04/25/2025
Policy Memo
Summary:
- IL Public Act 93-0342 requires the Illinois Department of Human Services (IDHS) along with Healthcare and Family Services (HFS) to administer state-funded (SF) cash and medical programs to assist individuals who have a pending or approved petition under VAWA (Violence Against Women Act), and their Derivative Family Members (DFM) who have not yet met the 5-year federal bar.
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- The Illinois Public Act does not direct IDHS to implement a state-funded food assistance program for individuals who have sought relief under VAWA but do not yet meet the 5-year federal bar or citizenship requirements for SNAP.
- Changes in IES are expected to be implemented at a later date
- United States Citizenship and Immigration Services (USCIS) / Citizenship Eligibility
- Cash Eligibility
- Medical Eligibility
- Non-Financial Factors
- Cash and Medical
- Eligibility Period
- Maximum Eligibility Period
- Reporting Requirements
- Social Security Number
- Citizenship/INS Status
- Residence
- Cooperation
- Cash
- Ineligible Due to Other Benefits
- Derivative Family Member Eligibility Determination (USCIS / Citizenship Status)
- Interview
- Age and Student Status
- Relative Status
- Responsibility and Services Plan
- Recommended Work and Training Activities
- Work Requirements
- Work Eligible Person
- Persons Exempt from Work Requirements
- Participation Requirements
- Supportive Services
- Sanctions
- Verification of Non-Citizenship Status
- Who to Include in the VAWA EDG
- Examples
- Eligibility and Benefit Amount
- Redetermination Process
- Receipt of Redetermination
- Timely
- Untimely
- Received Untimely and Prior to End of Certification Period
- Received Untimely and After End of Certification Period
- Appeal Rights
- System Changes and Processing in IES
United States Citizenship and Immigration Services (USCIS) / Citizenship Eligibility
An individual who has filed a formal petition for relief under VAWA and the petition is in pending or approved status as verified in SAVE, who has not yet met the 5-year federal bar to be eligible for federal mainstream benefits may be eligible for the state-funded (SF) VAWA Cash and Medical programs along with their derivative family member(s).
Cash Eligibility
The SF Cash program provided under VAWA follows TANF rules. An individual who has a petition pending or approved for relief under VAWA must meet one of the following requirements:
- a pregnant woman; or
- have derivative family members (DFM) under the age of 18 (or 18 and a full-time high-school student). The DFMs on the application for benefits must be included with the petition for relief under VAWA; or
For individuals to be eligible under the VAWA Cash program, they must meet all other non-financial and financial factors of eligibility under the TANF program.
Note: If it is determined an individual has sought relief under VAWA and is in receipt of SSI, the individual cannot receive Refugee Cash Assistance and should have eligibility determined under the AABD Cash program.
Medical Eligibility
The SF medical coverage provided under VAWA may follow ACA, AABD Medical or Family Health Plan rules, depending on the dynamics of the household. Therefore, to receive medical benefits an individual is not required to have a DFM on the VAWA petition or application for benefits. For individuals to be eligible for medical under VAWA, they must meet all other non-financial and financial factors of eligibility under the respective program.
Non-Financial Factors
Cash and Medical
Eligibility Period
Coverage under SF VAWA Cash and Medical programs follows TANF and Medical policy.
Upon determination of eligibility, the certification period is for 12 months (if no changes in factors of eligibility are reported/discovered) with a redetermination due at the end of the certification period to determine eligibility for the following certification period.
Maximum Eligibility Period
A non-citizen approved under SF VAWA programs will continue to meet USCIS criteria unless the customer:
- has been issued a denial on his or her petition for relief under VAWA; or
- becomes eligible for federal mainstream benefits due to USCIS status change.
Note: An individual may lose SF VAWA eligibility if changes affect other factors of eligibility such as an increase to income or returning to share a residence with the abuser.
Reporting Requirements
All households receiving benefits under the SF VAWA programs are designated as Change Reporters and must report changes within 10 calendar days of the occurrence.
Examples of changes include but are not limited to the following:
- change in income;
- change in the number of people living in the house;
- change of address;
- death; or
- change in Citizenship/Noncitizen status.
Social Security Number
An individual who has a verified pending application or obtained Qualified Alien status under VAWA but has not yet applied for or received an SSN meets the SSN requirements for SF VAWA.
An individual with a verified pending application or Qualified Alien status under VAWA who does not have a SSN should be directed to apply for one, when eligible. The individual may be able to obtain an Employment Authorization Document (EAD) with an SSN for work purposes.
Citizenship/INS Status
To meet USCIS status for the SF VAWA programs, an individual must have one of the following or be a qualified DFM for an individual who has received one of the following verified statuses under VAWA and is applying for benefits:
- Pending Petition; or
- Prima Facie Determination; or
- Status as a Qualified Alien.
Residence
To receive benefits under the SF VAWA programs, an individual must be an Illinois resident. The individual does not have to live in Illinois for a set period of time or have a permanent address. See PM 03-02-00: Residence for details.
Cooperation
To qualify for benefits, customers must cooperate with the following:
- Determining their initial and ongoing eligibility
- Includes assisting with obtaining needed information to support the verification of non-financial and financial factors of eligibility.
- Report any changes that may affect their eligibility based on reporting requirements.
- Child Support. See PM 24-02-00: Cooperation for further details.
If a customer fails to cooperate, benefits are denied or canceled due to inability to determine eligibility.
Cash
Ineligible Due to Other Benefits
An individual who qualifies for any of the following programs is ineligible for the SF VAWA Cash program:
- TANF;
- AABD Cash or Medical;
- SSI; or
- Refugee Cash Assistance (RCA).
If an individual is potentially eligible yet fails to apply for one of the programs above the individual is ineligible to receive cash benefits under the SF VAWA program.
Derivative Family Member Eligibility Determination (USCIS / Citizenship Status)
Staff processing applications with potential DFMs (spouses, children, parents) for the SF VAWA programs must determine if the individuals who are not designated as battered aliens qualify for DFM status under the VAWA applicant. This determination is used to ensure proper entry into IES.
To be considered a DFM under a VAWA applicant, the individuals must be included in the application for relief or added appropriately. See note below for details.
An individual who submits a self-petition for relief under VAWA may include the following family members as DFMs on their I-360 petition.
- Spouses may include their children as DFMs.
- DFMs must be under age 21 and unmarried at the time of filing with USCIS.
- Children under age 21 may include their children as DFMs.
- DFMs must be under age 21 and unmarried at the time of filing with USCIS.
- Parents are not eligible to confer DFM benefits to their family members (including their children).
Note: An adult who has a pending or approved petition under VAWA but had no children at the time the status was awarded may add an eligible child after the VAWA petition has been approved.
Interview
A face-to-face interview is required for all cash applications, including redeterminations. Conduct a face-to-face interview for the cash program at initial application and at redetermination.
Age and Student Status
For SF VAWA Cash benefits there is no upper or lower age limit to qualify as an adult.
To qualify as a dependent child for the SF VAWA Cash program, a child must be age 18 or under. For an 18 year-old to be included as a dependent child, the 18 year-old must be attending high school full-time. See PM 03-04-02: Age and Student Status (TANF, FHP) for details.
Relative Status
For an individual to be eligible under the SF VAWA Cash program, the individual must have a dependent child aged 18 or younger in the home for whom they provide the care, and who is related within the 5th degree of kinship. For a child who has attained the age of 18, the child must be enrolled as a full-time student in high school or an equivalent program to qualify as a dependent child.
Responsibility and Services Plan
All adults and teen parents receiving SF VAWA Cash benefits must cooperate in all of the following:
Recommended Work and Training Activities
In addition to TANF activities found in PM 21-01-00: TANF Activities, staff should include any treatment for barriers or exclusions identified at interview, during the family assessment or during the course of the ongoing case. When assigning activities in the RSP, staff should assign activities the individual is able to fulfil.
Example: If an individual has not received their Employment Authorization Document to work, the individual should not be assigned "job search" as an activity.
Work Requirements
In addition to general TANF activity cooperation requirements, a Work-Eligible person must also:
- work or take part in assigned countable work, training and Education activities;
- respond to job referrals;
- accept suitable employment;
- continue employment; and
- not voluntarily reduce wages.
Work Eligible Person
To be considered Work-Eligible, an individual must meet all the following conditions:
- receives cash for themselves; and
- receives the adult payment standard; and
- is not exempt from engaging in countable activities.
In addition to the activities found in PM 03-13-00: TANF General Activity Compliance Requirements, a Work-Eligible person must also:
- work or take part in assigned countable work, training and education activities;
- respond to job referrals;
- accept suitable employment;
- continue employment; and
- not voluntarily reduce wages.
NOTE: The only exceptions to this requirement are for a representative payee (RPY) of the case and a person who does not have a valid Employment Authorization Document to work.
Persons Exempt from Work Requirements
A person is exempt from work registration if the person:
- is a child in the case;
- is age 60 or over;
- is caring for a related child under age one;
- has a medical barrier;
- pending or approved by CAU; or
- is a woman in her last 6 weeks of pregnancy; or
- is a new mother 12 weeks after delivery;
- has a family care barrier pending or approved by CAU;
- provides care for a child under age one who lives in the same home;
- has an approved family violence exclusion; or
- is otherwise eligible for the SF VAWA Cash program, however is not lawfully authorized to work in the US.
If neither parent or adult relative can claim an exemption, both persons are non-exempt.
Participation Requirements
When the FCRC learns that a customer has quit a job, failed or refused to apply for a job, failed or refused to accept a job offer or to attend training, the FCRC should begin the reconciliation process. See PM 03-13-04: Penalty for Failure or Refusal to Comply.
Decide if the job or training is appropriate. If the FCRC decides that the job or training is appropriate, sanction the customer if reconciliation is not successful.
Supportive Services
Customers who qualify for SF VAWA Cash are eligible for Supportive Services to the extent a TANF household would be eligible. See PM 21-05-00: Supportive Services (TANF).
Sanctions
When reconciliation is not successful, sanction a non-exempt customer who fails to cooperate with the work requirements. Examples of good cause are:
- death in the family;
- illness or incapacity;
- required court appearance or temporary incarceration;
- family crisis;
- breakdown in childcare arrangements;
- sudden and unexpected emergency;
- unavailability of suitable childcare;
- breakdown in transportation arrangements and no other transportation was available;
- inclement weather; or
- the referral did not meet appropriate work or training criteria.
When applying a sanction to a case, a sanctioned person remains eligible for medical assistance. See PM 03-13-04-a: Good Cause for further details regarding Good Cause and the qualifying reasons. See the following policy memos for current sanction policy. TANF Sanction Policy Changes and TANF Child Support Sanction Policy Changes.
Verification of Non-Citizenship Status
Staff must verify the individual has a pending or approved petition for relief under VAWA filed with USCIS. If a petition has been approved, the individual may apply for another immigration status based on their situation. Therefore, if Qualified Alien status has been approved, the individual may present a document with a different status. See WAG 03-01-02-i: Abused Non-Citizen Spouses, their Children and Parents for specific Class of Admission codes issued for relief under VAWA.
While an individual may present an expired document for verification such as a Prima Facie Determination, staff must utilize SAVE to determine the current status of the petition.
An individual meets USCIS status if they have a petition pending or approved as Qualified Alien. If it is determined the petition is denied, the individual does not meet USCIS status for benefits under the SF VAWA programs. See PM 03-01-05: Verification of USCIS Status Through SAVE and WAG 03-01-06: Using the SAVE System for further details. The Class of Admission codes for VAWA individuals can be found in WAG 03-01-02-i: Abused Noncitizen Spouses, their Children and Parents.
When verifying DFMs on a pending petition, staff will need verification the individuals were included on the petition for relief under VAWA or added appropriately after the petition was filed. Who may be listed as a DFM is defined above in the Derivative Family Member Determination section. Some types of verification may include but are not limited to:
- Copy of filed petition.
- Birth Certifications (verify relationship to petitioner/abuser).
- Legal Documents showing relationship.
- Court orders
- Immigration Documents issued by USCIS or DHS
Who to Include in the VAWA EDG
In order to determine if an individual is included as a DFM to another individual who has a pending application, obtained Prima Facie Determination, or has an approved petition for relief under VAWA, the DFMs would be listed on the application for status with USCIS.
Once Prima Facie Determination under VAWA is made, the applicant may add eligible children to their petition for LPR or subsequent status without filing a new VAWA petition. See Derivative Family Member Eligibility Determination (USCIS / Citizenship Status) section above for further detail.
Examples
Note: Income, resources and other financial and non-financial factors of eligibility are presumed as met for the respective programs. All individuals have a US Date of Entry of less than 5 years.
Scenario #1
HH Comp: 1 Adult / 4 Children (ages 19, 16, 11 and 7)
Programs Requested: All
Tax Filer Status (Medical): No and No Child is Tax Dependent
USCIS Status:
- Adult Prima Facie Determination (VAWA)
- Children Non-Citizen DFMs to petitioner (VAWA)
Expected Outcome:
Cash: TANF (VAWA) 1 Adult / 3 Minor Children under age 18
Food Assistance: SNAP 3 Minor Children (PM 03-01-03-f: Noncitizen Who Has Not Lived in the US for 5 Years)
Medical EDGs:
- FamilyCare - Adult
- AK Assist - 3 Minor Children
- Rejected - 19 yo (ACA Separate Case - Not Claimed as Tax Dependent)
Scenario #2
HH Comp: 1 Adult / 2 Children (ages 8 and 4)
Programs Requested: All
Tax Filer Status (Medical): No and No Child is Tax Dependent
USCIS Status:
- Adult Pending Petition under VAWA
- Children Non-Citizens - Not DFMs on VAWA Petition
Expected Outcome:
Cash: Denied (No eligible minor children)
Food Assistance: Denied (No participant meets USCIS requirements)
Medical EDGs:
Scenario #3
HH Comp: 1 Adult (age 47)
Programs Requested: All
Tax Filer Status (Medical): No
USCIS Status:
- Adult Approved Petition under VAWA
Expected Outcome:
Cash: Denied (No Eligible Children)
Food Assistance: Denied (Applicant does not meet USCIS requirements for SNAP)
Medical EDGs:
Scenario #4
HH Comp: 1 Adult (Aged)
Income: Receipt of SSI
Programs Requested: All
Tax Filer Status (Medical): No
USCIS Status:
- Adult Approved Petition under VAWA
Expected Outcome:
Cash: AABD Cash (Grant based on Needs Exceeding Income)
SNAP: 1 Adult (PM 03-01-03-f: Noncitizen Who Has Not Lived in the US for 5 Years)
Medical EDGs:
- AABD Medical (under VAWA) = Adult
Scenario #5
HH Comp: 1 Adult / 2 Children (8 and 4)
Programs Requested: All
Tax Filer Status (Medical): No and No Child is a Tax Dependent
USCIS Status:
- Adult Pending Petition under VAWA
- Children (US Citizens - Not DFMs on VAWA Petition)
Expected Outcome:
Cash: TANF (VAWA) EDG = 1 Adult / 2 Children (8 and 4)
Food Assistance: SNAP for 2 Children (PM 03-01-03-f: Noncitizen Who Has Not Lived in the US for 5 Years)
Medical EDGs:
- FamilyCare = Adult
- AK Assist = 2 Children
Eligibility and Benefit Amount
Note: Implementation of SF VAWA Cash and Medical program logic will be implemented in IES later in 2025 due to the IES Release Schedule. Until IES is programmed to handle the SF VAWA Cash program, the SF VAWA Cash benefits will be processed and issued under a TANF EDG. Further information will be published upon completion of IES updates. A new report has been created to identify this population.
Upon approval, cash benefits issued under the SF VAWA Cash program are subject to the same 30-day wait as TANF benefits.
Budgeting is the process of using income minus allowable deductions to determine a SF VAWA Cash unit's eligibility and benefit amount. See PM 08-01-00: Temporary Assistance for Needy Families income policy for specific guidance on the types of income and deductions.
See PM 10-02-00: Budgeting for details on the budgeting process until IES implementation later in 2025.
Redetermination Process
A redetermination includes proving eligibility factors that show an ongoing need for cash benefits. A redetermination of eligibility for benefits under the SF VAWA Cash program must be completed every 12 months.
For SF VAWA Cash households, a redetermination is completed every 12-months.
SF VAWA Cash households are designated as Change Reporters and are required to report within 10 days of learning of any change to income, family size or number of persons in the household.
The IL444-1893 - Medical, Cash and SNAP Redetermination Notice is systematically generated and mailed by IES 60 days prior to the certification end date.
Example: If the last day of the certification period is 11/30/2024, the Notice is mailed 10/01/2024.
The redetermination is due by the 15th day of the final month in the certification period to be considered timely.
The Cash EDG will not close if the redetermination is marked as received by cut-off in the final month of the certification period.
For a customer's redetermination to be processed, the customer must:
- appear for the face-to face interview scheduled for the redetermination;
- provide all requested verifications within 10 calendar days of the date requested; and
- meet all other factors of eligibility.
An SF VAWA household loses its right to ongoing benefits if they fail to meet any of the requirements. Deny the SF VAWA Cash benefits at redetermination if the household fails or refuses to cooperate in the redetermination process.
Receipt of Redetermination
Timely
Consider the application timely when filed by the 15th day of the last fiscal month of the certification period. If the redetermination is received timely and the household remains eligible, issue benefits for the new approval period with no interruption in benefits.
Untimely
Received Untimely and Prior to End of Certification Period
When a Cash redetermination is received after cut-off in the last month of the certification period, it is considered untimely.
If the redetermination is received after cut-off but before the end of the last month in the certification period, if eligible, benefits will continue with no lapse in payment however the initial payment may not be issued by the regular payment issuance date.
Received Untimely and After End of Certification Period
If the redetermination is received after the end of the certification period and by the 30th day after the end of the certification period, reopen the case and prorate benefits from the date the redetermination was submitted.
If the redetermination is received after the 30th day after the end of the certification period, a new application is needed.
Appeal Rights
Persons applying for or receiving SF VAWA Cash assistance are entitled to appeal rights as described in PM 01-07-00: Appeal Rights and Fair Hearings.
Upon approval, cash assistance benefits issued under the SF VAWA Cash program are subject to the 30-Day wait.
If the principal victim no longer meets the SF VAWA Cash program eligibility criteria, the principal victim and his or her derivative family members must be evaluated for cash and food assistance under other programs.
Cash benefits under the SF VAWA Cash program may be provided for 12 months or for a longer period of time if certain criteria are met.
System Changes and Processing in IES
Applications received from VAWA individuals should be processed in the FCRC where the customer resides unless office of choice is enacted.
When entering individuals as DFMs for the SF VAWA programs, the DFMs should NOT be added to the Individual - Derivative Family Member - Details page in IES. The DFM page in IES contains logic for the VTTC program and will be updated with future enhancements to handle DFMs for other programs including VAWA.
Until program logic is updated in IES, the following guidance is issued to assist with the processing of applications for this program. For each individual verified to have a VAWA status should be entered in IES on their own respective Non-Citizen - Details page as follows:
| IES Field Name |
IES Entry |
| Non-Citizen Admission Status |
Documented |
| Non-Citizen Type / Document |
Battered Alien - I-551 annotated with IB-1, IB-2, IB-3, IB-6, IB-7, IB-8 |
| Non-Citizen Type Verification |
Statement from Immigration (USCIS, SAVE or FDSH)
Note: If individual presents with another document with the Class of Admission for VAWA, that document type should be selected.
|
| US Date of Entry |
Most recent date individual arrived in the US from verified documents |
| Alien Registration Number |
A Number on verified documents |
| Non-Citizen is identified as Abused? |
Yes |
| Non-Citizen individual is living apart or planning to live apart because abused? |
Yes |
| Was abuse committed by Non-Citizen's spouse/parent? |
Yes |
| Abuse Verification |
USCIS document showing abused alien status |
[signed copy on file]
Dulce M. Quintero
Secretary, Illinois Department of Human Services
Elizabeth M. Whitehorn
Director, Illinois Department of Healthcare and Family Services
