Sec. 7-85. Assumption of increase in future income.

399 words·~2 min read·/il/chapter-110/act-992/7-85

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If a consumer fails to provide income documentation as reasonably required by an EISA, an EISA provider may assign an amount of income to the consumer and compute the consumer's monthly payment amount by any of the following methods, to the extent disclosed in the EISA:

(1)assigning an income amount obtained from a reasonably reliable third party or a

credit reporting agency;

(2)if the consumer previously provided income documentation or has had an income

assigned in the prior 12-month period that has increased by an amount not to exceed 10%, but such increase may not be applied more than once per 12-month period;

(3)contacting the Department of Revenue or the Internal Revenue Service to obtain the

most recent information available about the student's income; or

(4)assigning a reasonable qualified income based on the incomes of the nearest

reasonably relevant quantile of income of consumers who attended the same or a reasonably comparable covered educational program or course of study, as determined by information published by the Bureau of Labor Statistics or other reasonably reliable publicly available data sources.

(b)If an EISA provider assigns an income to a consumer's EISA, then it shall notify the consumer in the monthly billing statement, and in each billing statement thereafter while the assigned income remains applicable to the consumer's EISA, that income has been assigned and of the consumer's rights under this Section.

(c)If the consumer does provide income information as reasonably required by the EISA within one year of the date on which the EISA provider notified the consumer that assigned income will be applied to the EISA, then, within 15 days after the EISA provider's receipt of such information, the EISA provider shall update each prior instance in which assigned income was applied using the income information provided by the consumer; if the consumer provides income information more than one year after the EISA provider first assigned income to the consumer's EISA, then the EISA provider may, but is not obligated to, update each prior instance in which assigned income was applied using the income information provided by the consumer.

(d)An EISA provider that assigns income to an EISA shall retain all applicable records relating to the method and data sources used to make such estimation for 3 years after the end of that EISA.