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Exemption: Aid to aged, blind, disabled; public assistance

Citation: Stat. - 305 Ill. Comp. Stat. 5/11-3

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305 Ill. Comp. Stat. 5/11-3 :
Article XI. General Provisions Pertaining to Rights and Responsibilities of Applicants and Recipients (Refs & Annos)

5/11-3. Assignment and attachment of aid prohibited

� 11-3. Assignment and attachment of aid prohibited. Except as provided below in this Section and in Section 11-3.3, all financial aid given under Articles III, IV, V, and VI [FN1] and money payments for child care services provided by a child care provider under Articles IX and IXA [FN2] shall not be subject to assignment, sale, attachment, garnishment, or otherwise. Provided, however, that a medical vendor may use his right to receive vendor payments as collateral for loans from financial institutions so long as such arrangements do not constitute any activity prohibited under Section 1902(a)(32) of the Social Security Act [FN3] and regulations promulgated thereunder, or any other applicable laws or regulations. Provided further, however, that a medical or other vendor or a service provider may assign, reassign, sell, pledge or grant a security interest in any such financial aid, vendor payments or money payments or grants which he has a right to receive to the Illinois Finance Authority, [FN4] in connection with any financing program undertaken by the Illinois Finance Authority, [FN5] or to the Illinois Finance Authority, in connection with any financing program undertaken by the Illinois Finance Authority. Each Authority may utilize a trustee or agent to accept, accomplish, effectuate or realize upon any such assignment, reassignment, sale, pledge or grant on that Authority's behalf. Provided further, however, that nothing herein shall prevent the Illinois Department from collecting any assessment, fee, interest or penalty due under Article V-A, V-B, V-C, or V-E [FN6] by withholding financial aid as payment of such assessment, fee, interest, or penalty. Any alienation in contravention of this statute does not diminish and does not affect the validity, legality or enforceability of any underlying obligations for which such alienation may have been made as collateral between the parties to the alienation. This amendatory Act shall be retroactive in application and shall pertain to obligations existing prior to its enactment.
Last Amended: 2007
2007
Laws 1967, p. 122, � 11-3, eff. April 11, 1967. Amended by P.A. 83-193, � 1, eff. Aug. 31, 1983; P.A. 87-13, � 1, eff. July 24, 1991; P.A. 87- 842, � 2, eff. Jan. 29, 1992; P.A. 87-861, Art. 4, � 4-1, eff. July 8, 1992; P.A. 88-88, � 130, eff. July 14, 1993; P.A. 88-554, � 90, eff. July 26, 1994; P.A. 92-111, � 20, eff. Jan. 1, 2002; P.A. 93-205, Art. 890, �� 890-25, 890-40, eff. Jan. 1, 2004; P.A. 95-331, � 795, eff. Aug. 21, 2007.

2007 terminology changes

P.A. 93-205, Art. 890, � 890-25, twice deleted "Development" preceding "Finance Authority", while � 890-40 of the same Act, twice substituted "Illinois Finance Authority" for "Illinois Health Facilities Authority".
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