Section 112.110 Exempt Unearned Income

Section 112

Section 112.110  Exempt

Unearned Income

The following unearned income shall be exempt from consideration in

determining eligibility and the level of assistance payment:

a)         The value of the benefit allotment under the Food and

Nutrition Act of 2008 (7 U.S.C. 2017(b));

b)         The value of the U.S. Department of Agriculture donated foods

(surplus commodities);

c)         Any payment received under the Uniform Relocation Assistance

and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4636);

d)         Any funds distributed per capita to or held in trust for

members of any Indian Tribe under P.L. 92-254, P.L. 93-134, P.L. 94-114 or P.L.

94-540;

e)         Any benefits received under Title VII, Nutrition Program for

the Elderly, of the Older Americans Act of 1965, as amended (42 U.S.C. 3045 et

seq.);

f)         Any compensation provided to individual volunteers under the

Volunteers in Service to America (VISTA) Program (known as AmeriCorps VISTA).

Payments made under Americorps State/National programs, funded under the

National and Community Service Act of 1993, are not exempt.  Stipends or living

allowance payments made under this program are considered nonexempt earned

income.  These payments are subject to the general rules concerning the

budgeting of earned income;

g)         Income received under the provisions of Section 4(c) of the

Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical

Assistance Act [320 ILCS 25/4].  This includes both the benefits commonly known

as the circuit breaker and additional grants;

h)         Payments for supporting services or reimbursement for

out-of-pocket expenses made to volunteers serving as senior health aides,

senior companions, foster grandparents, and persons serving in the Service

Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) and

any other programs under Titles II and III, pursuant to Section 418 of P.L

breaker and additional grants;

h)         Payments for supporting services or reimbursement for

out-of-pocket expenses made to volunteers serving as senior health aides,

senior companions, foster grandparents, and persons serving in the Service

Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) and

any other programs under Titles II and III, pursuant to Section 418 of P.L.

93-113;

i)          Unearned income such as need based payments, cash assistance,

compensation in lieu of wages and allowances received through the Workforce

Investment Act (WIA);

j)          Social Security death benefit expended on a funeral and/or

burial;

k)         The value of supplemental food assistance received under the

Child Nutrition Act of 1966, as amended (42 U.S.C. 1780(b)) and the special

food service program for children under the Richard B. Russell National School

Lunch Act, as amended (42 U.S.C. 1760);

l)          Tax exempt portions of payments made pursuant to the Alaska

Native Claims Settlement Act (43 U.S.C. 1626);

m)        Payments received under Title I of P.L. 100-383 of the Civil

Liberties Act of 1988 (50 U.S.C. 1989b through 1989b-8);

n)         Payments received under Title II of P.L. 100-383 of the

Aleutian and Pribilof Islands Restitution Act (50 U.S.C. 1989c through

1989c-8);

o)         Payments made to veterans who receive an annual disability

payment or to the survivors of deceased veterans who receive a one-time

lump-sum payment from the Agent Orange Settlement Fund or any other fund

referencing Agent Orange product liability under P.L. 101-201;

p)         Payments received under the federal Radiation Exposure

Compensation Act (42 U.S.C. 2210 nt);

q)         Federal subsidized housing payments under section 8 of the

Housing and Community Development Act (42 U.S.C. 1437f);

r)          Any adoption subsidy payment or foster care payment received

from DCFS or from a state welfare agency of another state are exempt for MAG

and MANG

1-201;

p)         Payments received under the federal Radiation Exposure

Compensation Act (42 U.S.C. 2210 nt);

q)         Federal subsidized housing payments under section 8 of the

Housing and Community Development Act (42 U.S.C. 1437f);

r)          Any adoption subsidy payment or foster care payment received

from DCFS or from a state welfare agency of another state are exempt for MAG

and MANG. Independent Living Arrangement Payments are not exempt for MAG and

MANG;

s)         Supportive Service payments (Section 112.82);

t)          Benefits paid to eligible households under the Low Income

Home Energy Assistance Act of 1981 pursuant to Section 2605(f) of P.L. 97-35;

u)         Disaster relief payments provided by federal, state or local

government or a disaster assistance organization;

v)         Any payment provided by the Department of Human Services under

the Family Assistance Program for Children with Mental Disabilities [405 ILCS

80/Art. III];

w)        A nonrecurring lump-sum SSI or SSA payment made to an

individual in a TANF assistance unit.  The nonrecurring SSA lump sum is exempt

if it is based on disability.  The monthly amount, up to the monthly SSI level

for one, is exempt.  For those individuals not in a TANF assistance unit whose

income is used to determine TANF eligibility for others (for example, the

parent of a person under age 18 who is receiving assistance as a parent), the

lump-sum payment is nonexempt income for the month received;

x)         Payments made to individuals because of their status as

victims of Nazi persecution pursuant to P.L. 103-286;

y)         Payments to a member of the Passamquoddy Indian Tribe, the

Penobscot Nation of the Houlton Band of the Maliseet Indians pursuant to the

Maine Indian Claims Settlement Act of 1980;

z)         Up to $2000 per year of income received by individual Indians,

which is derived from leases or other uses of individually-owned trust or

restricted lands pursuant to Section 13736 of P.L

03-286;

y)         Payments to a member of the Passamquoddy Indian Tribe, the

Penobscot Nation of the Houlton Band of the Maliseet Indians pursuant to the

Maine Indian Claims Settlement Act of 1980;

z)         Up to $2000 per year of income received by individual Indians,

which is derived from leases or other uses of individually-owned trust or

restricted lands pursuant to Section 13736 of P.L. 103-66;

aa)       Payments based on disability status are disregarded in an

amount up to the Supplemental Security Income (SSI) payment level for one

person with no income.  This disregard applies to disability benefits from

Social Security (including SSI), Railroad Retirement Disability, Department of

Veterans' Affairs (100% disability only) and Black Lung;

bb)       Payments made under the federal Crime Act of 1984 (as amended

by P.L. 104-132, Section 234, Crime Victims Fund);

cc)       Inconsequential income, which is defined as gifts, prizes or

other unearned income (excluding that which is otherwise exempted in this

Section) of up to $50 per person per quarter;

dd)      The value of home produce that is used for personal consumption;

ee)       Total child support payments made to an assistance unit;

ff)        Three dollars of every $4 of excess child support distributed

by the child support agency to a family with earnings budgeted.  This includes

the wage supplementation programs of on-the-job training, Job Corps, AmeriCorps

VISTA, and work study;

gg)       Payments from the principal or trust of a trust fund made to or

on behalf of a dependent child when the court orders the money released for a

specific purpose other than the income maintenance needs of the child;

hh)       Earmarked child support payments received by the client for the

support of a child not included in the assistance unit;

ii)         Cash that is exchanged for purposes of satisfying payment of

shelter-related obligations in situations in which the assistance unit shares a

dwelling unit with another family, individual or indiv

rpose other than the income maintenance needs of the child;

hh)       Earmarked child support payments received by the client for the

support of a child not included in the assistance unit;

ii)         Cash that is exchanged for purposes of satisfying payment of

shelter-related obligations in situations in which the assistance unit shares a

dwelling unit with another family, individual or individuals. The money is not

available to meet the needs of the party who received and disburses the

shelter-related payment;

jj)         Employment-related reimbursements for past or future expenses

to the extent that they do not exceed actual expenses incurred and do not

represent a gain or benefit to the client;

kk)       All educational loans, grants, scholarships, fellowships,

veteran's educational benefits, and federal and State work study programs;

ll)         Achieving

a Better Life Experience (ABLE) accounts – All earnings on ABLE accounts are

exempt. The balance of this account is to be exempt unearned income; and

mm)     For a

period of no more than 60 months, any financial assistance, including wages,

cash transfers, or gifts, that is provided to a person who is enrolled in a

program or research project that is not funded with general revenue funds that

is intended to investigate impacts of policies or programs designed to reduce

poverty, promote social mobility, or increase financial stability for Illinois

residents, if there is an explicit plan to collect data and evaluate the

program or initiative that is developed prior to participants in the study

being enrolled in the program and if a research team has been identified to

oversee the evaluation.