval between regular payments.

 

C)        Households may receive income from a terminated source prior to the date of application and income from a new source after the date of application. Such households may be considered destitute if they receive no other income in the fiscal month of application and income of more than $25 from the new source will not be received by the 10^th calendar day after the date of initial application.

 

D)        The receipt of a wage advance for the travel costs of a new employee does not affect the determination of whether subsequent payments from the employer are from a new source of income or whether a household is to be considered destitute.

 

3)         has combined gross monthly income and liquid resources which are less than the household's monthly rent or mortgage and utility costs.

 

b)         A household may be entitled to expedited service but factors of eligibility (see subsection (e)) may make the household ineligible to receive SNAP benefits or eligible for an amount less than the maximum monthly benefit amount for the household size.

 

c)         If a household is not entitled to expedited service, the Department will continue to process the application using the regular application procedures (found at Section 121.2).  The application will only be denied if the household is ineligible under regular processing standards.

 

d)         Processing Time Standard

 

1)         The first day of the time standard is the calendar day following the day the signed application was filed.  The date of application is the day the signed application is received in the correct local office.

 

2)         The Department shall process applications for eligible households entitled to expedited service within the following processing time standards:

 

A)        If entitlement for expedited service is discovered at the date of application, benefits shall be made available to the household no later than the fifth calendar day following the date of application.

 

B)        If entitlement to expedited service is discovered during normal processing of the application, benefits shall be made available no later than the fifth calendar day following the day entitlement to expedited service was discovered.

 

e)         Households entitled to expedited service shall be interviewed no later than the work day following the date of application.  Households entitled to expedited service are given an interview appointment on the day the signed application is filed. If the applicant fails to appear for the scheduled interview, the time frame for expedited service no longer applies (see Section 121.2 for the time limitations on the disposition of an application). The applicant's application will be processed using the regular processing standards found at Section 121.2.

 

f)         When a migrant household is entitled to expedited service and a two-month certification period is assigned, the Department shall authorize the second month's benefits without requiring verification which must be obtained from another state.  However, the out-of-state verification must be obtained before additional benefits will be authorized in a new certification period.  Migrant households shall be entitled to postpone out-of-state verifications for a second month only once each season.

 

g)         Prior to certification for expedited service, only the applicant's identity (for example, driver's license and voter registration card) must be verified.  Income (for example, pay stubs) and residency (for example, driver's license and voter registration card) shall be verified if verification will not cause benefits to be delayed.

 

h)         SNAP units applying for recertification between the 15^th and the last day of the last month of their current certification period are not entitled to expedited service.

 

(Source:  Amended at 44 Ill. Reg. 19892, effective December 14, 2020)

 

Section 121.8  Express Stamps Application Project (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 18780, effective October 28, 2011)

 

Section 121.10  Interviews

 

a)         All applicant households, including those submitting applications by mail, shall have face-to-face interviews in a local office with a qualified eligibility worker prior to initial certification and all redeterminations.

 

b)         Interview Process

 

1)         The individual interviewed may be the head of the household, spouse, any other adult member of the household who is sufficiently familiar with the household's circumstances to be able to assist in the determination of eligibility, or an authorized representative (see Section 121.1(e)(1) and (2)).  The applicant may bring any person he/she chooses to the interview.  Prior to beginning the interview, the applicant shall indicate which persons are not applying for SNAP benefits because they are unable or unwilling to provide alien status verification.

 

2)         The interviewer shall not simply review the information that appears on the application, but shall explore and resolve with the household unclear and incomplete information.

 

3)         Households shall be advised of their rights and responsibilities during the interview, including the appropriate applications processing standard (see Sections 121.2 and 121.7) and the household's responsibility to report changes.

 

4)         The interview shall be conducted as an official and confidential discussion of household circumstances.  The applicant's right to privacy shall be protected during the interview.  Facilities shall be adequate to preserve the privacy and confidentiality of the interview.

 

c)         Waiver of Office Interviews

 

1)         The office interview shall be waived if requested by any household that is unable to appoint an authorized representative and that has no household members able to come to the local office because they are qualifying members as defined in Section 121.61.

 

2)         The office interview shall also be waived for any household:

 

A)        containing a household member who is employed; or

 

B)        on a case-by-case basis for any household that is unable to appoint an authorized representative and that has no household members able to come to the local office because of transportation difficulties or similar hardships that the Department determines warrants a waiver of the office interview.  These hardship conditions include, but are not limited to:

 

i)          illness;

 

ii)         care of household member;

 

iii)        hardships due to residency in a rural area;

 

iv)        prolonged severe weather;

 

v)         training hours that prevent the household from participating in an in-office interview.

 

3)         The Department will conduct a face-to-face interview if the household requests one.

 

4)         The Department has the option of conducting a telephone interview or a home visit for those households for whom the office interview is waived. Home visits shall be used only if the time of the visit is scheduled in advance with the household.  However, a home visit interview for redetermination of eligibility for financial assistance/recertification does not have to be scheduled with the household in advance.

 

5)         Waiver of the face-to-face interview does not exempt the household from the verification requirements, although special procedures may be used to permit the household to provide verification and thus obtain its benefits in a timely manner, such as substituting a collateral contact in cases where documentary verification would normally be provided.

 

6)         Waiver of the face-to-face interview shall not affect the length of the household's certification period.

 

d)         The Department shall schedule all interviews as promptly as possible to ensure the eligible households receive an opportunity to participate within 30 days after the application is filed.  If a household fails to appear for the scheduled interview, the Department will issue a Notice of Missed Interview that will inform the household that the household missed its scheduled interview and that the household is responsible for requesting another interview.

 

(Source:  Amended at 39 Ill. Reg. 15577, effective December 1, 2015)

 

Section 121.18  Work Requirement

 

a)         An individual is restricted to three months of eligibility for SNAP benefits during a 36-month period unless the individual meets the work requirement, or is exempt from meeting the work requirement, or the State is operating under an applicable federal waiver.  The 36-month period is a fixed time period established by the USDA Food and Nutrition Service for the entire state.

 

b)         An individual meets the work requirement by working an average of 20 hours per week, or by participating in workfare for the required number of hours. 

 

c)         An individual is exempt from meeting the work requirement if the individual is:

 

1)         Pursuant to the age requirement defined in the Fiscal Responsibility Act of 2023 (FRA) (see 7 U.S.C. 2015(6)(o)(3)(A));

 

A)        under age 18 or 51 years of age and older, effective September 1, 2023;

 

B)        under age 18 or 53 years of age and older, effective October 1, 2023;

 

C)        under age 18 or 55 years of age and older, effective October 1, 2024.

 

2)         medically certified as physically or mentally unfit for employment;

 

3)         pregnant;

 

4)         a student enrolled at least half time;

 

5)         a member of a household responsible for a dependent child;

 

6)         responsible for the care of an incapacitated person;

 

7)         participating in a substance use disorder treatment and rehabilitation program;

 

8)         receiving weekly earnings of at least the federal minimum wage times 30 hours;

 

9)         receiving Unemployment Insurance;

 

10)       homeless as defined in Section 3 of the Food and Nutrition Act (FNA) of 2008 (see 7 U.S.C. 2012(l)) and at 7 CFR 271.2, means an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:

 

A)        A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter);

 

B)        A halfway house or similar institution that provides temporary residence for individuals who would otherwise be institutionalized;

 

C)        A temporary accommodation for not more than 90 days in the residence of another individual; or

 

D)        A place not designed for, or ordinarily used, as a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby, or similar places).

 

11)       a veteran who served in the United States Armed Forces, including in a reserve component of the United States Armed Forces and who was discharged or released from there, regardless of the conditions of such discharge or release;

 

12)       under age 25, and who was in a foster care program such as through the Illinois Department of Children and Family Services (DCFS) or a District, Territory, or Indian Tribal Organization on their 18^th birthday, and later left the custody of the state agency or organization; or

 

13)       residing in an area which is exempt from this requirement (see 7 U.S.C. 2015(o)(4)(A)(i) and (ii)).

 

d)         An individual who has been denied eligibility because that individual does not meet the work requirement may qualify for three additional months of eligibility for SNAP in the 36-month period.  To qualify for the three additional months of eligibility for SNAP, during a 30-day period, the individual must:

 

1)         work (paid or unpaid) an average of 20 hours per week (80 hours monthly); or

 

2)         participate in and comply with workfare.

 

(Source:  Amended at 48 Ill. Reg. 12298, effective July 31, 2024)

 

Section 121.19  Ending a Voluntary Quit Disqualification (Repealed)

 

(Source:  Repealed at 24 Ill. Reg. 4180, effective March 2, 2000)

 

Section 121.20  Citizenship

 

To be eligible for assistance, an individual shall be either a U.S. citizen or a non-citizen within specific categories and subject to the following specific restrictions:

 

a)         Citizenship status – Persons born in the U.S. or in its possessions are U.S. citizens.  Citizenship can also be acquired by naturalization through court proceedings or by certain persons born in a foreign country of U.S. citizen parents.

 

b)         Non-citizens – The following categories of non-citizens may receive assistance, if otherwise eligible regardless of their time in the U.S.:

 

1)         Lawful Permanent Resident Credited with 40 Quarters of Work

 

A)        Aliens lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (INA) who have worked 40 qualifying quarters of coverage (as defined under Title II of the Social Security Act). Effective January 1, 1997, in order for a quarter of work to count, the client must not have received any benefits under a federal means-tested program during that quarter.

 

B)        Quarters of a parent count for an alien while the alien is under age 18.

 

C)        Quarters of a spouse count for an alien if the alien is still married to that spouse or the spouse is deceased.

 

2)         Veterans, Active U.S. Military Service Persons and Their Dependents.  A veteran honorably discharged from U.S. military service or a person in active U.S. military duty and the spouse or dependent child or children of such persons meet the citizenship requirement for SNAP if their INS status is:

 

A)        lawful permanent resident;

 

B)        conditional entrant under section 203(a)(7) of INA (8 USC 1153(a)(7));

 

C)        parolee status for at least a year under section 212(d)(5) of INA (8 USC 1182(d)(5));

 

D)        deportation withheld under section 243(h) of INA (8 USC 1253(h)) prior to September 30, 1996 or section 241(b)(3) of INA (8 USC 1231(b)(3)) on or after September 30, 1996; or

 

E)        battered spouse or child, or parent or child of a battered person with a petition pending under section 204(a)(1)(A) or (B) (8 USC 1154(a)(1)(A) or (B)) or section 244(a)(3) (8 USC 1641(c)) of INA. This status does not apply if the non-citizen lives with the abuser.

 

c)         The following non-citizens meet the citizenship requirement for SNAP indefinitely even if their status later changes to lawful permanent resident:

 

1)         refugees admitted under section 207 of INA (8 USC 1157);

 

2)         asylees admitted under section 208 of INA (8 USC 1158);

 

3)         persons for whom deportation has been withheld under section 243(h) of INA (8 USC 1253(h)) prior to September 30, 1996 or section 241(b)(3) of INA (8 USC 1231(b)(3)) on or after September 30, 1996;

 

4)         Cuban or Haitian national admitted on or after 4/21/80;

 

5)         Amerasians from Vietnam and their close family members admitted through the Orderly Departure Program beginning on 3/20/88;

 

6)         Afghan and Iraqi immigrants with special immigrant status under section 101(a)(27) of INA (8 USC 1101); or

 

7)         Victims of trafficking, or the minor child, spouse, parent or sibling of the trafficking victim, who have been certified by, or whose status has been verified by, the federal Office of Refugee Resettlement (ORR).

 

d)         Elderly non-citizens who were lawfully residing in the U.S. on 8/22/96, and children lawfully residing in the U.S., and disabled persons lawfully residing in the U.S.  A person qualifies as elderly if the person was age 65 on 8/22/96.  A person qualifies as a child if the person is under age 18.  A person qualifies as disabled/blind if the person meets one of the requirements listed in Section 121.61(a)(1)(B) through (L).  The person must also have the following status with INS:

 

1)         lawful permanent resident;

 

2)         conditional entrant under section 203(a)(7) of INA (8 USC 1153(a)(7));

 

3)         parolee status for at least a year under section 212(d)(5) of INA (8 USC 1182(d)(5)); or

 

4)         battered spouse or child, or parent or child of a battered person with a petition pending under section 204(a)(1)(A) or (B) of INA (8 USC 1154(a)(1)(A) or (B)) or section 240A of INA (8 USC 1229). This status does not apply if the non-citizen lives with the abuser.

 

e)         Hmong or Highland Laotian tribe members and the members' close family members.  A person lawfully residing in the U.S. that was a member of a Hmong or Highland Laotian tribe when the tribe helped U.S. personnel by taking part in a military or rescue operation during the Vietnam era (between August 5, 1964 and May 7, 1975).  This also includes the person's spouse, unmarried surviving spouse, if deceased, and unmarried dependent children.

 

f)         Certain American Indians born in Canada.  An American Indian born in Canada to whom the provisions of section 289 of INA (8 USC 1359) apply, and a member of an Indian tribe as defined in section 4e of the Indian Self-Determination and Education Assistance Act (25 USC 5304).

 

g)         Noncitizens who have lived in the U.S. for at least 5 years in the following status with INS may receive assistance, if otherwise eligible:

 

1)         lawful permanent resident;

 

2)         conditional entrant under section 203(a)(7) of INA (8 USC 1153);

 

3)         parolee status for at least a year under section 212(d)(5) of INA (8 USC 1182); or

 

4)         battered spouse or child, or parent or child of a battered person with a petition pending under section 204(a)(1)(A) or (B) of INA (8 USC 1154(a)(1)(A) or (B)) or section 240A of INA (8 USC 1229).  This status does not apply if the noncitizen lives with the abuser.

 

(Source:  Amended at 44 Ill. Reg. 9944, effective May 20, 2020)

 

Section 121.21  Residence

 

a)         Only those persons who are legally admitted to the United States can be found to be residents of the State of Illinois.

 

b)         Applicants must live in the county/district in which they are applying.  Intent to remain permanently and duration of residence are not eligibility requirements.

 

c)         During the certification period, eligible households that move between Illinois counties do not have to reapply for benefits in their new county of residence.

 

(Source:  Amended at 9 Ill. Reg. 14334, effective September 6, 1985)

 

Section 121.22  Social Security Numbers

 

a)         With the exception of categorically eligible households and households entitled to expedited service, all members of the food stamp household must furnish to the Department social security numbers (SSNs) or provide proof of application for a SSN.

 

b)         Households entitled to expedited services are asked to provide a SSN or provide proof of application for a SSN prior to the authorization of the household's first month of benefits.  If the household member or members do not have one prior to the authorization of the next month's issuance, the member or members shall be allowed to participate for the full month while awaiting receipt of the SSN.  The provisions of (c), (f), (g) and (h) of this Section are applicable to households entitled to expedited service.  However, verification of the SSN is not required prior to certification of expedited service.

 

c)         If more than one social security number has been assigned to any individual, all numbers must be furnished.  If a social security number cannot be furnished either because a social security number has not been issued or is not known, application must be made for a social security number.

 

d)         For regular application processing and when a new member is added, household members that have applied for a SSN are allowed to participate for one full month of benefits.  If the initial month of benefits is prorated, the household member may participate for the initial month of prorated benefits and the first full month of benefits.  If the SSN is not received by the end of the household member's first full month of participation, the household member is disqualified unless good cause exists.  See subsections (g) and (h) for good cause definition.

 

e)         Foodstamp units with a newborn have until their next recertification or six months from the date of the infant's birth, whichever is later, to submit proof of application for a SSN for the infant.

 

f)         A household member who refuses to furnish the social security number to the Department, refuses to allow verification such as a social security card or W-2 Form or refuses to apply for a social security number is ineligible to participate in the food stamp program until the requirement is met.

 

g)         Good cause for failure to provide a SSN exists if the household member can provide documentary evidence that the household member has applied for the number and made every effort to supply the Social Security Administration (SSA) with any necessary information such as a birth certificate.  If the household does show good cause, benefits are allowed pending receipt of the SSN card.

 

h)         A household member who has provided any needed information will not be disqualified if the SSN is not received from the Social Security Administration within the prescribed time limits.

 

(Source:  Amended at 22 Ill. Reg. 20099, effective November 1, 1998)

 

Section 121.23  Work Registration/Participation Requirements

 

a)         All nonexempt adults who are eligible members of a SNAP household shall register for employment and accept suitable employment.  Compliance with this requirement is a prerequisite to certification and program benefits shall not be granted conditionally prior to registration by nonexempt household members.  However, under expedited services, the applicant must register but registration of other members may be postponed.

 

b)         All nonexempt individuals must register in the following circumstances:

 

1)         prior to initial certification;

 

2)         for a new household member, prior to addition to the case;

 

3)         once every 12 months; and

 

4)         when as a result of a change which the household is required to report, a member loses exempt status.  (See 89 Ill. Adm. Code 102.50(c).)

 

c)         Participation in TANF work and training activities shall meet the SNAP work registration requirement.

 

d)         Registration with a Refugee Placement Agency or Illinois Job Service for Refugee Assistance/SNAP recipients shall meet the SNAP work registration requirements.

 

e)         Each household member who is required to register for employment is also required to:

 

1)         participate in a TANF work and training program, if receiving TANF benefits, in accordance with 89 Ill. Adm. Code 112.72;

 

2)         respond to requests for supplemental information regarding employment status or availability for work;

 

3)         report to employers to whom referred;

 

4)         accept a bona fide offer of suitable employment (see Section 121.28(b) for a definition of "suitable employment"); and

 

5)         not voluntarily quit a job or reduce work hours without good cause (see Section 121.28(a) for definition of "good cause").

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.24  Individuals Exempt From Work Registration Requirements

 

a)         Individuals receiving TANF who are required to participate in the TANF work and training program in accordance with 89 Ill. Adm. Code 112.71 and 112.72 are not exempt from SNAP work registration requirements unless they have a child under age six.

 

b)         Individuals not receiving TANF who are listed below are exempt from SNAP work registration requirements, but may, if they wish, voluntarily register:

 

1)         ineligible household members;

 

2)         parent or other household member having responsibility for the care of a dependent child or children under age six or the care of an incapacitated person or persons;

 

3)         persons under age 16 or age 60 or over;

 

4)         a person age 16 or 17 who is not the primary wage earner or is attending school or enrolled in a training program on at least a half-time basis;

 

5)         a person who is temporarily ill or chronically ill;

 

A)        A person is temporarily ill, when determined by the local office, on the basis of medical evidence (for example, statement from a medical provider) or on another sound basis that the illness or injury is serious enough to temporarily prevent the person from engaging in employment.  Minor ailments and injuries such as colds, broken fingers or rashes are not serious enough, normally, to exempt the individual under this criterion.  A sound basis for exemption from engaging in employment on a temporary basis includes, but is not limited to:

 

i)          the observation of a cast on a broken leg; or

 

ii)         information, provided by the client, of a scheduled surgery or recuperation from surgery;

 

B)        A person is chronically ill, as determined by the local office, when a physician or licensed or certified psychologist finds that a physical or mental impairment, either by itself or in conjunction with age or other factors, prevents the person from engaging in employment;

 

C)        When a person is determined either temporarily or chronically ill, the exemption shall continue until further action is taken by the Department.  When the exemption is initially granted, the Department will establish a date as to when the condition warranting the exemption is expected to end or when the case will be reevaluated to determine whether the exempted person continues to be exempt under the same procedures as for the initial determination of exemption, with appropriate notice to the person that a reevaluation is necessary.

 

6)         any drug addict or alcoholic who regularly participates in a drug or alcoholic treatment and rehabilitation program;

 

7)         persons who are engaged in gainful employment, employed or self-employed at least 30 hours per week or receiving weekly earnings equivalent to or greater than the Federal Minimum Wage multiplied by 30 hours and migrant and seasonal farm-workers under a contract to begin employment within 30 days after application;

 

8)         persons receiving Unemployment Insurance (UI) or who have applied for UI if required to register for Job Service as part of the UI application process;

 

9)         students enrolled at least half-time in any recognized:

 

A)        school;

 

B)        training program; or

 

C)        institution of higher education and who have met one of the eligibility requirements set forth in Section 121.75(a).

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.25  Failure to Comply with Work Provisions

 

a)         An individual who, without good cause, fails to comply with the work registration requirements (see Section 121.23) or who voluntarily quits a job or reduces work hours (see Section 121.27) will be sanctioned from receiving SNAP.

 

b)         An individual who fails to comply with the work provisions is an ineligible household member (see Section 121.31(h)).

 

c)         Good cause includes circumstances beyond the member's control such as, but not limited to, illness, illness of another household member requiring the presence of the member, lack of transportation, a household emergency or the lack of adequate child care for children ages six through 11, as defined in Section 121.75(a)(4).

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.26  Periods of Sanction

 

a)         If an individual fails to comply with work registration requirements (Section 121.23), or fails to comply with TANF work and training requirements (89 Ill. Adm. Code 112.72), or voluntarily quits a job or reduces work hours (Section 121.27), a sanction shall be imposed on that individual for:

 

1)         3 months for the first violation;

 

2)         3 months for the second violation; and

 

3)         6 months for the third or subsequent violations.

 

b)         The period of sanction may end early if:

 

1)         the individual becomes exempt from the requirements; or

 

2)         the individual is no longer a household member.  However, if the individual becomes part of another household, the remainder of that sanction period will still be in effect, and that individual's income will be calculated for the new household in accordance with Section 121.73.

 

c)         Participation may be resumed following the end of the last fiscal month of the sanction period if:

 

1)         an application is filed (if the case was canceled as a result of the sanction), or a request is made to add the individual to an active case (if the case remained eligible when the individual was sanctioned); and

 

2)         the individual complies with the program requirements for which the individual was sanctioned; and

 

3)         all other eligibility requirements are met.

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.27  Voluntary Job Quit/Reduction in Work Hours

 

a)         If, within 60 days before the date of initial application, a member of the food stamp household has, without good cause voluntarily quit his or her job, or voluntarily reduced work hours to less than 30 hours per week, the individual is subject to a sanction (see Section 121.29 for exemptions).

 

b)         If a member of a participating food stamp household has, without good cause, voluntarily quit his or her job or voluntarily reduced work hours to less than 30 hours per week, the individual is subject to a sanction (see Section 121.29 for exemptions).

 

c)         A federal, State or local government employee who participates in a strike against such government and is dismissed from his or her job because of participation in the strike is considered to have voluntarily quit his or her job without good cause.

 

d)         If questionable information is provided (i.e., inconsistent with information previously supplied by the household or other information available to the local office) regarding whether a household member has voluntarily quit employment or voluntarily reduced work hours, verification from sources such as a previous employer, employee associations, and union representatives, etc., shall be required.

 

(Source:  Amended at 24 Ill. Reg. 4180, effective March 2, 2000)

 

Section 121.28  Good Cause for Voluntary Job Quit/Reduction in Work Hours

 

a)         Circumstances beyond the person's control, including but not limited to:

 

1)         illness;

 

2)         illness of another household member requiring the presence of the individual;

 

3)         a household emergency;

 

4)         lack of transportation; or

 

5)         lack of adequate child care for children age 6 through 11 as defined in Section 121.75(a)(3).

 

b)         Resignation from a job which is considered "unsuitable" or becomes "unsuitable" after acceptance of the job.  Employment is considered "unsuitable" if:

 

1)         wages are below federal or State minimum wage;

 

2)         the person is required to join or refrain from joining a labor union;

 

3)         the work site is subject to a strike or lockout;

 

4)         the degree of risk to health or safety is unreasonable;

 

5)         the person is physically or mentally unable to perform the employment;

 

6)         the distance from the member's home to the place of employment is unreasonable (daily commuting exceeds two hours a day).

 

c)         Discrimination by employer based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs.

 

d)         Work demands or conditions that make it unreasonable to continue employment, including, but not limited to, a person working and not being paid on schedule.

 

e)         Acceptance of new employment, requiring that the person leave the current job.

 

f)         Acceptance by any other household member of employment in a different county, requiring that the household move and that the person leave the job.

 

g)         Educational enrollment, at least half time, in any recognized school, training program or institution of higher education.

 

h)         Educational enrollment of another household member in a different county, requiring that the household move and that the person leave the job.  Enrollment must be at least half time in any recognized school, training program or institution of higher education.

 

i)          Resignation from employment by a person who is under 60 which the employer recognizes as retirement.

 

j)          Acceptance of bona fide offer of employment which, because of circumstances beyond the person's control, does not materialize, turns out to be less than 20 hours a week, or pays less than the federal minimum wage times 20 hours per week.

 

k)         Leaving a job in connection with patterns of employment, e.g. migrant farm labor.

 

(Source:  Amended at 24 Ill. Reg. 4180, effective March 2, 2000)

 

Section 121.29  Exemptions from Voluntary Quit/Reduction in Work Hours Rules

 

a)         The hours of employment are reduced by the employer;

 

b)         Termination of self-employment enterprise;

 

c)         Employer demands that person resign from job; and

 

d)         The person is exempt from the work registration requirements.

 

(Source:  Amended at 24 Ill. Reg. 4180, effective March 2, 2000)

 

Section 121.30  Unearned Income

 

a)         All currently available unearned income that is not specified as exempt shall be considered in the determination of eligibility and benefit amount for SNAP benefits.

 

b)         The penalty amount imposed for failure to comply with a federal, State or local welfare cash assistance program requirement is considered available unearned income in the determination of eligibility and benefit amount.  This includes:

 

1)         monies recouped under the Temporary Assistance for Needy Families Program or the federal Supplementary Security Income Program as the result of a conviction for criminal or civil fraud under Section 8A-2 or 8A-7 of the Illinois Public Aid Code [305 ILCS 5/8A-2 or 8A-7]; or

 

2)         the amount of cash assistance benefits withheld from the household due to a failure to comply with requirements of a federal, State or local welfare cash assistance program.

 

c)         Unearned income is all income other than that received in the form of salary for services performed as an employee or profits from self-employment.

 

(Source:  Amended at 34 Ill. Reg. 7265, effective May 10, 2010)

 

Section 121.31  Exempt Unearned Income

 

The following unearned income is exempt:

 

a)         Vendor payments when these are made in behalf of a household by a nonhousehold member with nonhousehold funds, and paid directly to the household's creditors or person or organization providing the service to the household.  (This includes rent and mortgage payments made to landlords or mortgagees by Housing and Urban Development (HUD));

 

b)         Monies that are legally obligated and otherwise payable to the household such as, but not limited to, garnished wages, public assistance grants directed to a protective payee, GA disbursing orders and payments directed to a vendor, and support or alimony payments legally obligated to a household member, but which are diverted by the provider of the payment to a third party for a household expense, are counted as income and not excluded as a vendor payment.  The following are considered vendor payments and not diverted income:

 

1)         Rent paid directly to a landlord by a household's employer in addition to paying the household its regular wages;

 

2)         Assistance payments that would not normally be provided in a money payment to the household, and that are over and above normal public assistance or general assistance grants, if they are made directly to a third party for a household expense;

 

3)         Child support or alimony payments specified by a court order or other legally binding agreement to go directly to a third party rather than to a household;

 

4)         Support payments not required by a court order or other legally binding agreement (such as, payments in excess of an amount specified in a court order or written agreement) which are paid to a third party rather than to the household;

 

5)         Public Assistance or General Assistance payments to a third party in behalf of a household for medical, child care, or energy assistance (Public Assistance means AFDC and AABD);

 

6)         From October 20, 1987, to September 30, 1989, the entire amount of Public Assistance or General Assistance payments to third parties in behalf of a household for temporary housing, even any portion of the payment which is part of the normal Public Assistance or General Assistance payment, provided the housing lacks facilities for preparation and cooking of hot meals or refrigerated food storage; and

 

7)         Emergency Public Assistance (PA) or General Assistance (GA) payments made directly to a third party (that is, vendor payment) on behalf of a migrant or seasonal farmworker household while the household is in the job stream.  This assistance includes, but is not limited to, emergency vendor payments for housing or transportation.

 

c)         Cash donations based on need received on or after February 1, 1988, from one or more private nonprofit charitable organizations, but not to exceed $300 in a federal fiscal year quarter;

 

d)         Any income in the certification period which is received too infrequently or irregularly to be reasonably anticipated, not in excess of $50 per quarter;

 

e)         All loans on which repayment is deferred;

 

f)         Reimbursements for past or future expenses, to the extent they do not exceed actual expenses and do not represent a gain or benefit to the household.  This does not include reimbursements for normal living expenses;

 

g)         Monies received and used for the care and maintenance of a third-party beneficiary who is not a household member.  Foster care payments are considered income to the adult or child in foster care and not income to the household providing the foster care even if the payments are made to the provider household rather than to the adult or child or children in foster care.  If the household chooses to include the adults and/or children in foster care as part of the household, the entire foster care payment is considered unearned income to the household;

 

h)         Income of nonhousehold members except ineligible household members who have been sanctioned for fraud or intentional program violation, for failure to comply with work registration requirements due to a voluntary job quit or reduction in work hours, or failure to comply with the FSE&T program, for failure to meet the social security number requirements, because of ineligible alien status, or due to questionable citizenship status (see Section 121.73);

 

i)          Payments to volunteers under the Domestic Volunteer Service Act (42 USC 4951-4993) (VISTA) are exempt only if the individual:

 

1)         was receiving food stamps or public assistance at the time he or she joined VISTA; and/or

 

2)         was receiving an exempted VISTA payment, or other subsistance payments under Title I of the Domestic Volunteer Services Act, prior to March 1, 1979, and the volunteer contract in effect March 1, 1979, has not expired;

 

j)          Income received from the disposition of funds to the Grand River Band of Ottawa Indians;

 

k)         Any income specifically excluded by any federal statute from income consideration for food stamp purposes;

 

l)          Unearned income such as need based payments, cash assistance, compensation in lieu of wages and allowances through the Job Training Partnership Act (29 USC 1501-1781);

 

m)        Payments made by the Illinois Department of Mental Health and Developmental Disabilities under the Family Assistance Program for Mentally Disabled Children under P.A. 86-921;

 

n)         Income received from the Social Security Administration under the PASS Program;

 

o)         Payments made under the federal Crime Act of 1984 (as amended by P.L. 104-132, Section 234, Crime Victims Fund);

 

p)         All educational loans, grants, scholarships, fellowships, veteran's educational benefits, and all federal and State work study programs; and

 

q)         Any additional payment received under Chapter 5 of Title 37, United States Code, by a member of the United States Armed Forces deployed to a designated combat zone shall be excluded from household income for the duration of the member's deployment if the additional pay is the result of deployment to or while serving in a combat zone, and it was not received immediately prior to serving in the combat zone.

 

r)          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.

 

(Source:  Amended at 45 Ill. Reg. 9014, effective June 30, 2021)

 

Section 121.32  Education Benefits (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 18445, effective November 20, 2003)

 

Section 121.33  Unearned Income In-Kind

 

Unearned income in-kind shall be exempt when the major benefit accrues to the payer rather than to the household.

 

(Source:  Amended at 3 Ill. Reg. 33, p.399, effective August 18, 1979)

 

Section 121.34  Lump Sum Payments and Income Tax Refunds

 

a)         Lump Sum Payments.  Lump sum payments received on a one time only basis are exempt as income.

 

b)         Earned Income Tax Credits.  The Earned Income Tax Credit is exempt both as income and as an asset.

 

(Source:  Amended at 27 Ill. Reg. 18445, effective November 20, 2003)

 

Section 121.40  Earned Income

 

a)         All currently available income which is not specified as exempt shall be considered in the determination of eligibility and the basis of issuance for food stamps.

 

b)         Earned income is renumeration acquired through the receipt of salaries or wages for services performed as an employee or profits from an  activity in which the individual is self-employed.

 

(Source:  Amended at 6 Ill. Reg. 8159, effective July 1, 1982)

 

Section 121.41  Budgeting Earned Income

 

a)         When determining eligibility and level of benefits, income received during the month in which the household applies shall be budgeted.  When recertified, income which the household anticipates receiving during the certification period starting the month following the expiration of the current certification period shall be budgeted.

 

b)         The Department shall consider income already received by the household and any anticipated income that is reasonably certain to be received.  Income received in the fiscal month prior to the fiscal month of application shall be used as an indication only if income is stable.  Anticipated income shall be counted only in the month received.  Income which is not certain to be received either on amount or date shall not be counted.

 

c)         Households anticipating variable income over the certification period shall have their income averaged.

 

d)         The earned income of special situation households shall be treated as follows:

 

1)         Self Employed

 

A)        Self-employment income which represents a household's annual income shall be averaged over a 12-month period even if the income is received within a shorter period of time during the 12 months.

 

B)        Self-employment income which is intended to meet the household's needs for only part of the year shall be averaged over the period of time the income is intended to cover.

 

2)         Resident Farm Laborers

 

A)        If resident farm laborers are paid for work done only during the work season and such payments are anticipated to be the only source of income during the year, the income shall be averaged over the 12-month period.

 

B)        If the household receives advance or deferred payments during the non-work season or has income from other sources, the income shall not be averaged but shall reflect the actual receipt of the income.

 

e)         School Contractual Employees

            Those households that derive their income in a period of time shorter than one year shall have that income averaged over a 12-month period, provided the income is not received on an hourly or piecework basis.

 

f)         Self-Employed Farmers

            A deduction is allowed from other countable household income for the costs of producing income which exceeds the income derived from self-employment as a farmer.  An individual is considered a self-employed farmer if annual gross proceeds of $1,000 or more are anticipated or received from a farming enterprise.

 

(Source:  Amended at 34 Ill. Reg. 5295, effective April 12, 2010)

 

Section 121.50  Exempt Earned Income

 

a)         The earned income of a child residing in the household, who is under 18 years of age and who is attending an elementary or secondary school, is exempt.  The exemption of this income is not altered by temporary interruptions in school attendance, such as semester or summer vacations, provided the child's enrollment will resume following the break.

 

b)         The exemption in subsection (a) of this Section shall not apply to any training allowances or educational grants received by the child.

 

c)         The exemption in subsection (a) of this Section shall not apply if the student is an emancipated minor or living alone.

 

d)         Earnings from employment through the Jobs Training Partnership Act are exempt if the individual is under age 19 and under the parental control of another adult household member.  "Parental control" refers to an adult who has responsibility for the well-being, care and maintenance of a child.

 

e)         Earnings, allowances and payments under Title I of the National and Community Service Act of 1990 are exempt.  These programs include Serve-America, Higher Education Innovative Projects, American Conservation and Youth Corps Programs and National and Community Service Programs.

 

f)         Earnings through employment with the United States Census 2020 are exempt.

 

(Source:  Amended at 44 Ill. Reg. 6984, effective April 16, 2020)

 

Section 121.51  Income From Work/Study/Training Programs

 

a)         Income received from or paid in behalf of the household by the Work Incentive Demonstration Program (WDP), Manpower Training Program or similar vocational and rehabilitation programs (such as programs through the Department of Rehabilitation Services) shall be considered earned income.

 

b)         Income received under the Adult Conservation Corps shall be considered earned income.

 

c)         Payments to volunteers under Title II (RSVP), Foster Grandparents and Others) and Title III (Service Corps of Retired Executives (SCORE) and Active Corps of Executive (ACE)) of the Domestic Volunteers Service Act is exempt.

 

d)         Allowances and payments to individuals participating in programs under the Job Training Partnership Act (JTPA) (29 U.S.C. 1501 et seq.) shall not be considered income for food stamp purposes.

 

e)         Earnings received by individuals participating in on-the-job training programs under the JTPA shall be considered earned income.  This provision does not apply to household members nineteen (19) years of age who are under the parental control of another adult household member.

 

(Source:  Amended at 12 Ill. Reg. 877, effective December 30, 1987)

 

Section 121.52  Earned Income from Roomers or Boarders

 

a)         The income from roomers or boarders shall include all direct payments to the household for room and meals, including contributions to the household's shelter expenses.

 

b)         The cost of doing business is an allowable deduction as long as it does not exceed the amount of the payment received from the boarder and is equal to one of the following:

 

1)         The maximum monthly benefit amount for the size of household that is equal to the number of boarders; or

 

2)         The actual documented cost of providing room and meals, if the actual cost exceeds the benefit amount.

 

c)         Net income from boarders shall be added to any other earned income prior to the calculation of any other deductions from income.

 

(Source:  Amended at 34 Ill. Reg. 7265, effective May 10, 2010)

 

Section 121.53  Income From Rental Property

 

a)         Income which a client receives from rental property which he owns shall be considered earned income if the client is actively engaged in the management of the property for an average (as determined by looking at the term of the certification period) of at least 20 hours per week.

 

b)         When determining net income, the reasonable and necessary rental expenses which the client incurs in the production of income may be deducted from the gross income.  Reasonable and necessary rental expenses include repairs, taxes, insurance, and utilities if the landlord pays them.

 

c)         If a client is responsible for cleaning a room and providing clean linens, the income which he receives shall be considered earned income from a roomer rather than earned income from rental property.

 

d)         After deduction of rental expenses, the appropriate employment expenses, and child care expenses (as specified in 89 Ill. Adm. Code 112.143, 113.125, 114.235, 120.230 and 120.355) shall be deducted to determine net rental income.

 

(Source:  Amended at 6 Ill. Reg. 8159, effective July 1, 1982)

 

Section 121.54  Earned Income In-Kind

 

Earned income in-kind shall be exempt.

 

(Source:  Amended at 5 Ill. Reg. 10733, effective October 1, 1981)

 

Section 121.55  Sponsors of Aliens

 

a)         A sponsor is a person who signed an affidavit or other statement accepted by the U.S. Citizenship and Immigration Service (USCIS) agreeing to support an alien as a condition of the alien's admission for permanent residence. A sponsor is an individual, not an organization. Portions of sponsor's income and assets are deemed available to the alien for three years after the alien's date of entry into the United States (see subsection(i)).  The alien's date of entry is the date established by USCIS as the date the alien was admitted for permanent residence in the United States.  The following individuals are excluded from the provisions of this Section:

 

1)         an alien who is participating in SNAP as a member of his or her sponsor's household;

 

2)         an alien whose sponsor is participating in SNAP separate and apart from the alien;

 

3)         an alien who is sponsored by an organization or group, as opposed to an individual; or

 

4)         an alien who is not required to have a sponsor under the Immigration and Nationality Act (8 USC 1101(a)(15) and 1101(a)(20)).  This includes but is not limited to a refugee, a parolee, one granted asylum and a Cuban or Haitian entrant.

 

b)         Certain amounts of the gross income and assets of the sponsor or sponsor's spouse, if they live together, are deemed available (see subsection (j)) as unearned income and assets of the individual alien applying for or receiving SNAP benefits if:

 

1)         the sponsor signed an affidavit of support or a similar agreement on or after February 1, 1983, assuring the alien will not become a public charge; and

 

2)         the alien has been a resident of the United States for less than three years.

 

c)         The gross income and assets of the sponsor's spouse, if living with the sponsor, will be counted even if the sponsor and spouse married after the agreement was signed (see subsection (i)).

 

d)         The gross income of the sponsor and the sponsor's spouse will be counted even if the sponsor claims to have given up sponsorship responsibility.

 

e)         Sponsorship Duration

 

1)         The sponsorship responsibility continues until:

 

A)        the three-year sponsorship period expires; or

 

B)        the alien obtains a new sponsor; or

 

C)        the sponsor dies.

 

2)         When the alien obtains another sponsor, the Department will recalculate deemed income/assets using the new sponsor's income and assets.

 

f)         If two or more aliens are sponsored by the same sponsor, the income of the sponsor deemed available is divided equally among the aliens applying for or receiving SNAP benefits.

 

g)         Alien Responsibility

 

1)         It is the responsibility of the alien to:

 

A)        provide the Department with any information or documentation necessary to determine the income and assets of the sponsor (e.g., pay stubs of earned income, checking and saving account statements);

 

B)        obtain the necessary cooperation (in accordance with Section 121.5) of the sponsor in determining the amount of the sponsor's available income;

 

C)        provide the Department with the names of other aliens that the sponsor has signed an agreement to support, for the purpose of prorating the sponsor's deemed income;

 

D)        report any changes in the sponsor's income, source of income, assets and number of dependents that directly affect the eligibility and benefit level of the alien;

 

E)        report a change in sponsors and all required information regarding the new sponsor's income, spouse, assets and dependents;

 

F)         report the death of the sponsor.

 

2)         The alien is not eligible until income/asset information is received. However, if the alien or the alien's sponsor receives TANF, the information concerning the sponsor's income and assets is taken from the TANF case record.

 

h)         Department's Responsibility

            Obtain from the alien, the alien's spouse, the sponsor or the sponsor's spouse, or from the TANF record, and document:

 

1)         The gross income and assets of the alien's sponsor and the sponsor's spouse (if living with the sponsor) for the fiscal month of the alien's application for SNAP benefits.

 

2)         The names of other aliens for whom the sponsor has signed an affidavit of support or similar agreement, for the purpose of prorating the sponsor's deemed income.

 

3)         The provision of the Immigration and Nationality Act under which the alien was admitted.

 

4)         The date of the alien's entry or admission as a lawful permanent resident, as established by USCIS.

 

5)         The alien's date of birth, place of birth and alien registration number.

 

6)         The number of dependents claimed or that could be claimed for federal income tax purposes by the sponsor and the sponsor's spouse (if living with sponsor).

 

7)         The name, address and phone number of the alien's sponsor.

 

i)          Determination of a Sponsor's Available Income

            The income of the sponsor and the sponsor's spouse (if they live together) includes all gross income except for exempt income listed in Sections 121.31 and 121.50. Income deemed available from the sponsor and the sponsor's spouse is budgeted monthly.  If the sponsor and/or the sponsor's spouse receive income on a yearly basis, the income is divided by 12 to arrive at the monthly amount of income to deem available to the alien.

 

1)         Determine the gross earned income of the sponsor and the sponsor's spouse for the fiscal month of application.

 

2)         Determine net earned income by multiplying the total gross earned income by 80%.

 

3)         Add the unearned income of the sponsor and sponsor's spouse to the net earned income.

 

4)         Deduct the Gross Monthly Income Eligibility Standard for a household equal in size to the sponsor, the sponsor's spouse and any other person claimed or that could be claimed by the sponsor or the sponsor's spouse for income tax purposes.

 

5)         Income remaining is deemed available to the alien.

 

6)         Divide the sponsor's deemed income by the number of named aliens who apply for or participate in SNAP.

 

7)         Determine the sponsor's and the sponsor's spouse's income using prospective budgeting in accordance with Section 121.92.

 

j)          Determination of Sponsor's Assets

            The total amount of assets available to the alien is the total of non-exempt assets of the sponsor and the sponsor's spouse minus $1,500. If the individual is sponsoring more than one alien, divide the deemed assets (see Section 121.57) by the number of named aliens who apply for or participate in SNAP.

 

k)         Overissuance Due to Incorrect Sponsor Information

 

1)         The sponsor and/or the alien is responsible for repayment of overissuance of benefits as a result of incorrect information provided by the sponsor.  If the alien's sponsor had good cause or was without fault (see Section 121.200(b)) for supplying incorrect information, the alien's household is responsible for repayment.

 

2)         If the sponsor did not have good cause, the Department will decide whether to establish a claim for overissuance against the sponsor or alien, or both (see Sections 121.200(a) and 121.150 through 121.154).

 

(Source:  Amended at 34 Ill. Reg. 7265, effective May 10, 2010)

 

Section 121.57  Assets

 

a)         The value of nonexempt assets shall be considered in determining eligibility only if a household is not categorically eligible (see Section 121.76).

 

b)         Value of Nonexempt Assets

 

1)         The value of nonexempt assets is the equity value (fair market value less the amount owed), except for prepaid funeral agreements valued over $1500.

 

2)         The Department considers the following assets in determining eligibility:

 

A)        Liquid Assets

 

i)          Liquid assets are those properties in the form of cash or other financial instruments that are convertible to cash, such as, but not limited to, cash on hand, money, in checking or savings accounts, credit union accounts, savings certificates, stocks or bonds, lump-sum payments, prepaid funeral agreements, and cash prize lottery or gambling winnings of $4,500 or more (before taxes or amounts are withheld) won in a single game.

 

ii)         Exempt any retirement funds in a plan, contract, or account, described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of the Internal Revenue Code of 1986 and the value of funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5, United States Code.  Exempt any funds in a qualified tuition program described in section 529 of the Internal Revenue Code of 1986 or in a Coverdell education savings account under section 530 of that Code.  Exempt any funds and earnings from an Achieving a Better Life Experience (ABLE) account.

 

B)        Nonliquid Assets

Nonliquid assets are those properties that are not in the form of cash or other financial instruments, such as personal property, licensed vehicles, unlicensed vehicles, buildings, land, recreational properties, and any other property not specifically exempted in Section 121.58.

 

C)        Assets of Sponsors of Aliens

Consider the assets of the sponsor and the sponsor's spouse who sponsored an alien on or after February 1, 1983 (7 CFR 272.1(g)(54) (2012)) in accordance with Section 121.55.

 

D)        Prepaid Funeral Agreements

The value of prepaid funeral agreements over $1500 per person is considered.

 

(Source:  Peremptory amendment at 48 Ill. Reg. 14986, effective October 1, 2024)

 

Section 121.58  Exempt Assets

 

a)         Homestead Property

 

1)         The home and surrounding property that, exclusive of public rights of way, is not separated from the home by intervening property owned by others.

 

2)         Homes that are temporarily unoccupied for reasons of employment, training for future employment, illness, or inhabitability caused by casualty or natural disaster, remain exempt if the household intends to return.

 

3)         A lot owned or being purchased by the household if the household intends to build or is building a permanent home and the household does not currently own a home.

 

b)         Personal Property

Household goods, personal effects, one burial plot per household member, and the cash value of life insurance policies.  Pension plans are exempt from consideration as an asset, except accounts owned solely by an individual, such as an Individual Retirement Account (IRA), 401 K or Keogh Plan, that are accessible without a penalty for withdrawal.

 

c)         Income Producing Property

 

1)         Property that is annually producing income consistent with its fair market value (including land or buildings being sold by installment contract), even if only used on a seasonal basis.

 

2)         Property that is essential to the employment or self-employment of a household member, such as, farmland and work related equipment (tools of a tradesman, farm machinery).  In the case of farm property (including land, equipment, and supplies) that is essential to the self-employment of a household member in a farming operation, the value of the property shall be excluded from financial resources until the expiration of the one year period beginning on the date the member ceases to be self-employed in farming.

 

3)         A rental home that is used by a household for vacation purposes at sometime during the year is an asset, unless excluded by subsection (c)(1).

 

d)         Disaster Relief Payments

Disaster relief payments provided by federal, state or local government or a disaster assistance organization.

 

e)         Inaccessible Assets

Assets whose cash value is not accessible to the household, such as, but not limited to:

 

1)         irrevocable trust funds,

 

2)         security deposits on rental property and utilities,

 

3)         property in probate,

 

4)         real property when a good faith effort is being made to sell at a reasonable price,

 

5)         jointly owned assets that cannot be practically subdivided and are accessible only with the consent of the joint owner who refuses to give that consent,

 

6)         non-liquid asset or assets (see Section 121.57(b)(2)(B)) that have a lien against it as a result of a business loan and the household is prohibited by the security or lien agreement from selling the asset or assets,

 

7)         monies received from the Social Security Administration under the PASS Program that are held in a separate account, or

 

8)         an asset that, when sold or otherwise disposed of, would net the household less than $1500.  The net is determined by subtracting the expenses of disposing of the property from the equity value.  This does not apply to negotiable financial instruments or stocks and bonds.

 

f)         Prorated Income

Money that has been prorated as income, such as income of self-employed persons or students.

 

g)         Indian Lands

Indian lands held jointly with the tribe, or land that can be sold only with the approval of the Bureau of Indian Affairs.

 

h)         Federal Statute Exclusions

Assets excluded for SNAP purposes by express provision of Federal Statute.

 

i)          Vehicles

 

j)          Assets of a TANF or SSI household member

All assets of a household member who receives TANF or SSI benefits.

 

(Source:  Amended at 38 Ill. Reg. 4475, effective January 29, 2014)

 

Section 121.59  Asset Disregards

 

a)         Households which are categorically eligible, as defined in Section 121.76, do not have to meet the asset limits in this Section.

 

b)         $4,250 for all households with a qualifying member, as defined in Section 121.61.

 

c)         $2,750 for all other households.

 

(Source:  Peremptory Amendment at 46 Ill. Reg. 17125, effective October 3, 2022)

 

Section 121.60  Net Monthly Income Eligibility Standards

 

a)         Households that are not categorically eligible whose net monthly income does not exceed the maximum monthly income standards shall be assigned SNAP benefits based on the net monthly SNAP income.

 

b)         The maximum net monthly income standards are:

 

Household Size	Amount
1...........................................................	$   1,255
2...........................................................	1,704
3...........................................................	2,152
4...........................................................	2,600
5...........................................................	3,049
6...........................................................	3,497
7...........................................................	3,945
8...........................................................	4,394
Each additional member........................	449

 

Derived from Office of Management and Budget non-farm income poverty guidelines.

 

(Source:  Peremptory amendment at 48 Ill. Reg. 14986, effective October 1, 2024)

 

Section 121.61  Gross Monthly Income Eligibility Standards

 

a)         Gross Monthly Income Eligibility Standards

 

1)         The gross income standards of eligibility shall be 130 percent of the nonfarm income poverty guidelines prescribed by the Office of Management and Budget (see 7 CFR 273.9(a)(1)) for all households except categorical households as defined in Section 121.76.  Households that do not contain an elderly, blind or disabled person shall be considered categorically eligible if the household's gross income is at or below 165% of the nonfarm income poverty guidelines.  Elderly, blind or disabled households shall be considered categorically eligible if the household's gross income is at or below 200% of the nonfarm income poverty guidelines.  Households containing a member who is elderly, blind or disabled that are not categorically eligible will be exempt from this gross income check (see also 7 CFR 273.9(c)), but must meet the net income standards in Section 121.60.  To qualify for increased benefits, a household must contain a member who meets one of the following requirements:

 

A)        A member is 60 years of age or older.  An individual is considered age 60 in the fiscal month in which he or she becomes 60.

 

B)        A member receives Supplemental Security Income (SSI) benefits under Title XVI of the Social Security Act.  This includes a household in which a member is receiving SSI income on a temporary or emergency basis pending a final decision from the Social Security Administration.

 

C)        A member receives Social Security disability or blindness benefits under Title II (RSDI) of the Social Security Act.

 

D)        A member receives State Supplemental Payment (SSP) due to blindness or disability.

 

E)        A veteran with a service-connected disability rated or paid as totally disabled by the federal Department of Veterans Affairs (VA).

 

F)         A veteran considered by the VA to be in need of regular aid and attendance or permanently housebound.

 

G)        A veteran's surviving spouse who is considered in need of aid and attendance or considered permanently housebound by the VA or a veteran's surviving child who is considered permanently incapable of self-support by the VA.

 

H)        A veteran's surviving spouse or child entitled to compensation for a service-connected death or pension benefits for a nonservice-connected death from the VA, if the spouse or child also has a disability considered permanent under Social Security requirements.

 

I)         A member receives federal, state, or local government disability pension and is considered permanently disabled under Social Security requirements.

 

J)         A member receives Railroad Retirement disability benefits.

 

K)        A member receives an annuity payment from Railroad Retirement and is eligible for Medicare.

 

L)        A member receives disability-related medical assistance benefits (Categories 92, 93 and P3) under Title XIX (Medicaid) of the Social Security Act.

 

2)         For those veterans, surviving spouses, or children mentioned in subsections (a)(1)(F) and (G), proof of receipt of VA disability benefits is sufficient verification of disability.  For those veterans mentioned in subsection (a)(1)(E), a verified statement, in writing, from the VA that the individual is totally disabled must be provided.  To verify disability for those individuals mentioned in subsection (a)(1)(H), the individual must provide a statement from the Social Security Administration or from a physician licensed under the Medical Practice Act of 1987 [225 ILCS 60], or a licensed or certified psychologist under the Clinical Psychologist Licensing Act [225 ILCS 15] that the individual suffers from one of the disabilities listed in the preamble to Section 221(i) of the Social Security Act (42 U.S.C. 421(i)) or if the disability is obvious, by the observation of the caseworker (for example, permanent loss of use of both hands).

 

3)         Legally obligated child support payments paid by a household member to, for, or on behalf of a person who is not a SNAP unit member shall be excluded from gross income when comparing income to the gross income standard to determine eligibility. 

 

b)         The gross income standards are:

 

Household Size	Gross Income 130%	Gross Income 165%	Gross Income 200%
One Person	$1,632	$2,071	$2,510
Two Persons	2,215	2,811	3,406
Three Persons	2,798	3,551	4,303
Four Persons	3,380	4,290	5,200
Five Persons	3,963	5,030	6,096
Six Persons	4,546	5,770	6,993
Seven Persons	5,129	6,510	7,890
Eight Persons	5,712	7,249	8,786
Each Additional Member	+ 583	+ 740	+ 897

 

(Source:  Peremptory amendment at 48 Ill. Reg. 14986, effective October 1, 2024)

 

Section 121.62  Income Which Must Be Annualized

 

a)         Self-Employment income must be annualized over a twelve month period even if received over a shorter period of time if it represents the household's annual income. Notwithstanding the preceding sentence, household income resulting from the self-employment of a member in a farming operation, who derives income from such farming operation and who has irregular expenses (those expenses incurred less often than monthly) to produce such income, may, at the option of the household, be calculated by averaging such income and expenses over a 12-month period.

 

b)         Self-employment income intended to meet the household's needs for only part of the year shall be averaged only for that period.

 

c)         Resident farm laborer income shall be annualized over twelve months if it is received during the work season but is the only source of income for the year.

 

d)         School and other contractual employees who receive income over a period of time shorter than one year shall have income annualized over a twelve month period.

 

(Source:  Amended at 13 Ill. Reg. 13619, effective August 14, 1989)

 

Section 121.63  Deductions from Monthly Income

 

a)         The deductions described in this Section shall be allowed in the determination of the adjusted net monthly SNAP income.

 

b)         Earned Income Deduction.  Eighty percent of total gross earned income is considered.  See Sections 121.40 through 121.54 for a description of earned income.

 

c)         Standard Deduction. The standard deduction for a household size of one through three persons is $200.  The standard deduction for a household size of four persons is $213. The standard deduction for a household size of five persons is $250.  For households of six or more persons, the standard deduction is $287. Due to the Standard Medical Deduction Demonstration Project, the standard deduction will be adjusted as explained in subsection (i).

 

d)         Dependent Care Deduction

 

1)         The dependent care deduction consists of payments for the care of a child or other dependent when necessary for a household member to accept or continue employment or to seek employment in compliance with the job search criteria or to attend training or pursue education which is preparatory for employment (see 89 Ill. Adm. Code 112.70 through 112.83).

 

2)         The amount of the deduction is to be determined by the actual costs for care per month for each dependent household member.

 

e)         Shelter Costs Deduction

 

1)         The shelter deduction is the amount of shelter costs that exceeds 50% of the household's total income after the allowable deductions in subsections (b), (c), and (d) have been made.  The shelter deduction shall not exceed $712. 

 

2)         If the household contains a member who is elderly or disabled, as defined at 7 CFR 271.2 (2013) and Section 121.61, there is no limit on the amount of the excess shelter deduction.

 

3)         Shelter costs include only the following:

 

A)        continuing charges for the shelter occupied by the household (rent, mortgage and other charges leading to the ownership of the shelter, including interest on such charges);

 

B)        property taxes, State and local assessments and insurance on the structure itself; and

 

C)        utility costs, as described in subsection (g).

 

4)         Shelter costs for a home temporarily unoccupied by the household because of employment or training away from home, illness or abandonment caused by a natural disaster or casualty loss, if:

 

A)        the household intends to return to the home;

 

B)        the current occupants of the home, if any, are not claiming the shelter costs for SNAP purposes; and

 

C)        the home is not leased or rented during the absence of the household.

 

5)         Charges for repair of a home which was damaged or destroyed due to a natural disaster.  Shelter costs shall not include repair charges which have been or will be reimbursed by private or public relief agencies, insurance companies or any other source.

 

f)         Homeless Shelter Deduction

The standard homeless shelter deduction is $190 a month for households in which all members are homeless individuals but are not receiving free shelter throughout the month. A homeless household with qualifying shelter expenses may choose to use the standard homeless shelter deduction (in lieu of the shelter deduction as described in subsection (e)), as a deduction from net income in determining SNAP eligibility and allotments. A homeless household receiving the standard homeless shelter deduction may not have its shelter expenses considered as part of the shelter deduction or the standard utility allowances. A homeless household may choose to claim actual costs under the shelter deduction instead of claiming the standard homeless shelter deduction if actual costs are higher and verified.

 

g)         Utility Costs

 

1)         Utility costs include:

 

A)        the cost of heating and cooking fuel, air conditioning, electricity, water, sewerage, garbage and trash collection;

 

B)        basic service fee for one telephone (including tax on the basic fee) of $65; and

 

C)        fees charged by the utility provider for initial installation.

 

2)         Utility deposits are not considered to be utility costs.

 

3)         A standard must be used if the household is billed for utilities.  Federal regulations require an annual review of the State's utility standards and approval of the utility standard amounts by Food and Nutrition Service (FNS).  See subsection (e)(4) for households that claim utility expenses for an unoccupied home.  Households that are billed for heating or air conditioning, or both, or heating, air conditioning and electricity, must use the air conditioning/heating standard allowance of $532.  Those households that are not billed for air conditioning or heating but are billed for at least two other utilities must use the limited utility standard allowance of $445.  Those households that are not billed for air conditioning or heating but are billed for a single utility, other than telephone, must use the single utility standard allowance of $76.  If only a separately-billed telephone expense is claimed, the basic telephone standard allowance of $65 per month will be allowed.  Households living in rental housing who are billed on a regular basis by a landlord for costs for utilities must use the appropriate standard. 

 

4)         A household that is billed less often than monthly for its costs for utilities must continue to use the appropriate standard between billing months.

 

5)         Households in public housing or privately-owned rental units that receive a bill for over-usage are entitled to use the air conditioning/heating standard allowance.  When households (as defined at 7 CFR 273.1(a) (2013)) live together, the air conditioning/heating standard allowance, the limited utility standard allowance, or the single utility standard allowance, whichever is appropriate, shall be allowed for each household that contributes toward the utility costs whether or not each household participates in the program.

 

6)         Households whose expense for heat or electricity, or both, is covered by indirect energy assistance payments under the Low Income Home Energy Assistance Program (LIHEAP) (47 Ill. Adm. Code 100) shall be entitled to the air conditioning/heating standard allowance (7 CFR 273.9 and 273.10(d)(6) (2013)).  Households who receive a LIHEAP payment of $21 or more during the month of application or the preceding 12-month period shall be allowed the air conditioning/heating standard allowance (7 CFR 273.9 (2013)).  The provisions of subsection (e)(3) are applicable to households whose expenses for heating or electricity, or both, are covered by indirect energy assistance payments.

 

7)         A household that has both an occupied home and an unoccupied home is entitled to only one standard.  The appropriate utility standard may be used for the home the household chooses.

 

h)         Excess Medical Deduction.  A deduction for excess medical expenses shall be allowed for households which contain an elderly or disabled member as defined at 7 CFR 271.2 (2013) and Section 121.61. When a qualifying household member incurs medical expenses that are over $35 per month, the household will be given a standard medical deduction if the expenses will not be reimbursed by insurance or a third party. The standard medical deduction is a result of a demonstration project authorized by USDA FNS. The standard medical deduction is $450 a month for residents of Group Homes and $150 a month for all other eligible households. Households whose medical expenses exceed $485 and $185 a month, respectively, may opt to claim actual documented medical expenses in lieu of the standard medical deduction and the amount over $35 will be allowed as a deduction. To ensure federal costs do not increase, the standard deduction in subsection (c) will be reduced by $4 per month for all SNAP households.

 

(Source:  Peremptory amendment at 48 Ill. Reg. 14986, effective October 1, 2024)

 

Section 121.64  Supplemental Nutrition Assistance Program (SNAP) Benefit Amount

 

a)         The monthly Supplemental Nutrition Assistance Program (SNAP) benefit amount is determined by subtracting 30% of the adjusted net monthly income from the maximum monthly SNAP benefit amount.

 

b)         Maximum Monthly SNAP Benefit Amount:

 

Household Size	Amount
1...........................................................	$292
2...........................................................	$536
3...........................................................	$768
4...........................................................	$975
5...........................................................	$1,158
6...........................................................	$1,390
7...........................................................	$1,536
8...........................................................	$1,756
Each additional member.......................	$220

 

c)         All one and two-person households will receive a minimum monthly food stamp benefit amount of $23.

 

(Source:  Peremptory amendment at 48 Ill. Reg. 14986, effective October 1, 2024)

 

Section 121.70  Composition of the Assistance Unit

 

a)         The food stamp unit shall contain all members of the household.  For food stamp purposes, the definition of household is:

 

1)         An individual living alone;

 

2)         An individual living with others but customarily purchasing food and preparing meals for home consumption separate and apart from others;

 

3)         A group of individuals who live together and customarily purchase food and prepare meals together for home consumption;

 

4)         An individual and the individual's spouse, if present, who meets each of the following conditions:

 

A)        lives with others and is 60 years of age or older; and

 

B)        is unable to buy food and prepare meals because the individual suffers from either:

 

i)          a disability that is considered permanent under the Social Security Act as determined by a statement from the Social Security Administration or a physician licensed under the  Medical Practice Act of 1987 [225 ILCS 60] or a psychologist licensed under the  Clinical Psychologist Licensing Act [225 ILCS 15] or if the disability is obvious, by the observation of the caseworker, for example, permanent loss of use of both hands; or

 

ii)         a non-disease related severe, permanent disability.  A "non-disease related severe, permanent disability" is a disability that may or may not be listed in the preamble to Section 221(i) of the Social Security Act (42 U.S.C. 421(i)), but which prevents the individual from purchasing and preparing his own meals as observed by the caseworker, or verified by a statement from a physician licensed under the Medical Practice Act of 1987 [225 ILCS 60] or a psychologist licensed under the Clinical Psychologist Licensing Act [225 ILCS 15]; and

 

C)        the gross nonexempt income of the other individuals with whom the elderly disabled individual (and spouse) is living is not more than 165 percent of the poverty level.  For information on "nonexempt gross income", see Sections 121.30 through 121.34, 121.40, and 121.50 through 121.55.

 

b)         Separate household status shall not be granted to:

 

1)         A child (except a foster child) who is less than 18 years of age and is under the parental control of an adult household member other than a parent, unless the child purchases food and prepares meals separately and lives with his or her own child or children or spouse.

 

2)         A parent or parents and their child or children when the children are age 21 or under.

 

3)         A spouse of a member of the household.

 

4)         A boarder.  Adults and children in foster care are considered boarders and are not required to be considered household members.

 

(Source:  Amended at 21 Ill. Reg. 3156, effective February 28, 1997)

 

Section 121.71  Living Arrangement

 

All individuals receiving food stamps in the same case must reside together.

 

(Source:  Amended at 32 Ill. Reg. 4813, effective March 18, 2008)

 

Section 121.72  Nonhousehold Members

 

Any of the following persons who reside with a food stamp household shall not be considered household members, but such persons may, if otherwise eligible, participate in the program as separate households:

 

a)         Roomers – Individuals to whom a household furnishes lodging, but not meals, for compensation;

 

b)         Live-in-attendants – Individuals who reside with a household to provide medical, housekeeping, child care or other similar personal services;

 

c)         Students who fail to meet student eligibility requirements in Section 121.75; and

 

d)         Other – Individuals who share living quarters with the household but who do not customarily purchase food and prepare meals with the household (see Section 121.70(b) for exceptions).

 

(Source:  Amended at 18 Ill. Reg. 14103, effective August 26, 1994)

 

Section 121.73  Ineligible Household Members

 

The income of ineligible household members, not eligible to participate in SNAP, is used in determining eligibility and level of benefits for the remaining eligible household members.  The assets of ineligible household members not eligible to participate in SNAP are used in determining eligibility for the remaining eligible household members, if the household is not categorically eligible (see Section 121.76).  The following are ineligible household members:

 

a)         Individuals disqualified for intentional violation of the program,

 

b)         Individuals sanctioned due to failure to comply with the work provisions, and

 

c)         Individuals excluded:

 

1)         For refusal to meet the SSN requirements of Section 121.22; or

 

2)         As an ineligible alien.

 

(Source:  Amended at 34 Ill. Reg. 5295, effective April 12, 2010)

 

Section 121.74  Strikers

 

a)         1)         A striker is anyone directly involved in:

 

A)        a strike, or

 

B)        a work stoppage planned by employees, including a work stoppage because a contract expired, or

 

C)        a slowdown planned by employees, or

 

D)        other interruption of operations planned by employees.

 

2)         An individual who has been or is on strike at any time during a fiscal month is considered a striker for the fiscal month.

 

b)         A person not directly involved in a strike who cannot work due to the strike or who is afraid to cross the picket line because of threats of injury or vandalism is not a striker (e.g., a member of a non-striking union or a non-union member who cannot work due to a strike is not a striker.  However, a sympathy striker is a striker.).

 

c)         An employee affected by a lockout is not a striker.

 

d)         A household with a member on strike shall be ineligible to participate in SNAP except for the following situations:

 

1)         The striking individual is exempt from work registration requirements for reasons other than employment on the day before the strike began.  See Section 121.29 to determine if the individual is exempt, or

 

2)         If the striking individual is not exempt from work registration requirements, the household must be either participating or eligible to participate on the day before the strike began.

 

e)         Eligibility and level of benefits for a striker household are determined using the household's income as it was on the day before the strike began.  If eligible on the day before the strike, eligibility and level of benefits are determined by using the greater of the striker's pre-strike income or current income plus the non-striking household member's current income.

 

(Source:  Amended at 34 Ill. Reg. 5295, effective April 12, 2010)

 

Section 121.75  Students

 

a)         To participate in the program, students between 18 and 49 who are physically and mentally fit (i.e., do not have a permanent or temporary disability) and are enrolled at least half-time in an institution of higher education must meet one of the following requirements:

 

1)         employed at least 20 hours per week and paid for this employment or, if self-employed, employed at least 20 hours per week and earn at least 20 times the Federal Minimum Wage;

 

2)         approved to participate in a state or federally-funded work study program for the school term and the individual expects to work during that time;

 

3)         responsible for the care of a dependent household member under the age of six;

 

4)         responsible for the care of a dependent household member, who is at least age six but less than age 12, for whom child care is not available. Child care is considered available only when:

 

A)        the child is receiving child care services for 24 or more hours a week; or

 

B)        there is a household member age 18 or older, other than the student, who is available to provide the care (for example, is unemployed and living at home) and the member is not physically or mentally incapacitated;

 

5)         receiving Temporary Assistance for Needy Families (TANF);

 

6)         enrolled in a program under the Workforce Investment Act (WIA);

 

7)         enrolled as a result of the JOBS Program under Title IV of the Social Security Act or its successor;

 

8)         enrolled full-time in an institution of higher education and is a single parent or person providing parental control whose spouse is not in the home and is responsible for the care of a dependent child under age 12;

 

9)         enrolled in any education or training program (including college) required by the SNAP Employment and Training Program;

 

10)        participating in an on-the-job training program; or

 

11)        enrolled in an employment and training program operated by a state or local government, such as those offered by community colleges under a career and technical education program as defined by the Carl D. Perkins Career and Technical Education Act of 2006, or in courses of study for remedial education, basic adult education, literacy, or English as a second language.

 

12)        determined to be eligible to participate in a state or federal work-study program by the institution of higher education during the regular school year.

 

b)         Students must continue to meet the requirements in subsection (a) during the summer break.

 

c)         A student is enrolled in an institution of higher education if the student is enrolled in:

 

1)         a business, technical, trade or vocational school that normally requires a high school diploma or the equivalent for enrollment; or

 

2)         regular courses at a college or university that offers degree programs.

 

d)         A student is subject to the special student eligibility requirements beginning on the first day of the school term at the institution of higher education.  Student status continues through normal periods of class attendance, vacations and recesses until:

 

1)         the student graduates;

 

2)         the student is expelled or suspended;

 

3)         the student drops out of school;

 

4)         the student does not intend to register for the next term, excluding the summer school session (that is, the student status continues to the end of the term for which the student is presently enrolled and he or she does not plan to enroll for another term).

 

(Source:  Amended at 48 Ill. Reg. 3821, effective February 29, 2024)

 

Section 121.76  Categorically Eligible Households

 

a)         A categorically eligible household is:

 

1)         A household in which all members are authorized to receive TANF or SSI, including SSI cases in recoupment or suspension status.  These households are not subject to:

 

A)        asset limits (see Section 121.57); or

 

B)        gross or net income limits (see Section 121.60 and Section 121.61).

 

2)         A household that receives a TANF funded brochure, Guide to Services, that provides information and referrals to other services for which a household may qualify.  This brochure is provided at application and annually thereafter.  Through receipt of this TANF funded service, households with an elderly, blind, or disabled member, as defined in Section 121.61(a)(1)(A) through (L), whose total gross income is at or below 200% of the nonfarm income poverty guidelines and for all other households whose total gross income is at or below 165% are considered categorically eligible.  These categorically eligible households are not subject to:

 

A)        asset limits (see Section 121.57); or

 

B)        net income limits (see Section 121.60).

 

b)         Categorical eligibility does not apply to the following:

 

1)         a household in which a member is disqualified for an Intentional Program Violation or a sanction for failure to comply with work provisions; or

 

2)         any household in which a cash prize lottery or gambling winning of more than $4,250 (before taxes or other amounts are withheld) is won in a single game.

 

(Source:  Peremptory Amendment at 46 Ill. Reg. 17125, effective October 3, 2022)

 

Section 121.80  Fraud Disqualification (Renumbered)

 

(Source:  Renumbered to Section 121.151 at 8 Ill. Reg. 5673, effective April 18, 1984)

 

Section 121.81  Initiation of Administrative Fraud Hearing (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 5673, effective April 18, 1984)

 

Section 121.82  Definition of Fraud (Renumbered)

 

(Source:  Renumbered to Section 121.150 at 8 Ill. Reg. 5673, effective April 18, 1984)

 

Section 121.83  Notification To Applicant Households (Renumbered)

 

(Source:  Renumbered to Section 121.152 at 8 Ill. Reg. 5673, effective April 18, 1984)

 

Section 121.84  Disqualification Upon Finding of Fraud (Renumbered)

 

(Source:  Renumbered to Section 121.153 at 8 Ill. Reg. 5673, effective April 18, 1984)

 

Section 121.85  Court Imposed Disqualification (Renumbered)

 

(Source:   Renumbered to Section 121.154 at 8 Ill. Reg. 5673, effective April 18, 1984)

 

Section 121.90  Monthly Reporting and Retrospective Budgeting (Repealed)

 

(Source:  Repealed at 24 Ill. Reg. 10198, effective June 27, 2000)

 

Section 121.91  Monthly Reporting (Repealed)

 

(Source:  Repealed at 24 Ill. Reg. 10198, effective June 27, 2000)

 

Section 121.92   Budgeting

 

a)         All food stamp households shall have income and attendant circumstances budgeted on a prospective basis.

 

b)         The payment month is the fiscal month the food stamp benefits cover.

 

c)         The payment month for each food stamp case is determined by the schedule in which the household is placed. The schedule also governs the approximate availability date of the food stamp benefits.

 

SCHEDULE NUMBER	PAYMENT MONTH DATES
00	1st through last Day of Calendar Month
01	1st through last Day of Calendar Month
02	1st through last Day of Calendar Month
03	1st through last Day of Calendar Month
04	1st  through last  Day of Calendar Month
05	16th  through 15th  Day of next Calendar Month
06	16th  through 15th  Day of next Calendar Month
07	16th  through 15th  Day of next Calendar Month
08	16th  through 15th  Day of next Calendar Month
09	16th  through 15th  Day of next Calendar Month
22	1st through last Day of Calendar Month

 

(Source:  Amended at 27 Ill. Reg. 7273, effective April 07, 2003)

 

Section 121.93   Issuance of Food Stamp Benefits

 

Food stamp benefits shall be issued to the payee via an electronic benefits account established by the Department through Electronic Benefits Transfer (EBT).  The payee may access the benefits at any participating Point-of-Sale (POS) terminal unless an administrative remedy in Section 121.94(d) of this Part has been imposed.

 

(Source:  Amended at 25 Ill. Reg. 11856, effective August 31, 2001)

 

Section 121.94  Replacement of the EBT Card or SNAP Benefits

 

a)         Replacement of the EBT Card

 

1)         The EBT card (benefit access device) will be replaced if lost, stolen or damaged.

 

2)         The loss, theft or damage of the EBT card must be immediately reported to the EBT contractor.

 

3)         The client shall contact the Client Help Desk toll-free at (800)678-5465, by TTY at (877)765-3459 or via the internet at http://www.Link.Illinois.gov for replacement of the EBT card and selection of a Personal Identification Number (PIN).  A replacement card my be issued by the local office with administrative approval.

 

4)         Administrative remedies, as described in subsection (c) of this Section, may be imposed following the loss, theft or damage of the EBT card or the loss of SNAP benefits.

 

b)         For households receiving SNAP benefits via the EBT system, lost benefits resulting from the loss or theft of the EBT card and PIN will not be replaced due to the client's mismanagement or presumed fraud, collusion or cooperation in fraud.

 

c)         Administrative Remedies

The Department may employ any of the administrative remedies listed in this subsection (c) to deter multiple claims of benefit loss or multiple EBT card replacements, subject to notice to and appeal by the client.  Which remedy would be applied will be determined by such elements as the type of situation that gives rise to the need for the remedy and the effectiveness of previously utilized remedies.

 

1)         Charge for Replacement Card or Cards – The Department may assess a fee for replacement of the EBT card.  Such fees may increase for subsequent replacement cards.

 

2)         Telephone Approval – The Department may require the client to obtain time and amount-limited telephonic approval for use of the EBT card.  The client would be required to place a call to the EBT contractor and positively identify himself or herself.  The preauthorization would be time-limited and for a specific, preauthorized amount.  The client would be able to use the card for a period of two hours or for some other period designated by the Department.  The amount of the transaction could not exceed the preauthorized amount and must be accomplished electronically (manual authorization or voucher processing).  Key-entered transactions or exception processing may not be used.

 

3)         Transaction Withdrawals – To assist a client in managing his or her funds or to reduce the potential for fraud, the Department may limit the amount of benefits that may be withdrawn or used per transaction per day.  The amount would not exceed $50.00 and may be lowered, as determined by the Department to be necessary under the individual circumstances.

 

4)         Use of Specific POS Terminals – The Department may notify a client that it has restricted benefit access points available to the client.  The client may be restricted to accessing benefits at one or two locations, designated by the Department.  The merchant or retailer would have to obtain telephone authorization of the transaction.  Use of exception processing or key-entered transactions would not be allowed.  This determination can only be imposed for a period not to exceed 24 months and is designed to address situations of mismanagement, fraud, multiple replacement requests and intentional program violations.

 

5)         Use of Protective or Alternate Payee – Repeated loss of the EBT card and PIN is a basis for a determination of client mismanagement and authorization of a Protective Payment Plan (PPP).

 

d)         Other Remedies

The Department may use other remedies to reduce future claims and to address fraud, abuse, collusion or intentional program violations, as warranted by the individual case circumstances.  Those remedies may include, but shall not be limited to:

 

1)         disqualification;

 

2)         penalties, fines and/or imprisonment consistent with federal and State law and regulations; and

 

3)         referrals to federal law enforcement authorities, when appropriate.

 

(Source:  Amended at 33 Ill. Reg. 14121, effective September 22, 2009)

 

Section 121.95  Restoration of Lost Benefits

 

When a household has not received benefits to which it was entitled, such lost benefits shall be restored.  A household need not be currently eligible for benefits to be restored.  The amount restored is affected by the household's eligibility for the months in question, the allotment which should have been received and whether or not there is a claim for repayment which is unpaid or held in suspense.

 

Section 121.96  Uses for SNAP Benefits

 

a)         SNAP benefits shall be used to purchase eligible food from food retailers and/or wholesalers and for qualified individuals to use at approved restaurants participating in the Restaurant Meals Program authorized by the United States Department of Agriculture (USDA) to accept SNAP benefits.

 

b)         SNAP benefits may be used to purchase seeds and plants for use in gardens to produce food for personal consumption.

 

c)         SNAP benefits may not be used to:

 

1)         purchase alcoholic beverages and tobacco

 

2)         pay back grocery bills (incurred prior to receipt of SNAP benefits.)

 

3)         purchase hot foods or hot food products which can be eaten immediately and that are sold in retail food stores, except as indicated in section (e) below.

 

d)         Households that do not reside in permanent dwellings or have no fixed mailing address may use their SNAP benefits to purchase meals prepared for and served by USDA authorized public or private nonprofit establishments which feed such individuals and public or private nonprofit shelters which provide temporary residence (except that such establishments and shelters may only request voluntary use of SNAP benefits by such individuals and may not request such households to pay more than the average cost of the food contained in a meal served by the establishment or shelter.  "Average cost" refers to direct costs, through purchases of food used in preparation of meals.  For purposes of this rule, "average cost" shall be determined by averaging costs over a period of one calendar month.).

 

AGENCY NOTE:  In accordance with 7 CFR 272.9, the Department shall approve public and private nonprofit establishments and shelters serving the homeless if the establishment shelter serves meals to the homeless. The Food and Nutrition Service of USDA shall authorize as retail food stores, those establishments and shelters which apply and qualify for authorization to accept SNAP benefits from homeless recipients in accordance with 7 CFR 278.1 and 278.2.

 

e)         The Restaurant Meals Program (RMP) permits SNAP households who are homeless or whose members are all elderly (60 or older) and/or disabled and their spouses with the ability to use their Electronic Benefit Transfer (EBT) card to purchase prepared food at concession prices (prices for meals sold to SNAP customers that are below the regular menu price) from restaurants authorized by USDA Food and Nutrition Services (FNS) and contracted with the Illinois Department of Human Services (IDHS) to participate in the program.  The EBT system will electronically identify an eligible recipient at the point of sale.

 

(Source:  Amended at 46 Ill. Reg. 2131, effective January 21, 2022)

 

Section 121.97  Supplemental Payments

 

Individuals determined eligible for State Supplemental Payments (SSP) may be eligible for food stamps.

 

Section 121.98  Client Training Brochure for the Electronic Benefits Transfer (EBT) System

 

a)         A Client Training Brochure will be provided to all cash and food stamp applicants.

 

b)         Clients will be provided instructions including, but not limited, to:

 

1)         the appropriate use and security of the EBT card and PIN;

 

2)         client liabilities for benefit loss;

 

3)         information on transaction limitations and charges;

 

4)         client responsibility for reporting loss or theft of the EBT card and to whom and how such reports should be made;

 

5)         information on the services available from the Client Help Desk;

 

6)         proper care and protection of the EBT card;

 

7)         replacement card policy; and

 

8)         how to report problems with the EBT card or EBT system equipment.

 

(Source:  Amended at 32 Ill. Reg. 9621, effective June 23, 2008)

 

Section 121.105  State Food Program (Repealed)

 

(Source:  Repealed at 23 Ill. Reg. 3374, effective March 1, 1999)

 

Section 121.107  New State Food Program

 

Persons who are a foreign-born victim of trafficking, torture, or other serious crimes, as defined in Art. XVI of the Illinois Public Aid Code, and his or her derivative family members, as defined in 8 USC 1101(a)(15)(T) and (a)(15)(U), who are ineligible for the federal Supplemental Nutrition Assistance Program (SNAP) solely on the basis that they do not meet citizenship requirements (see Section 121.20) may qualify for the New State Food Program.

 

a)         The Department will determine that an applicant for the State Food Program is eligible for benefits if the applicant meets the income guidelines (see Sections 121.60 and 121.61) and is otherwise eligible. The monthly benefit amount is determined by using the maximum benefit amount for the household size minus the monthly benefit amount received by the eligible persons using the regular SNAP calculation.

 

b)         Persons who are a foreign-born victim of trafficking, torture, or other serious crimes and his or her derivative family members are eligible for the New State Food Program if he or she:

 

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 a formal application with the appropriate federal agency for status pursuant to 8 USC 1101(a)(15)(U); or

 

3)         has filed or is preparing to file a formal application with the appropriate federal agency for status under 8 USC 1158.

 

c)         These persons are subject to the same work requirements and work requirement exemptions as other recipients of federal SNAP benefits. A person shall be exempted from any work requirements if physical or psychological trauma related to or arising from the trafficking, torture, or other serious crimes impedes his or her ability to comply.

 

d)         Benefits shall be terminated if there is a final denial of that person's visa or asylum application under 8 USC 1101(a)(15)(T), 1101(a)(15)(U) or 1158.

 

e)         A person shall be ineligible for continued State-funded food benefits if that individual 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 food benefits under this program, unless the Department determines, during the year of initial eligibility, that the person:

 

            1)         experienced a health crisis;

 

2)         has been unable, after reasonable attempts, to obtain necessary information from a third party; or

 

3)         has other extenuating circumstances that prevented the person from completing his or her application for status.

 

            (Source:  Amended at 42 Ill. Reg. 8295, effective May 4, 2018)

 

Section 121.108  Transitional Food Stamp (TFS) Benefits

 

a)         For households receiving TANF and food stamps, Transitional Food Stamp (TFS) benefits shall be provided to TANF households whose TANF assistance is being terminated.

 

b)         Households that lose TANF assistance for one of the following reasons will not be eligible for TFS benefits:

 

            1)         noncompliance with TANF requirements;

 

            2)         moving out of State; or

 

            3)         inability to locate.

 

c)         Households are eligible to receive TFS benefits for 5 months beginning with the month of TANF termination.

 

d)         The TFS monthly benefit amount will be calculated based on the food stamp allotment the TANF household received the month before TANF assistance ended, minus the amount of unearned income from the terminated TANF grant and adjusted for any household members who have left the home.

 

e)         The amount of TFS benefits will stay the same for the 5-month TFS period unless during the 5-month TFS period a member leaves the household or the household reapplies and is approved for TANF.

 

f)         Other changes reported by the household or changes known to the Department during the 5-month TFS period will not affect the amount of TFS benefits.  A household will not be required to report changes during the TFS period.

 

g)         Households who believe they are eligible for more food stamp benefits have the option to reapply and have their eligibility determined under regular food stamp program rules (see 89 Ill. Adm. Code 121).

 

h)         A household may reapply at any time during the 5-month TFS period.  If a household reapplies during the TFS period:

 

            1)         an interview will be scheduled; and

 

2)         a notice will be given to the household to provide required verifications within 10 days.

 

i)          The application for recertification will be denied and TFS benefits will continue until the end of the TFS period if the household:

 

            1)         fails to complete the interview process;

 

2)         fails to submit required verifications within the 10-day timeframe (see subsection (h)(2) of this Section);

 

3)         is determined to be ineligible for the program; or

 

4)         is determined eligible for the regular food stamp program (see 89 Ill. Adm. Code 121), but is entitled to benefits lower than the TFS benefit amount.

 

j)          If a household is determined eligible for the regular food stamp program (see 89 Ill. Adm. Code 121), its new certification period will begin the month following the month in which the household submitted the application for recertification.

 

k)         A notice will be sent to the household when the TANF termination is processed to inform the household:

 

            1)         of the TFS period;

 

            2)         of the amount of TFS benefits;

 

3)         that changes will not have to be reported or verified during the TFS period;

 

4)         that, if the household has a change in circumstances that may result in an increase in benefits, such as a decrease in income or an increase in expenses or household size, the household may reapply under regular food stamp program rules (see 89 Ill. Adm. Code 121);

 

5)         that, if a member leaves the household, TFS benefits will be adjusted;

 

6)         that, if the household reapplies and is approved for TANF, TFS benefits will be terminated and a recertification will be required;

 

7)         that, if the household chooses not to reapply and the reported changes result in a decrease in food stamp benefits, no action will be taken to decrease benefits until the TFS period has ended.

 

l)          Prior to the end of the TFS period, a notice will be sent to the household informing them to reapply.  If the household fails to reapply, their food stamp benefits will be discontinued at the end of the TFS period.

 

(Source:  Added at 29 Ill. Reg. 2701, effective February 4, 2005)

 

Section 121.117 Farmers' Market Technology Improvement Program

 

a)         A Farmers' Market is a nontraditional fresh food market where farmers or growers sell a variety of fresh fruits and vegetables and other locally-grown farm products directly to consumers.

 

b)         The Farmers' Market Technology Improvement Program is designed to increase access to fresh fruits and vegetables and other Supplemental Nutrition Assistance Program (SNAP) eligible food products by allowing Illinois Link (EBT) program recipients to use SNAP or cash program benefits at farmer's markets.

 

c)         As funds for the program become available, the Illinois Department of Human Services (DHS) together with the Illinois Department of Agriculture (DOA) will allow Farmers' Markets to apply for grants.  To qualify for this program, a Farmers' Market must be licensed by the United States Department of Agriculture's Food and Nutrition Service to accept SNAP benefits and must be operating in Illinois.  Grant funds must be used for one or more of the following purposes:

 

1)         Purchase or rental of wireless point of sale terminals capable of processing SNAP benefits disbursed through the Illinois LINK (EBT) program;

 

2)         Monthly or transaction fees associated with Illinois Link card transactions; and

 

3)         Outreach to Illinois Link program participants.

 

d)         Funds may not be used for fees related to credit or debit transactions.

 

e)         When funds are available, information and due dates for application may be found on the DHS website at www.dhs.state.il.us or the DOA website at www.agr.state.il.us.

 

(Source:  Added at 35 Ill. Reg. 19778, effective December 5, 2011)

 

Section 121.120  Redetermination of Eligibility

 

a)         Redetermination involves the completion of an application, an interview, a review of eligibility and cooperation in the verification of eligibility.  For simplified reporting households, see Section 121.125.  The local office shall provide the household with an opportunity to participate in its normal issuance cycle.

 

b)         In order to receive uninterrupted benefits, the household must:

 

1)         file a timely application;

 

A)        households certified for more than two months must file an application by the 15^th calendar day of the last month of the certification period.

 

B)        households certified for one or two months must file an application within 17 calendar days from the date of Notice of Eligibility/Expiration of Certification.

 

2)         appear for the interview that is scheduled after the application is timely filed; and

 

3)         provide all requested verifications within 10 calendar days after the date the verification was requested.

 

c)         The household is responsible for requesting another interview if it fails to appear for the interview that was scheduled after the application was filed.

 

d)         The redetermination application of a SNAP unit who fails to appear for a scheduled interview or provide requested verifications within 10 calendar days is denied.

 

1)         If a SNAP unit cooperates before the end of the current approval period, the application is reopened and a full month's benefit is given for the first month of the new period.

 

2)         If the SNAP unit cooperates after the end of the current approval period but within 30 days after the end of the period, the application is reopened and benefits are prorated from the date of cooperation.

 

e)         Amount of SNAP Benefits

 

1)         Except as provided in subsection (d)(2), households that file the application after the last day of the previous certification period, shall have benefits prorated from the date that the application was filed.  Households that are certified for one or two months will not have benefits prorated if the application is filed within the 17 calendar days beginning on the date on the Notice of Eligibility/Expiration of Certification.

 

2)         Migrant and seasonal farmworker households shall receive a full allotment for the month of application if the household participated in SNAP within 30 days prior to the date of application.

 

f)         If a redetermination application is pending and uninterrupted benefits cannot be provided due to the ten day verification standard, then the local office must provide benefits within five working days after the date the household provides the verification.

 

(Source:  Amended at 39 Ill. Reg. 15577, effective December 1, 2015)

 

Section 121.125  Simplified Reporting

 

a)         SNAP households in simplified reporting are redetermined every 12 months.

 

b)         The following households are not included in simplified reporting:

 

1)         households containing all adults as qualifying members with no earned income (see 89 Ill. Adm. Code 113);

 

2)         TANF/SNAP households with no earned income;

 

3)         households approved for one or two months due to a likelihood of frequent or major changes in unearned income or circumstances; and

 

4)         households with a member subject to the SNAP work requirement (this only applies in areas where the person has to meet work requirement; see Section 121.18).

 

c)         Benefits are calculated prospectively using income averaging to determine the amount of income to budget.

 

d)         The household must report when gross income exceeds the household's gross income limit (130% of the Federal Poverty Level).

 

e)         In the 5^th month of the approval period, the client will be sent an interim report form.  Clients are required to complete, sign and return the interim report by the due date on the form.

 

f)         All reported changes will be acted upon.  Changes reported on the interim report will be effective the month following the month the report is due.  For changes reported other than at redetermination or interim report, if the change results in an increase in benefits, benefits are increased for the fiscal month following the fiscal month of report.  If benefits decrease as a result of the reported change, benefits are decreased for the first month that can be affected following the end of the 10-day timely notice period.

 

g)         For other redetermination rules, see Section 121.120.

 

(Source:  Amended at 39 Ill. Reg. 15577, effective December 1, 2015)

 

Section 121.130  Residents of Shelters for Battered Women and their Children

 

a)         Residents (i.e., battered women and their children) of public or private non-profit residential facilities serving battered women and/or battered women and their children are eligible for SNAP benefits if they meet the eligibility requirements of this Part and 7 CFR 273 (1987).  Residents of facilities which have a portion of the facility set aside on a long-term basis to serve only battered women and their children are also eligible for SNAP benefits if they meet the eligibility requirements of this Part and 7 CFR 273 (1987).

 

b)         Residents must meet all eligibility requirements of this Part and 7 CFR 273 (1987) with the following special considerations:

 

1)         The battered woman and her children are considered an individual household in determining eligibility and the amount of SNAP benefits (7 CFR 273.1(e)(4) (1987)).

 

2)         If the resident is receiving SNAP benefits as a member of the household containing the person who subjected the resident to the abuse, the resident is certified as a separate household and will be authorized an additional allotment (see Section 121.64) if he/she meets all other eligibility requirements of this Part; however, the allotment will not be authorized more than once in a fiscal month.

 

3)         Assets held jointly by the resident and members of the former household are exempt if the assets are not accessible to the resident without the consent of the joint owner. Assets are totally exempt if the household is categorically eligible (see Section 121.76).

 

4)         Upon certification of the resident as a separate household, the Department shall adjust the level of benefits provided to the former household to reflect the change in household composition.

 

(Source:  Amended at 34 Ill. Reg. 5295, effective April 12, 2010)

 

Section 121.131  Fleeing Felons and Probation/Parole Violators

 

Individuals are ineligible to receive food stamp benefits if they are:

 

a)         fleeing the law to avoid prosecution, custody or confinement after conviction for a crime or attempting to commit a crime that is a felony under the law from the place from which the person is fleeing; or

 

b)         violating a condition of probation or parole imposed under a federal or State law.

 

(Source:  Added at 21 Ill. Reg. 3156, effective February 28, 1997)

 

Section 121.135  Incorporation By Reference

 

Any rules or regulations of an agency of the United States or of a nationally recognized organization or association that are incorporated by reference in this Part are incorporated as of the date specified, and do not include any later amendments or editions.

 

(Source:  Added at 13 Ill. Reg. 3890, effective March 10, 1989)

 

Section 121.136  Food and Nutrition Act of 2008

 

Any and all references in this Part to the federal Food Stamp Act and the federal Food Stamp Program shall, as of October 1, 2008, be considered references to the Food and Nutrition Act of 2008 (as amended through P.L. 110-246, effective October 1, 2008) and the Supplemental Nutrition Assistance Program, respectively.

 

(Source:  Added at 33 Ill. Reg. 16875, effective November 30, 2009)

 

Section 121.140  Small Group Living Arrangement Facilities and Drug/Alcoholic Treatment Centers

 

a)         Small Group Living Arrangement Facilities

 

1)         Blind or disabled recipients of benefits under Title II (42 USC 402 et seq.) or Title XVI (42 USC 1381 et seq.) of the Social Security Act residing in a public or private non-profit group living arrangement facility that services no more than 16 residents may voluntarily apply for SNAP benefits.  Residents of a group living arrangement facility shall either apply for SNAP benefits and be certified through the use of an authorized representative designated by the facility or apply for SNAP benefits on their own behalf.  If the resident applies for SNAP benefits through an authorized representative designated by the facility (see Section 121.1), and if determined eligible for SNAP benefits, the resident will be certified as a one-person household. If the resident applies for SNAP benefits on his/her own behalf, the household size is determined in accordance with Section 121.70.

 

2)         Disabled or blind residents of a public or private non-profit group living arrangement facility must meet all other eligibility requirements of this Part and 7 CFR 273 (1987).

 

b)         Drug Addict/Alcoholic Treatment Centers

 

1)         Residents of publicly operated or private non-profit drug addict/alcoholic treatments centers authorized by USDA pursuant to 7 CFR 278.1 and 278.2(g) (1987) to accept SNAP benefits may voluntarily apply for SNAP benefits.  Residents of a drug addict/alcoholic treatment center shall apply for SNAP benefits and, if determined eligible, be certified as a one-person household through the use of an authorized representative designated by the facility (see Section 121.1). The treatment center shall receive and spend the benefit amount for food prepared by and/or served to the addict or alcoholic.

 

2)         Residents of publicly operated or private non-profit drug addict/alcoholic treatment centers must meet all other eligibility requirements of this Part and 7 CFR 273.

 

c)         Small group living arrangements facilities and drug addict/alcoholic treatment centers have the following responsibilities:

 

1)         Provide the Department with a list of currently participating residents, signed by the facility director attesting to the validity of the list.

 

2)         The facility/treatment center is responsible for any misrepresentation or fraud the facility/treatment center knowingly commits (see Section 121.150) in the certification of facility/treatment center residents.  The facility/treatment center must be knowledgeable about a household's circumstances (e.g., income and assets) and should carefully review those circumstances with the resident prior to applying for SNAP benefits on behalf of a particular resident.  The facility/treatment center is strictly liable for all losses or misuse of SNAP benefits held on behalf of resident households and for all overissuances that occur while households are residents of the facility/treatment center.

 

3)         The facility/treatment center must immediately (when the change occurs) notify the local Family Community Resource Center of changes in the resident's circumstances that may affect the resident's eligibility for SNAP benefits, including but not limited to changes in residence, income and assets.

 

4)         When the resident leaves the facility/treatment center, he/she must receive his/her full SNAP benefits if already issued and if no benefits have been spent on behalf of that individual.  These procedures apply at any time during the month.  However, if any portion of the SNAP benefits have been spent on behalf of the resident and he/she leaves the facility/treatment center prior to the 16^th day of the month, the facility/treatment center must provide the individual with one half of his/her SNAP allotment.  In either case, the facility shall retain a receipt as proof of issuance.  If the resident leaves on or after the 16^th day of the month and the benefits have already been issued and used, he/she will not receive any benefits.

           

(Source:  Amended at 34 Ill. Reg. 7265, effective May 10, 2010)

 

Section 121.145  Quarterly Reporting (Repealed)

 

(Source:  Repealed at 28 Ill. Reg. 1104, effective December 31, 2003)

 

Section 121.150  Definition of Intentional Violation of the Program

 

Intentional violation of SNAP occurs when an individual intentionally:

 

a)         Makes a false or misleading statement.

 

b)         Misrepresents, conceals or withholds facts, or commits any act that constitutes a violation of the Food and Nutrition Act of 2008, SNAP regulations, or any State statute regarding the use, presentation, transfer, acquisition, receipt, or possession of SNAP benefits.

 

(Source:  Amended at 33 Ill. Reg. 14121, effective September 22, 2009)

 

Section 121.151  Penalties for Intentional Program Violations (IPV)

 

This Section implements the intentional program violations penalties under 7 CFR 273.16.

 

a)         Individuals found to have intentionally violated the Supplemental Nutrition Assistance Program (SNAP), as set forth in Section 121.153(a), shall be disqualified from participation in the program:

 

1)         For a period of 12 months for the first violation;

 

2)         For a period of 24 months for the second violation; and

 

3)         Permanently for the third violation.

 

b)         An individual is permanently disqualified if the individual is convicted of trafficking SNAP benefits of $500 or more.

 

c)         An individual convicted of using or receiving SNAP benefits in a transaction involving the sale of a controlled substance shall be disqualified:

 

1)         For a period of 24 months for the first violation; and

 

2)         Permanently for the second violation.

 

d)         An individual is permanently disqualified if convicted of using or receiving SNAP benefits in a transaction involving the sale of firearms, ammunition, or explosives.

 

e)         Except as provided under subsection (a)(3), an individual found to have made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to simultaneously receive multiple SNAP benefits shall be disqualified from participation in the program for a period of 10 years.

 

f)         If the individual is currently participating in SNAP, disqualification begins no later than the second fiscal month (defined at 89 Ill. Adm. Code 101.20) which follows the date the individual receives written notice of the disqualification.  Once the period of disqualification is imposed, it continues regardless of the eligibility of the disqualified member's household.

 

g)         If the individual is not participating in SNAP, the disqualification begins the month which follows the date that the individual receives written notice of the disqualification.

 

(Source:  Amended at 49 Ill. Reg. 180, effective December 19, 2024)

 

Section 121.152  Notification To Applicant Households

 

The household is to be informed in writing of the disqualification penalties for intentionally violating the Supplemental Nutrition Assistance Program each time it applies for program benefits (See 7 CFR 273.16, 89 Ill. Adm. Code 14.310 for information regarding notice of hearing and notice of waiver; and 89 Ill. Adm. Code 14.370 for information regarding notice of disqualification based on a hearing decision).

 

(Source:  Amended at 49 Ill. Reg. 180, effective December 19, 2024)

 

Section 121.153  Disqualification Upon Finding of Intentional Program Violation

 

a)         Individuals found to have intentionally violated the program by any one of the following methods shall be disqualified from participation in the Supplemental Nutrition Assistance Program:

 

1)         Decision by an administrative disqualification hearing,

 

2)         Decision by a court of appropriate jurisdiction,

 

3)         Signing of a waiver of a right to an administrative disqualification hearing, or a disqualification consent agreement in cases reported for prosecution.

 

b)         Upon a finding of intentional program violation, the individual is notified of the decision of disqualification.  A claim for repayment of any overissuance is initiated by the Department against the disqualified individual's former household.  Regardless of the status of the household member at the time of the decision, the household is responsible for repayment of any overissuance.

 

(Source:  Amended at 49 Ill. Reg. 180, effective December 19, 2024)

 

Section 121.154  Court-Imposed Disqualification

 

a)         Individuals found guilty by a court of intentional program violation are disqualified for the length of time specified by the court.  If the court fails to impose a specific period of disqualification, the individual is disqualified for the time period specified in Section 121.151.

 

b)         The Department must notify the individual in writing within 45 calendar days of the court's decision that the individual is to be disqualified.  The disqualification period shall begin no later than the second fiscal month which follows the date the individual receives written notice of the disqualification.  The disqualification period must continue uninterrupted until completed regardless of the eligibility of the disqualified individual's household.

 

c)         In cases where the determination of intentional program violation is reversed by a court of appropriate jurisdiction, the local office will reinstate the individual in the program if the household is currently participating.  Benefits lost as a result of the disqualification shall be restored.

 

(Source:  Amended at 49 Ill. Reg. 180, effective December 19, 2024)

 

Section 121.155  Reporting Suspected Fraud or Abuse

 

a)         Any suspected fraud or abuse related to the Supplemental Nutrition Assistance Program (SNAP) must be reported to the Illinois Department of Human Services (DHS) Division of Family and Community Services (FCS) SNAP Fraud Unit:

 

1)         in person or by U.S. Mail to the SNAP Fraud Unit, 600 E Ash, Bldg. 500, 5^th floor, Springfield, IL  62703; 

 

2)         or by:

 

A)        toll free telephone at 1-800-843-6154, 1-866-324-5553 TTY/Nextalk, or 711 TTY Relay;

 

B)        e-mail at DHS.SNAPFraud@illinois.gov;

 

C)        online at https:www.dhs.state.il.us/page.aspx?item=146937; or

 

D)        in person or by U.S. Mail to a family community resource center. See Office Locator at https://www.dhs.state.il.us/page.aspx?module=12.

 

b)         Reports

 

1)         Reports of suspected fraud or abuse, as explained in subsection (a), by providers, contractors, State or other governmental employees, recipients of services, or any other person will be accepted.

 

2)         Reports may be made anonymously.

 

3)         All reports, other than anonymous reports, will be acknowledged, either in writing, by telephone, by e-mail, or in person, within 120 calendar days after receipt of the report.

 

c)         Evaluations

 

1)         All reports of suspected fraud or abuse will be evaluated within 120 calendar days after receipt of the report to determine what, if any, follow-up action is appropriate.

 

2)         Factors considered during the evaluation of any report include, but are not limited to:

 

A)        source of the allegation;

 

B)        quality of the evidence of wrongdoing;

 

C)        potential loss to the program; and

 

D)        availability of investigative and other resources necessary for successful follow-up on the report.

 

3)         Follow-up actions include, but are not limited to, the following measures:

 

A)        When the evaluation identifies possible criminal or civil fraud violations of SNAP by a recipient of services or other private individual, the SNAP Fraud Unit will initiate an investigation.  Should the investigation establish evidence of a criminal or civil fraud violation, the case will be reported to the appropriate authorities, including but not limited to, the United States Attorney, the Office of Attorney General, the appropriate State's Attorney, the Illinois State Police, or local law enforcement for prosecutorial consideration.

 

B)        When the evaluation identifies possible administrative violation, the SNAP Fraud Unit will initiate a review to determine the appropriate administrative action.  Administrative actions include, but are not limited to:

 

i)          benefit analysis;

 

ii)         audit;

 

iii)        eligibility review; and

 

iv)        administrative disqualification process.

 

(Source:  Added at 49 Ill. Reg. 180, effective December 19, 2024)

 

Section 121.156  SNAP Fraud Unit (SFU)

 

a)         In accordance with 305 ILCS 5/8A-9 and 305 ILCS 5/12-4.9, the SNAP Fraud Unit (SFU) will conduct investigations in connection with the administration of SNAP benefits. In compliance with federal regulations at 7 CFR 273.16, any suspected fraud or abuse related to SNAP will be reported to the DHS Division of Family and Community Services (FCS) SFU. The SFU shall be responsible for detecting, investigating, and assisting in the prosecution of program fraud. See Sections 121.150, 121.153, and 121.154 for a description of the intentional program violations (IPV).

 

b)         In order to detect, investigate, and assist in the prosecution of program fraud (See 7 CFR 272.4(g)), the SFU shall perform functions, including but not limited to, the following:

 

1)         Investigate any allegation of fraud or intentional program violation committed by program recipients, DHS employees, or others, and ensure that appropriate actions are taken, including but not limited to, the administrative disqualification process, report to the United States Attorney, the Office of Attorney General, the appropriate State's Attorney, the Illinois State Police, or local law enforcement for prosecutorial consideration, or the signing of a waiver to an administrative disqualification hearing in accordance with 7 CFR 273.16 and Section 121.153.

 

2)         Report claims to the Bureau of Collections (BOC) for establishment of an inadvertent household error claim against the SNAP household when the SFU does not initiate administrative disqualification procedures.

 

3)         Report for prosecution cases involving an overissuance caused by a suspected IPV.

 

4)         Conduct investigations in a manner that ensures the preservation of evidence for prosecutorial consideration under federal, State, or local statutes.

 

5)         Issue subpoenas.

 

A)        The SFU Administrator or the SFU staff member designated in writing to so act by the SFU Administrator, may compel, by subpoena, the attendance and testimony of witnesses and the production of books, electronic records, and papers directly related to SNAP. No individuals will be compelled to attend an investigation interview or hearing outside of the individual's county of residence. [305 ILCS 5/12-4.9]

 

B)        Any subpoena may be served in the same manner as a subpoena issued out of the circuit courts of the State of Illinois in accordance with Illinois Supreme Court Rules 12 and 204.

 

C)        If a witness refuses to attend or testify, or to produce books or papers, concerning any matter upon which they might be lawfully examined, the Department may request the circuit court of the county wherein the investigation is held, or a duly or authorized officer or employee thereof, as the case may be, to compel obedience by an attachment for contempt or otherwise in the same manner as the production of evidence may be compelled before the court.

 

6)         Upon request, assist federal and State officials in the investigation of SNAP fraud committed by other individuals or entities.

 

7)         Initiate administrative disqualification procedures or report a case for prosecution regardless of the current eligibility of the individual.

 

8)         Enter into agreements with federal and State agencies, including but not limited to, the Illinois Secretary of State, the Department of Revenue, the Department of Public Health, the Department of Financial and Professional Regulation, and the Department of Healthcare and Family Services, to share data necessary for SNAP recipient and vendor payment eligibility verification.

 

c)         Nothing in this Section shall limit investigations by the Department of Healthcare and Family Services and DHS that may otherwise be required by law or that may be necessary to administer State programs. 

 

(Source:  Added at 49 Ill. Reg. 180, effective December 19, 2024)

 

Section 121.160  Participation in Voluntary SNAP Employment and Training (SNAP E&T)

 

a)         The Illinois Department of Human Services (DHS) shall operate a voluntary Supplemental Nutrition Assistance Program Employment and Training Program (SNAP E&T) for all SNAP recipients residing in counties where there are outside entities that can provide services to assist participants in gaining work and training skills leading to employment.

 

b)         All individuals receiving SNAP benefits may volunteer to participate in SNAP E&T to the extent resources are available.

 

c)         Participants must be receiving SNAP benefits for every month that they receive SNAP E&T services.

 

d)         At the time of the initial application or redetermination for benefits, or at the first face-to-face contact, all SNAP applicants and recipients will be informed of the voluntary SNAP E&T program. 

 

e)         The Department will provide information on the SNAP E&T program and will assist individuals in determining the most appropriate contracted provider, community-based organization, or community college/university of their choice for services.  Providers can be non-profit or for-profit, except as specified in Section 121.165 (Community Workfare).

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.162  Program Requirements

 

a)         Local office staff are to advise all individuals applying for or receiving SNAP about the SNAP E&T voluntatry program at initial application, at redetermination, or with each contact with the individual.  The local office shall explain the voluntary program and provide the individual with information about the SNAP E&T program.  At the individual's request, a referral will be made to a contracted provider, community-based organization, or community college/university of the individual's choice that offers services to assist the individual in getting work and training skills that will lead to employment.

 

b)         Any individual who volunteers shall work with the DHS Family Community Resource Center or provider to complete an assessment and an Employability Plan to determine that individual's needs. The Center will make the appropriate referrals.

 

c)         If offered through the contracted provider, community-based organization, or community college/university, individuals in the voluntary SNAP E&T program may take part in one or more of the following activities:

 

1)         Basic Education;

 

2)         Vocational Training;

 

3)         Job Readiness;

 

4)         Supervised Job Search;

 

5)         Work Experience;

 

6)         Earnfare; and/or

 

7)         Community Workfare.

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.163  Vocational Training

 

Individuals who will benefit from short-term training to obtain unsubsidized employment may participate in a Vocational Training activity.  This activity offers special time-limited services for an individual who:

 

a)         can benefit from short-term vocational training (e.g., an individual with the interest and ability to complete the training program and be hired in a position for which the individual has trained); or

 

b)         is readily employable with the addition of short-term training (i.e., a training program for specific job openings that are available).

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.164  Orientation (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)

 

Section 121.165  Community Workfare

 

Community Workfare includes unpaid work an individual performs at a public or not-for-profit organization, such as a school, church, or government agency.  Individuals may choose and arrange their own placement with a public or not-for-profit organization at a previously established site. Community Workfare provides the individual with employment skills and references that can help him or her get a job.

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.166  Assessment and Employability Plan (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)

 

Section 121.167  Counseling/Prevention Services (Repealed)

 

(Source:  Repealed at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.170  Supervised Job Search Activity

 

Individuals may participate in a Supervised Job Search if offered as an activity.  The individual will make contact with employers in order to secure employment in a manner that is compatible with the rules for a Supervised Job Search as outlined by FNS.

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.172  Basic Education Activity

 

a)         In the Basic Education activity, individuals may be referred to testing, counseling, and education resources, rehabilitation therapy, and agencies or programs that sponsor these activities.  Supportive services provided to individuals to increase their employment potential and to remove significant barriers to employment will be administered by SNAP E&T staff or the contracted provider, community-based organization, or community college/university. 

 

b)         Eligibility Criteria.  Approval of an education and training plan is based upon the Department's assessment of the following factors:

 

1)         The program selected will lead to unsubsidized employment, taking into consideration the time required to complete, and the over-all cost and quality of the program;

 

2)         An individual has the aptitude, ability and interest necessary for success in the particular education or training program (as determined by such factors as test results, educational background and previous training);

 

3)         The program must be administered by an educational institution meeting the standards issued by the Illinois State Board of Education or the Department of Financial and Professional Regulation or funded by the Workforce Innovation Opportunity Act (WIOA) (29 USC 2801 et seq.);

 

4)         An individual must apply for the Pell grant and scholarships from the Illinois Student Assistance Commission, as well as any scholarships or grants identified by the education or training facility for which an individual may be eligible.

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.174  Job Readiness Activity

 

An individual who has not found employment and who needs to learn the necessary essentials to obtain and maintain employment may be referred to the Job Readiness activity.  The Job Readiness activity helps an individual gain the necessary job-finding skills to help find and retain employment.  Job Readiness activities may be combined with other component activities, if determined appropriate.

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.176  Work Experience Activity

 

a)         An individual participates in work experience to obtain work skills or to maintain or to enhance existing skills. This is to provide the individual with a meaningful experience in the world of work.  The Work Experience Sponsor shall not use Work Experience participants to displace regular employees.

 

b)         Entry into the Work Experience Activity.

 

1)         An individual who is determined eligible for the Work Experience activity, based on an assessment of education, training and employment history, may participate in the Work Experience activity.

 

2)         Individuals will be selected for the appropriate Work Experience assignment taking into consideration such factors as an individual's work history, training, proficiency, experience, skills, and vocational preference, and the needs of the employer.

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.177  Illinois Works Component (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)

 

Section 121.178  Job Training Component (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)

 

Section 121.179  JTPA Employability Services Component (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)

 

Section 121.180  Grant Diversion Component (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 5502, effective March 4, 1998)

 

Section 121.182  Earnfare Activity

 

a)         Assignment to the Earnfare activity is limited to adults who receive SNAP and who volunteer or are court-ordered to participate.

 

b)         Eligibility Criteria

 

1)         Eligibility for the Earnfare activity shall be limited to six months out of the fixed 12-month period July through June. Court-ordered participants shall participate for six months unless the court orders participation for less than six months out of the 12-month period.

 

2)         Individuals are not entitled to be placed in an Earnfare slot. Earnfare slots shall be made available only as resources permit.

 

3)         To the extent resources permit, the Earnfare program will allow individuals to work for monthly payments and to improve their employability to succeed in obtaining unsubsidized employment.

 

c)         Administration and Contracts

DHS may enter into contracts with other public agencies, including State agencies, local governmental units, and not-for-profit community-based organizations, to help develop Earnfare opportunities and otherwise administer the program.

 

d)         Notification and Referrals

 

1)         The Illinois Department, comprehensive providers and participating units shall make referrals to the Earnfare program as follows:

 

A)        Any individual receiving SNAP benefits may be referred or may request a referral.

 

B)        Individuals not receiving SNAP benefits who are non-custodial parents of TANF children may be ordered by a court of competent jurisdiction to participate in the Earnfare Component.

 

C)        Within 30 days after a request for an Earnfare referral:

 

i)          individuals who do not qualify for the Earnfare program shall be given or sent a notice informing them that they do not qualify and will not receive a referral;

 

ii)         individuals who request a referral and who qualify for the Earnfare program shall be provided with a written document that acknowledges the request and informs the individual that he/she is qualified.

 

2)         When possible, within 30 days after notice of eligibility, individuals shall be assessed and referred to appropriate Earnfare slots, if slots are available.

 

e)         For the purposes of Earnfare, a "suitable" Earnfare slot must meet the following requirements:

 

1)         there are no questions as to the individual's ability to engage in such employment for medical reasons or because the individual has no way to get to or from the particular job;

 

2)         there are no questions of working conditions, such as risks to health or safety;

 

3)         the individual may not be required, as a condition of employment, to join, resign from, or refrain from joining any legitimate labor organization;

 

4)         there is no unreasonable degree of risk to the individual's health and safety; and

 

5)         the individual is physically and mentally competent to perform the work.

 

f)         Individuals participating in Earnfare shall not displace or substitute for regular, full-time or part-time employees, regardless of whether the employee is currently working, on a leave of absence, or in a position or similar position where a layoff has taken place or the employer has terminated the employment of any regular employee or otherwise reduced its work force with the effect of filling the vacancy so created with an individual subsidized under this program, or is or has been involved in a labor dispute between a labor organization and the sponsor.

 

g)         Earnfare Activity Requirements

 

1)         To the extent appropriate slots are available, individuals will be referred to suitable Earnfare activities based on an assessment of the individual's age, literacy, education, educational achievement, job training, work experience, and recent institutionalization, whenever these factors are known and are relevant to the individual's success in carrying out the assigned activities and in ultimately obtaining employment.  The Department, not-for-profit, community-based organization, or the participating local governmental unit shall discuss with the individual available Earnfare assignments, together with any restrictions and qualifications the Earnfare employers have specified for the assignments.  The individual's personal preferences for available Earnfare assignments and the individual's employment goals shall be ascertained and considered in making the Earnfare referral.

 

2)         The Department, comprehensive providers and local governmental units shall maintain up-to-date public listings by area of Earnfare employers and current information regarding openings in those projects.  These listings and the information shall be available to the public, in writing or by phone, during regular business hours.

 

h)         Payments

 

1)         Individuals participating in Earnfare shall engage in hours of work equal to the amount of the SNAP benefits divided by the State or federal minimum wage, whichever is higher, and subsequently shall earn assistance at minimum wage for each additional hour of performance in Earnfare activity, up to a maximum amount per month established by the Department based on the State minimum wage and available resources.  An individual is considered to have participated in Earnfare in any month he or she earns a payment.

 

A)        If a court of competent jurisdiction orders an individual to participate in the Earnfare program, hours engaged in employment-assigned activities multiplied by the State or federal minimum wage, whichever is higher, shall first be applied as a $50 payment made to the custodial parent as a support obligation.  If the individual receives SNAP benefits, the individual shall engage in hours of employment-assigned activities equal to the amount of the SNAP benefits divided by the State or federal minimum wage, whichever is higher, and subsequently shall earn assistance at minimum wage for each additional hour of performance in Earnfare activity.

 

B)        Individuals will be assigned hours of Earnfare based upon their SNAP allotment amount.  An individual living in a multi-person SNAP household shall be deemed to be receiving a per capita share of the household's SNAP allotment, for purposes of calculating the Earnfare hours.

 

C)        During an individual's Earnfare participation, the Department or the local governmental unit shall alter the Earnfare hours each time the individual's monthly SNAP benefit changes by at least $20, effective the same month as the change in the SNAP benefit. Individuals and contractors will be notified by the Department or the local governmental unit of the number of hours of work to be performed by an individual in Earnfare.

 

2)         Individuals remain financially eligible for Earnfare and Earnfare job search activity so long as they receive SNAP benefits.  Receipt of SNAP is not an eligibility requirement of Earnfare when a court of competent jurisdiction orders an individual to participate who is a non-custodial parent of TANF children.

 

3)         DHS may pay participants directly or may contract for the Earnfare employer to pay the individual.  Payments shall be made no less frequently than monthly.  Individuals shall be paid only for the hours they have actually worked in excess of the SNAP hours of work obligation and, if ordered by a court of competent jurisdiction, in excess of SNAP hours and the support obligation.

 

4)         Individuals shall be credited with hours of work that the Earnfare employer certifies them to have completed, according to criteria set forth in the contract with DHS, comprehensive providers, or the local governmental unit.  DHS, comprehensive providers or the local governmental unit staff shall attempt to resolve disputes between the Earnfare employer and the individual when there is disagreement over the number of hours worked.  If the dispute cannot be resolved, the individual may utilize DHS' appeal process.

 

5)         DHS or the provider shall, in advance, provide individuals participating in Earnfare who need transportation with the cost of transportation in getting to and from the Earnfare site and to Earnfare participants who are not in the job search component for specific job interviews arranged by their Earnfare employer. Individuals obtaining unsubsidized employment while participating in Earnfare may be eligible for initial employment expenses  as stated in Section 121.188.

 

6)         Participants in the Earnfare job search activity are eligible for reimbursement of reasonable and necessary employer contact related expenses.

 

7)         DHS will provide support services for necessary clothing to enable participants to report to their Earnfare job site. 

 

i)          Participation Requirements

 

1)         Individuals are required to report as scheduled and on time to their Earnfare employer when notified of a referral.  When they cannot report to their Earnfare assignment or if they will be late, they are to immediately notify their Earnfare employer.

 

2)         If the individual demonstrates an inability to sustain the work that has been assigned and the Earnfare assignment was appropriate to the individual's abilities, DHS, the contracted provider, the community-based organization, or the community college/university shall re-assess the individual.  If the person is ordered by a court of competent jurisdiction to participate in the Earnfare Component, that person shall also be referred back to the court when unable to perform the work that has been assigned.

 

3)         An individual may be dismissed by the employer from an Earnfare assignment prior to its completion.  DHS, comprehensive providers or local governmental unit shall return an individual dismissed by an employer to the client pool.  An individual dismissed by an employer shall be treated as a new program entrant for the purpose of Earnfare assignments.

 

4)         During Earnfare assignment, individuals are required to accept bona fide offers of suitable employment

 

5)         During the Earnfare assignment, participants are required to apply for suitable jobs for which the provider makes a referral.

 

6)         Earnfare clients may participate in a voluntary job search activity as resources permit.  Earnfare clients may participate for two months in the 12- month period, either concurrently or following the six-month eligibility period for Earnfare.

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.184  Sanctions for Non-cooperation with Food Stamp Employment and Training (Repealed)

 

(Source:  Repealed at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.186  Good Cause for Failure to Cooperate (Repealed)

 

(Source:  Repealed at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.188  Supportive Services

 

a)         Individuals receiving SNAP are eligible to receive supportive service payments, in advance, to enable them to participate in the program.  Individuals receiving SNAP may also be eligible for initial employment expenses.  Supportive service costs shall not include the cost of meals away from home. All participant reimbursements shall cover reasonable and necessary actual costs.

 

b)         Eligible Services

 

1)         Transportation

 

A)        Expenses for transportation will be provided to enable individuals to attend assessment meetings and permit participation in activities.

 

B)        Transportation payments are made to support E&T activities.  If the individual's own automobile is used, the Department will reimburse the individual at the established Internal Revenue Service rate per mile.  That rate shall include all vehicle-related expenses.

 

2)         Mandatory Fees.  Payment may be provided for mandatory fees, such as application, registration, activities, laboratory, graduation and testing fees, including the fee for the GED test, are provided to individuals enrolled in approved education or training programs. 

 

3)         Books and Supplies.  Payment is allowed for books, supplies and equipment purchased in accordance with the facility's published list of required items for the particular program in which an individual is enrolled.

 

4)         Physical Examinations.  Payment is permitted for individuals to obtain required physical examinations if the costs are not otherwise provided by sources such as the employer or the training program.

 

5)         Earnfare clothing allowance.  Necessary clothing is provided to enable participants to report to their Earnfare job site.

 

6)         Initial Employment Expenses

 

A)        Payment may be provided for employment expenses incurred when requested within 90 calendar days from the date employment begins for all components. These expenses are paid based on the individual's work days during a 90 calendar day period from the date employment begins.

 

B)        These expenses include:

 

i)          Special clothing;

 

ii)         Required tools which are not provided by the employer;

 

iii)        Non-maintenance related repairs of an automobile;

 

iv)        Auto license plate fees;

 

v)         Auto liability insurance at the cheapest rate;

 

vi)        Transportation expenses;

 

vii)       Child care;

 

viii)      Physical examination, prior to employment, if required and not provided by the employer;

 

ix)        Other required items related to a specific job.

 

C)        Initial employment expenses shall not be used to purchase firearms, pay bail bonds or traffic tickets, pay outstanding debts, or pay relocation expenses so an individual can accept employment elsewhere.

 

(Source:  Amended at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.190  Conciliation (Repealed)

 

(Source:  Repealed at 44 Ill. Reg. 5348, effective March 11, 2020)

 

Section 121.200  Types of Claims (Recodified)

 

(Source:  Recodified to 89 Ill. Adm. Code 165.30 at 10 Ill. Reg. 21094)

 

Section 121.201  Establishing a Claim for Intentional Violation of the Program (Recodified)

 

(Source:  Recodified to 89 Ill. Adm. Code 165.40 (a)(b) and (c) at 10 Ill. Reg. 21094)

 

Section 121.202  Establishing a Claim for Unintentional Household Errors and Administrative Errors (Recodified)

 

(Source:  Recodified to 89 Ill. Adm. Code 165.40 (d)(e)(f) and (g) at 10 Ill. Reg. 21094)

 

Section 121.203  Collecting Claim Against Households (Recodified)

 

(Source:  Recodified to 89 Ill. Adm. Code 165.80 at 10 Ill. Reg. 21094)

 

Section 121.204  Failure to Respond to Initial Demand Letter (Recodified)

 

(Source:  Recodified to 89 Ill. Adm. Code 165.86 at 10 Ill. Reg. 21094)

 

Section 121.205  Methods of Repayment of Food Stamp Claims (Recodified)

 

(Source:  Recodified to 89 Ill. Adm. Code 165.82 at 10 Ill. Reg. 21094)

 

Section 121.206  Determination of Monthly Allotment Reductions (Recodified)

 

(Source:  Recodified to 89 Ill. Adm. Code 165.84 at 10 Ill. Reg. 21094)

 

Section 121.207  Failure to Make Payment in Accordance with Repayment Schedule (Recodified)

 

(Source:  Recodified to 89 Ill. Adm. Code 165.88 at 10 Ill. Reg. 21094)

 

Section 121.208  Suspension and Termination of Claims (Recodified)

 

(Source:  Recodified to 89 Ill. Adm. Code 165.50 at 10 Ill. Reg. 21094)

 

Section 121.220  Work Requirement Components (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)

 

Section 121.221  Meeting the Work Requirement with the Earnfare Component (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)

 

Section 121.222  Volunteer Community Work Component (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)

 

 Section 121.223  Work Experience Component (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)

 

Section 121.224  Supportive Service Payments to Meet the Work Requirement (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)

 

Section 121.225  Meeting the Work Requirement with the Illinois Works Component (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)

 

Section 121.226  Meeting the Work Requirement with the JTPA Employability Services Component (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 13530, effective September 3, 2002)