~ JESSE LEE B ROWN, et d.,Claimants, 2). THE STATE OF h,LINOIS, Respondent.
Case summary
Claimants sought AFDC benefits they were entitled to between April 1980 and March 17, 1982, but did not receive due to protracted federal litigation. The court awarded $10,078.30 because the appropriation had lapsed and the obligation would have been paid in the regular course of business.
Statutes cited: Ill. Rev. Stat. 1981, ch. 23, par. 4-1 et seq.
Cases cited: Simpson v. Miller, 535 F. Supp. 1041 (N.D. Ill.)
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- LAPSED APPROPRIATIONS-AFDC benefits-awar
~ JESSE LEE B R OWN, et d.,Claimants, 2). THE STATE OF h,LINOIS, Respondent.
I Opinion filed July 25,1984.
I
I
and .D IANE REDLE
AVIVA FUTORIAN
NEIL F. HARTIGAN, Attorney G
SKLAMBERG, Assistant Attorney General, o Respondent.
LAPSED APPROPRIATIONS-AFDC benefits-awar have been paid, except for protracted State from acknowledging the o appropriated funds.
cents ($10,078.30),are for recovery of benefits to which the named Claimants..w.ere..entitledbetween April 1980, and March 17,1982, but did not receive, under the Aid to Families with Dependent Children (AFDC) program of the Illinois Department of Public Aid. The joint stipulation is preceded by and predicated upon a U.S. district court decision in litigation entitled Simpson v .
Miller, 535 F. Supp. 1041 (N.D. Ill.). This expenditure is authorized in article IV of the Public Aid Code (Ill. Rev.
Stat. 1981, ch. 23, par. 4-1 et seg.).
[*296] The amount due would have been paid in the regular course of business had the obligation been acknowledged by Respondent at the appropriate time.
Such acknowledgment was not then possible because of protracted Federal court litigation, and Claimants could not be timely notified of their right to file claims until recently. By then, the appropriation of funds with which the Department of Public Aid would ordinarily pay such claims had lapsed.
The sole reason said obligation was not previously paid is the present nonavailability of State funds appropriated to the Department for the period in which this debt was incurred.
Money was appropriated under line items:
AFDC 001-47801-4400-02-00 FY’80
AFDC 001-47801-4400-02-00 FY’81
AFDC 001-47801-4400-02-00 FY ’82
A sufficient amount lapsed to cover this claim.
It is therefore ordered that Jesse Lee Brown et al., be and are hereby each awarded the sums specified in the parties’ joint stipulation, for an aggregate amount of ten thousand seventy-eight dollars and thirty cents ($10,078.30).