Transcript Public Benefits - Illinois Legal Advocate

Public Benefits
An Overview
Fall 2009
What are we talking about?
Cash
Medical
Supplemental Nutrition Assistance Program (SNAP Food Stamps)
Child Care Assistance
Other Benefits
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Women, Infants and Children (WIC)
Child Care Assistance
Circuit Breaker
Cash
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Temporary Assistance To Needy Families “TANF”
PM I-02-01
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For families with related children 18 and under (19 if in high
school)
Limited Emergency Provisions
Pregnant Women
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Transitional (General) Assistance PM I-02-04-b
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Chicago at IDHS – Suburbs through Townships
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Eligible as soon as pregnancy confirmed
Guardians with minor children
Certain individuals without children
Aid to Aged, Blind, and Disabled PM I-02-02
Medical
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Medicaid PM I-03-00
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All Kids
FamilyCare
Disabled and Elderly
QMB/SLIB/QI-1 (Medicare Premium
Payments) PM I-04-00
Limited Coverage for GA (no
hospitalization)
SNAP/Food Stamps
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Do not have to fit any other category - just poor
Provision for emergency benefits PM -02-08-00
People who prepare and purchase food together are
considered one Food Stamp household. PM 04-05-02
 Spouses must always be together.
 If you live with your parents, must be included
until age 22.
 Under 18 must be included with the adult you live
with. PM 04-05-03
Work Program For Single Healthy Adults
Expedited Food Stamps
PM 02-08-00
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Only have to prove identity (photo ID) and:
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Income and liquid assets less than rent and
utilities or
Income less than $100 and liquid assets less than
$150 for month of application
PM 02-08-01
5 calendar days for expedited benefits
PM 02-08-02b
WIC
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Helps pregnant women, new mothers and young
children receive:
-Special checks to buy healthy foods - like milk, juice,
eggs, cheese, cereal, dry beans or peas, and peanut
butter
-Information about nutrition and health to help you
and your family eat well and be healthy
-Information and help about breastfeeding
-Help in finding health care and other services in your
area
DAY CARE ASSISTANCE
Child Care Resource & Referral (CCR&R)
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A Subsidy is available for low income
families who need it to:
- Work
- Education or Training
- Participate in TANF work activities
PM 21-05-01; PM 06-16-00 and PM 21-05-01
For Cook County: Illinois Action for
Children (312) 823-1100
CIRCUIT BREAKER
IL Dept. of Revenue
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For Aged and Disabled
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Free public transit rides
Property tax and rent grants
License plate discount
Prescription drug help
www.state.il.us/aging Form IL-1363
How Are Benefits Accessed?
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Cash/Food Stamps LINK card mailed
after approval PM 22-01-01-b
- LINK Card works like a debit card at ATMs (cash benefits)
PM 22-01-01-h
- Accounts are expunged after 1 year of inactivity
- Use at participating grocery stores
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Medical card mailed each month
Child care checks mailed to provider
Where?
Illinois Department of Human Services
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Approx. 20 offices in Cook County
Office based on Zip Code
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Can locate office from IDHS web page
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http://www.dhs.state.il.us/
Policy Manual available at website
Child Care Resource and Referral Agencies
(CCR&RA)
• WIC offices found at IDHS website
Applications at IDHS
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Applications Must Be Taken The Same
Day Client Requests Services
PM 02-04-01 and 02
Applicants Are Given A Return Date For
Eligibility Appointment
Individuals Must Be Screened For
Emergency Food Stamps
PM 02-08-00
Online Applications PM 02-04-04
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Apply online for:
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Cash, Food Stamps and Medical
All Kids
Circuit Breaker
Day Care Assistance
Other General Eligibility
Requirements
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Verification of Income, Resources,
Living Expenses, Citizenship
PM 02-07-03
Cooperation with Child Support
PM 24-02-00
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Domestic Violence, Rape, Incest Exceptions
Limited Knowledge Statement
Special Rules for TANF
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Job Search while application pending PM 21-01-01
(unless exempt PM 21-01-04)
Responsibility and Services Plan (RASP)
Work and Training Requirements PM 03-13-00
60 month Lifetime Limit PM 03-06-00
Family Cap (no cap for children born on 01/01/04 or
later)(all children uncapped 07/01/07) MR 07.09
Minor Parent Live with Relative Requirement PM 1406-00
SSI recipients excluded from the TANF unit PM 0401-02-a
Job Search For TANF
Applicants
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Must assess for barriers PM 21-01-04
Must offer child care and transportation
referral PM 21-05-00
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Front Door Partners
Responsibility And Services
Plan
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Comprehensive
Adult PM 02-09-00 Teen Parent PM 14-08-00
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Outlines Tasks
Must Be Signed Even if Disagree
Should Be Given Copy
Can Be Appealed
Work and Training Requirements
PM 21-02-00 (new rules possible July 2010)
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30 hours per week (35 for two-parent households)
PM 21-01-01-a
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2/3 of Earnings Disregarded for current recipients
Vocational School, GED, or Post-Secondary education
can be acceptable alternative
PM 21-03-00
Work First - Pay-for-performance (Cash and Food Stamps
added together and divided by minimum wage)
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Job and Self-Sufficiency Activities
Supportive Services (Transportation, child-care) PM 2105-00
Exemptions/Barriers for TANF
Work Requirements
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Disability (short or long term)
PM 21-01-
04-a
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Child under age 1 PM 21-01-03-a
Caring for disabled spouse/minor child
PM 21-01-04-c
 If not spouse or minor child, must apply to DORS
or DOA
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Domestic Violence
PM 21-01-05
60 Month Life Time Limit
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Effective July 1997 PM 03-06-03
Applies to any month an adult (age 18 or
over) receives TANF
Exceptions and extensions PM 03-06-05
When the adult reaches 60 months, the adult
and his/her children are ineligible for TANF if
they reside together. PM 03-06-04
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Family still eligible for Food Stamps and Medical
Stopping The 60 Month Clock
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Work 30 hours or more per week (35 if
couple) PM 03-06-01
Approved degree program PM 03-06-01-a
Caring for disabled child or spouse PM
03-06-01-f
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Domestic Violence exclusion
PM 03-06-01-h
These are current rules – must apply rule in effect at
the time month is counted
Extending The 60 Month Clock
PM 03-06-05-a
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Represented by attorney in pending SSI case
Medical condition makes client unable to
engage in 30 hours per week of work
Intensive Program Involvement
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Approved Education and Training program
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Domestic violence, homeless services, substance
abuse, mental health
Must be expected to complete within 6 months
Disabled Spouse or Minor Child
Family Cap
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Manual Release 07.09 (6/8/07)
From 10/06 through 12/03, TANF benefits did
not increase if another child is born to a
family already receiving TANF
All children uncapped on 7/1/07
Child support was retained by the state for
these “capped” children
State will now return the retained child
support if requested by the parent
Teen Live With Relative
Requirement
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Teen Parents or pregnant (under 18)
must live with relative PM 14-06-00
Exceptions exist PM 14-06-02
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Health and safety, parent refuses to allow
the child to remain, parent abuses drugs,
teen has been out of home for year
6 month grace period
PM 14-06-03
Sanctions
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Cash & Food Stamps Sanctioned for Work Program
Violations PM 03-13-05 and 07
Cash & Medical Sanctioned for Child Support
Violations PM 24-04-00
School Attendance Initiative PM 03-22-00
Reconciliation Must be Offered PM 03-13-04 and 2404-03
Progressive PM 03-13-05-a and 07
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Level 1: 50% of entire grant until cooperate
Level 2: 50% for 3 months must cooperate
Level 3: 100% for 3 months must cooperate
No cooperation leads to case closing
Terminations
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Missed Redetermination Appointment or
Failed to Return Form
Restore assistance if cooperate within 10 days PM 19-04-02
Missed Special Appointment
Unable To Locate Client
WorkFirst Noncooperation
Terminate cash and parent’s MC for child
support noncooperation PM 24-04-02
Called a SWAP
Special Populations
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Limited English Proficiency PM 22-11-00; PM 2213-00
 Must offer interpreter or use language line.
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Should not use family member
Teen Parents PM 14-01-00
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Can apply for anything
Parent’s income will be needed for TANF if under
18 or Food Stamps if under 22 (if living with
parent).
Assigned to Teen Parent Liaison if no H.S. Diploma
Will be required to enroll in GED classes or school
TANF Crisis Assistance
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Available to TANF Applicant/Recipient families PM 06-03-00
Processed in 5 days, including TANF application (no 30 day wait)
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Qualifying conditions: PM 06-03-01
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PM 06-03-01-C
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Your family is being evicted for any reason,
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Voucher up to $250
You are homeless because of fire, flood or other natural disaster,
You have been forced to move because your landlord failed to
provide essential services such as heat
You had to leave your home because of physical abuse by a
person who still occupies the home
You need furniture, clothing, and/or household supplies due to
fire, flood, or other natural disaster
Your family is deprived food or needed clothing because of
lost or stolen cash
Assignment of Child Support
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Parents, stepparents and caretaker relatives
applying for Cash and/or Medical on the basis
of a child in their household must cooperate
with child support activities unless they have
good cause
Only custodial parents are sanctioned for
non-cooperation (Pregnant women and
relative caretakers not sanctioned)
Minor mothers must also cooperate with child
support unless they have good cause
PM 24-02-02
Disbursement of Child Support
for a TANF Recipient
- First $50.00 current support “pass through”
to the TANF family PM 24-05-01
- Remaining current support payment to HFS
to reimburse for TANF payment
- Any remaining current payment sent to
family as “excess support” PM 24-05-02-b
- Regular excess payments will terminate
TANF
Disbursement of Child Support
After TANF Ends
All current support paid to the
custodial parent
Disbursement of Collected Child
Support Arrearages
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All intercepted tax refunds and other intercepts
applied to unreimbursed TANF first
Arrearages paid by Obligor applied as follows:
First: To family for any arrearage owed since family
left TANF
Second: To State for any unreimbursed TANF (up to
the lesser of unreimbursed TANF or the ordered
support for that month)
Third: To State or family depending on when
arrearages accumulated prior to family obtaining
TANF and/or AFDC
Earmarked Child Support
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Support payments must be earmarked for:
1) an SSI child; PM 08-01-05-a or
2) a child who does not qualify for TANF for reasons
other than receipt of SSI or sanctions (allocated
earmarking); PM 08-01-05-b or
3) a child who is not required to be in the TANF unit
(optional earmarking) PM 08-01-05-b
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Earmarked support not deemed to TANF
children
Consent decree: Machado v. Coler
Child Support Account Review
Requests
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An accounting of all child support payments received
and retained or disbursed by HFS
Consent Decree: Agee v. Duffy
Pursuant to 42 U.S.C. 657; 45 C.F.R. 302.51 and 89
Ill. Adm. Code Subpart F
May be requested any time
After Account Review is received may request:
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in person explanation,
Reconsideration in 30 days,
or file Writ of Certiorari in 180 days
Single Adults In Chicago Can Get
Transitional Assistance Cash Benefits
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PM I-02-04-b and Chapter 12
$100 a month
And a TA medical card (no hospital coverage)
Age 55 or over with earnings <$200 month in 7 months and
<$2000 in past 12 months
Prescribed medication for seizures, high blood pressure, or
diabetes
Under age 20 and full- time in high school or vocational school
Homeless within past 6 months
Temporarily ill
Caring for someone who lives with you and needs full -time
care due to a medical condition.
Applicants for SSI may qualify for P-3
 $100 plus full Medicaid card
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GA Family
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Legal guardians and the minor children
in Chicago (outside Chicago GA is administered by
Townships) PM I-02-04-a and 12-01-02
Same grant level as TANF
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TA medical card for adult
Medicaid for the child
AABD Benefits For Some
Disabled Individuals
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Must be receiving SSI or not eligible for SSI due to
income
 must be disabled or
 age 65 or older
Immigrant found not disabled by the Social Security
Administration
 must be 65 or older and
 a Legal Permanent Resident who was legally
residing in the U.S. on 8/22/96
Needs based
PM 11-01-00
General Rules
One Application at IDHS
Covers All Programs
-Special form (No. 2689) for Crisis Assistance
-May submit separate applications for some
programs
- PM-02-05-00
Case Processing Deadlines
PM 17-01-01
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Cash
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45 days, 5 days (PM 06-03-01-c) if eligible for Crisis
Assistance
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60 days for disability determination
Medical (varies) - Temporary card in 75 days
03-03
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Food Stamps
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30 days PM 17-01-01
Emergency Food Stamps 5 calendar days
PM 02-08-02-b
PM 17-
Disputes
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Appeals PM 01-07-00 thru 01-07-04
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Actions or Inactions with the case
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Call 800-435-0774 or 312-793-2618
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60 days cash or medical
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90 days Food Stamps
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Appeals filed on or before “Date of Change” keep the status quo.
Judicial Review
 35 days for cash and medical
 6 months for Food Stamps
Grievances PM 01-01-06
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Treatment by an IDHS employee
Hearings for both held at the local office
Overpayments - Cash
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Recipients PM 23-05-01-a
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Non-recipients PM 23-05-01-d
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Recoupment – 10% usually
Tax intercepts of state refunds
Administrative garnishment of state employees'
salaries
Limits on Collection – under state law
Food Stamp Overpayments
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Food Stamps
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Administrative Error or Inadvertent Error
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10% recoupment (for Recipients) PM 23-05-02-a
Federal tax refund intercept (for non-Recipients) PM 23-05-02-a
Intentional Program Violation
Administrative Disqualification Hearing required or waiver.
 20% recoupment PM 23-05-02-a
 12 month disqualification for first violation, 24 months for second
violation, permanent disqualification for third violation
PM 23-06-03
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Federal Offset of other benefits
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SSI exempt
SSD offsets the lesser of: 15 % of monthly benefit or amount which
the monthly benefit exceeds $750 monthly 31 CFR §285.4
Limitations of Collection: Food
Stamps
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PM 23-03-04
Agency Error – 1 year from date of
discovery
Inadvertent Household Error &
Intentional Program Violations – 6 years
from date of discovery
Collections: no limit
Overpayments Continued
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Court Suits
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fraud penalties
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double recovery
permanent bar if two fraud findings.
10 year TANF bar if convicted of welfare fraud
involving simultaneous receipt of benefits in
more than one state.
Bankruptcy Option – when there is no
finding of fraud
Welfare Reform Created Two Distinctions
Among Immigrants
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PM 03-01-00
Immigrants Who Arrived (either legally
or illegally) on or before 8/22/96
Immigrants Who Arrived After 8/22/96
Qualified Immigrants
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PM 03-01-00 et. seq.
Refugees, asylees, and those whose
deportation is being withheld
Lawfully present active duty members of the
U.S. Armed Forces and their spouses and
dependent children
Lawfully present veterans with an honorable
discharge and their spouses and dependent
children
Legal Permanent Residents
Qualified Immigrants Who Arrived On
or Before 8/22/96 Eligible For
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All programs from Illinois Department of
Human Services
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Cash, Medicaid, Food Stamps
Qualified Immigrants Who Arrive
After 8/22/96
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Distinction between LPRs and other Qualified
Immigrants
Other Qualified Immigrants Eligible For Cash,
Medical, Food Stamps
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Refugees, asylees, and those whose deportation is
being withheld
Lawfully present active duty members of the U.S.
Armed Forces and their spouses and dependent
children
Lawfully present veterans with an honorable
discharge and their spouses and dependent
children
LPR’s Who Arrive After
8/22/96
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5 year bar on cash, medical, Food
Stamps
Exception for:
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Under 19 eligible for Kidcare and Food Stamps
Disabled or blind eligible for Food Stamps
Individuals who can be credited with 40 quarters
eligible for Food Stamps
Special Eligibility For Certain Abused
Noncitizens (VAWA, U Visa)
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PM 03-01-02-i
Petition for Status Pending or eligible to apply
Spouse, widow, or child of U.S. Citizen or LPR
Abused by that person or relative that lives
with the person
Needs the Assistance
No longer lives with the person or plans to
separate within a month of receiving
assistance
Citizenship requirements for Cash and Medical
waived
Hotline
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A free service of the Legal Assistance
Foundation of Metropolitan Chicago
Serves Cook County Residents
1-888-8Welfare (893-5327)