Virginia Law

A. With respect to a dependent child, the assistance unit shall include, if living in the same household and otherwise eligible for assistance:

1. The natural or adoptive parent; and

2. The blood-related or adoptive brother or sister, including those emancipated.

B. The following child is not included in the assistance unit:

1. A child who is receiving Supplemental Security Income;

2. A child who is ineligible due to failure to meet alienage requirements;

3. A child whose social security number has not been provided or application has not been made for such social security number.

4. A child receiving an adoption assistance payment or a foster care maintenance payment. However, if excluding a child who is receiving an adoption assistance payment reduces the TANF benefit to the remaining family members, the child must be included.

C. A caretaker who meets all other eligibility requirements must be considered eligible to receive TANF benefits for his own needs even though the only child living in the caretaker's home is receiving foster care maintenance payments or Supplemental Security Income. In determining assistance for this assistance unit, the needs and income of the child who receives foster care maintenance or Supplemental Security Income must not be considered.

D. A nonparent caretaker may receive assistance if he requests assistance and his countable income, when added to the countable income of the eligible children, does not exceed income limits.