04/22/2024
Policy Memo
This policy memo provides further guidance to the following policy memos:
Summary
- Effective 03/21/2024, changes to IES have been made to allow processing of applications and all subsequent case actions for individuals eligible for the VTTC program.
- New Types of Assistance are now available in IES, including VTTC Cash (TANF), VTTC Cash (RRP), and State Food.
- Application changes have been made in the ABE Portal to add questions for individuals who may be eligible for VTTC Cash and State Food Assistance. IL444-2378B, Request for Cash Assistance, Medical Assistance, Supplemental Assistance Program (SNAP) is being updated to also include the additional questions.
- Effective with this release, Special Units will continue to process initial applications and handle case maintenance for VTTC programs for individuals residing in Cook County.
- Effective with this release, Family and Community Resource Centers (FCRCs) will begin processing initial applications and handling case maintenance for VTTC programs for individuals residing outside of Cook County.
- Existing VTTC cash and State Food cases will be moved into IES beginning 03/21/2024.
Beginning 03/21/2024, applications received containing individuals who are not eligible for federally funded benefits and potentially eligible for state funded VTTC Cash (RRP), VTTC Cash (TANF) and/or State Food should be processed in IES.
Application Changes
Changes have been made to the ABE Portal with the questions for non-citizens applying for benefits.
The IL444-2378B, Request for Cash Assistance, Medical Assistance, Supplemental Nutrition Assistance Program (SNAP) is being updated to include the following questions for non-citizens applying for benefits:
- Does anyone in the household intend to apply for a T Visa, U Visa or to seek asylum?
- Has anyone in the household filed a formal application for T Visa, U Visa or to seek asylum?
- Does anyone in the household have an appeal pending for an asylum claim?
- Is anyone in the household currently receiving federally funded torture treatment services?
Caretaker Relative Status
A caretaker relative must be related to the child by blood, adoption, or marriage. Relatives by blood or adoption must be within the 5th degree of kinship. See WAG 03-05-01-e: Kinship Definitions for specific kinship definitions and a list of items to prove relative status. A person who is or was married to a relative within the 5th degree of kinship can be a caretaker relative. A step sibling can be a caretaker relative.
The guardian of the person is responsible for custody of the individual. They arrange for care, professional services, and educational needs, see PM 16-04-00: Guardian Payee (AABD, TANF).
Derivative Family Members
An individual non-citizen who has arrived in the U.S. with the intent to apply for a Visa as a victim of trafficking, torture or other serious crime, or to seek asylum due to fear of persecution, is able to bring with them and include individuals who qualify as derivative family members (DFMs).
Individuals seeking T Visa or U Visa
Individuals who may qualify as a DFM for someone who is intending to file or has filed a T Visa or U Visa are as follows:
- Victim is under 21 years of age:
- Spouse;
- Children;
- Parents; and
- Unmarried siblings under 18 years of age.
- Victim is 21 years of age or older:
- Spouse; and
- Unmarried children under 21 years of age.
Individuals seeking Asylum
Individuals who may qualify as a DFM for someone who is intending to or has sought asylum are as follows:
- Spouse; and
- Unmarried children under 21 years of age.
Note: To include a spouse as a DFM for either a victim or an asylum seeker, the marriage must have occurred prior to the victim's entry into the U.S.
Note: Each individual who may be a victim or seeking asylum should be processed as an individual and not as a DFM.
Staff Responsibilities
Examples of Expected Household Composition:
Scenario #1: An individual who is a victim of a serious crime and intends to apply for a T visa has brought their spouse and minor children with them to the US. The family members have not been a victim of a crime and will be added as DFMs to the victim application for federal status as a victim.
Expected Outcome: The victim should be processed and entered into IES as a victim while the family members (if they meet DFM criteria above) should be added as DFMs under the victim in IES.
Scenario #2: An individual and minor child arrive in the U.S. and both intend to seek asylum.
Expected Outcome: Both the adult and child with their pertinent information should be added in IES as individuals seeking asylum. There would be no DFMs in this situation.
FCRC Responsibilities
Family and Community Resource Centers can now process VTTC applications, complete redeterminations and make case changes. When applicants do not qualify for federally funded programs due to citizenship and USCIS status, eligiblity for VTTC state funded benefits must be reviewed.
Upon receipt of an application, FCRCs should process as follows:
- Review each individual requesting benefits to determine if:
- they meet citizenship/USCIS status, or
- they are preparing to apply or have filed an official application for either a T Visa, U Visa or to seek asylum, or
- any individual on the application can be considered a DFM to the individual filing the USCIS application for a status listed above.
- Complete Data Collection in IES, run eligibility, review the Eligibility Summary screens to ensure expected outcome for each individual applying for benefits, then certify the case.
- Review the IL444-0360C - Notice of Decision for accuracy. If it is determined there is an issue with the Notice of Decision, suppress the central notice and issue a manual version.
Special Units (Office 209) Responsibilities
Upon receipt of the application, Special Units should process as follows:
- Review each individual requesting benefits to determine:
- If they meet citizenship/USCIS status, or
- If they are preparing to apply or have filed an official application for either a T Visa, U Visa or to seek asylum, or
- If any individual on the application can be considered a DFM to the individual filing the USCIS application.
- Complete Data Collection in IES, run eligibility, review the Eligibility Summary screens to ensure expected outcome for each individual applying for benefits, then certify the case.
- Review the IL444-0360C - Notice of Decision for accuracy. If it is determined there is an issue with the Notice of Decision, suppress the central notice and issue a manual version.
IES Changes
Changes made to IES include the following:
- Effective January 2024, the following questions, including verification dropdowns, have been added to the Non-Citizen Details page in the Asylum/Torture Victim (AATV) and Asylum T or U Visa (VTTC) Primary Victim Information section:
- Individual has applied or intends to apply for asylum?
- Individual has applied or intends to apply for a T Visa?
- Individual has applied or intends to apply for a U Visa?
- Individual has Derivative Family Members?
- Existing VTTC Cash and State Food cases processed prior to 03/21/2024 and outside of IES will be moved into IES and all further action should be done in IES.
- A new page has been added to the driver flow in IES on the Non-Citizen - Details page within the Individual Module.
- Individual-Derivative Family Member - Details has been added as a new tab on the Non-Citizen-Details page.
- The new "DFM" tab will become enabled when the Derivative Family Members question has been answered "YES" on the Non-Citizen - Details page.
- See Record Derivative Family Members Wizard for entry of DFM's in IES.
- The Eligibility Summary screen will now display EDGs for both federal and state-funded programs.
- Cash and State Food benefits issued prior to IES implementation of VTTC are available for review in the Benefit Issuance Module of IES.
- Cash and State Food benefits issued via IES will be put on the Illinois Link card.
- Cash will be issued with regular cash availability.
- State Food will be issued in the same manner as regular SNAP.
- Customers can only purchase SNAP authorized items as State Food gives benefits to the same extent as SNAP.
Dulce M. Quintero
Secretary-Designate, Illinois Department of Human Services
