WAG 03-23-06: Criminal Violation of Public Aid Code or Similar Law (Cash)

PM 03-23-06.

For AABD text deletedfraud convictions prior to 01/01/97, see PM 03-20-00 and WAG 03-20-00. For all other fraud convictions, complete the following tasks.

(FCRC - Intake) For criminal violation of the Public Aid Code, an application must be reviewed by the Administrative Review Board. If the review board meets and determines if the applicant is eligible, use Form 2633 to notify the applicant of the review board's decision. For the first conviction, the review board can only find a person ineligible for reasons other than a criminal violation of the Public Aid Code. If the review board decides to deny the application, do not use Form 2633. Instead, deny the application and notify the applicant using Form 360/360C in the usual manner.

Example: Ms. X was convicted of welfare fraud in the State of Virginia. She moved to Illinois and applies for cash benefits. Since Ms. X was convicted of welfare fraud in Virginia, her Illinois application must be reviewed by an Administrative Review Board.

A 2nd criminal violation of the Illinois Public Aid Code or of any federal or any state law that is similar to the Illinois Public Aid Code means that the person is permanently ineligible for cash benefits.

Example: Ms. Y was convicted of state benefits fraud in an Illinois circuit court. Two years later she committed a 2nd offense and was convicted of theft of government funds in federal court in Illinois. Deny her application for cash since she has had 2 welfare fraud related convictions.

To deny an application for a 2nd violation of the Illinois Public Aid Code or similar law, enter TA 05 and TAR 61 on the Form 552. Determine MANG and FS eligibility. Enter Code 00 in Item 39 of the Form 552. The message on the notice appears as follows:

______has been convicted for a 2nd criminal violation of the Illinois Public Aid Code or similar law. PM 03-23

(FCRC - Income Maintenance)

  • TANF Cash - To remove a person for a 2nd violation of the Illinois Public Aid Code or similar law, enter TA 31 and TAR 53. Enter a 3 in Item 78 for medical assistance. If the adult is the only member of the cash unit, stop cash assistance and swap to medical assistance using TA 81/82 and TAR 92. Continue food stamps as appropriate. Enter Code 00 in Item 39 of the Form 552 to centrally mail Form 157.
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  • AABD Cash - Where the person has been convicted for a 2nd violation of the Illinois Public Aid Code or similar law, stop cash assistance and swap to medical using TA 81/82 and TAR 92. Continue FS as appropriate. Enter Code 00 in Item 39 of the Form 552 to centrally mail Form 157.