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37 Ill. Ct. Cl. 295

Brown v. State

Court of Claims of Illinois

Decided July 25, 1984

Court of Claims of Illinois · decided 1984-07-25

Relies on 535 F. Supp. 1041 - Simpson v. Miller

Decided 1984-07-25

Roe, C.J.

¶1This cause, coming on to be heard on the joint stipulation of the parties hereto, the Court being fully advised in the premises, finds:

¶2That the multiple-party group of Claimants listed herein consists of 17 Claimant seeking individual awards of varying amounts. These claims, in the aggregate amount of ten thousand seventy-eight dollars and thirty cents ($10,078.30), are for recovery of benefits to which the named Claimants were entitled between 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 seq.).

¶3The 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.

¶4The 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.

¶5Money 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

¶6A sufficient amount lapsed to cover this claim.

¶7It is therefore ordered that Jesse Lee Brown et dl., 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).

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