Illinois Compiled Statutes 305 ILCS 5/5-13.1 – Cost-effectiveness waiver, hardship waivers, and making information about waivers more accessible
Current as of: 2024 | Check for updates
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(a) It is the intent of the General Assembly to ease the burden of liens and estate recovery for correctly paid benefits for participants, applicants, and their families and heirs, and to make information about waivers more widely available.
(b) The Department shall waive estate recovery under Sections 3-9 and 5-13 where recovery would not be cost-effective, would work an undue hardship, or for any other just reason, and shall make information about waivers and estate recovery easily accessible.
(1) Cost-effectiveness waiver. Subject to federal
(b) The Department shall waive estate recovery under Sections 3-9 and 5-13 where recovery would not be cost-effective, would work an undue hardship, or for any other just reason, and shall make information about waivers and estate recovery easily accessible.
Terms Used In Illinois Compiled Statutes 305 ILCS 5/5-13.1
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) Cost-effectiveness waiver. Subject to federal
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approval, the Department shall waive any claim against the first $25,000 of any estate to prevent substantial and unreasonable hardship. The Department shall consider the gross assets in the estate, including, but not limited to, the net value of real estate less mortgages or liens with priority over the Department’s claims. The Department may increase the cost-effectiveness threshold in the future.
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(2) Undue hardship waiver. The Department may develop
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additional hardship waiver standards in addition to those already employed, including, but not limited to, waivers aimed at preserving income-producing real property or a modest home as defined by rule.
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(3) Accessible information. The Department shall make
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information about estate recovery and hardship waivers easily accessible. The Department shall maintain information about how to request a hardship waiver on its website in English, Spanish, and the next 4 most commonly used languages, including a short guide and simple form to facilitate requesting hardship exemptions in each language. On an annual basis, the Department shall publicly report on the number of estate recovery cases that are pursued and the number of undue hardship exemptions granted, including demographic data of the deceased beneficiaries where available.
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