Wilkins v. State, Dept. of Public Aid
| Decision Date | 21 March 1972 |
| Docket Number | No. 43706,43706 |
| Citation | 51 Ill.2d 88,280 N.E.2d 706 |
| Parties | Queen Esther WILKINS, Appellant, v. STATE of Illinois, DEPARTMENT OF PUBLIC AID, et al., Appellees. |
| Court | Illinois Supreme Court |
Mark B. Epstein, of Northwestern Legal Assistance Clinic, Chicago, for appellant.
William J. Scott, Atty. Gen., Springfield, , for the People.
Plaintiff, Queen Esther Wilkins, seeks review of a judgment of the circuit court of Cook County affirming an administrative decision of the Illinois Department of Public Aid which denied her application for retroactive benefits under the Federal Food Stamp Act of 1964 (7 U.S.C. secs. 2011--2025.)
The broad purpose of the food stamp program established by the Federal Food Stamp Act of 1964 is to raise levels of nutrition among low-income households by increasing their food purchasing power. The program is funded by the Federal government although portions of the costs of administration are borne by the States which administer the program at the local level. In Cook County, where plaintiff resides, the program is administered by the Cook County Department of Public Aid under the supervision and direction of the Illinois Department of Public Aid. Rules and regulations of the United States Department of Agriculture govern all phases of administration of the program, including standards for determining eligibility for participation. Before a household may be issued food stamps, it must first be 'certified' as eligible by the State agency administering the program. After certification, the household receives periodic allotments authorizing the purchase of food stamps of a certain value at a reduced cost. For example, an eligible household may receive authorization to purchase for $100 food stamps having a face value of $150. Approved retail stores accept the stamps at face value in payment for groceries.
Plaintiff filed a notice of appeal for an administrative hearing before the Illinois Department of Public Aid, complaining, among other things, of the failure of the Cook County Department of Public Aid to certify her household as eligible for participation in the Federal food stamp program despite her requests for such certification. At the hearing the plaintiff asked not only that her household be certified for food stamps but also that she be awarded the bonus value of the food stamps to which she would have been entitled had her request for food stamp certification been properly processed in the first instance. In its decision the Illinois Department of Public Aid held that plaintiff had established that her household was eligible for food stamps, and the Cook County Department of Public Aid was directed to so certify her family. However, her prayer for retroactive benefits was denied on the ground that 'there is no provision in the Rules and Regulations of the United States Department of Agriculture governing the Food Stamp Program which would permit the issuance of the food stamp bonus on a retroactive basis.' On appeal under the Administrative Review Act (...
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