Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 35. Virginia Independence Program

22VAC40-35-40. Diversionary assistance program eligibility criteria.

A. An assistance unit shall be eligible to receive diversionary cash assistance if:

1. Verification is provided to the local department of social services that the assistance unit has a temporary loss of income or delay in starting to receive income resulting in an emergency;

2. The assistance unit meets TANF requirements specified in § 63.2-617 of the Code of Virginia; and

3. The local department of social services determines that diversionary assistance will resolve the emergency.

B. The amount of assistance provided shall be up to the maximum TANF amount for 120 days that the family would otherwise be eligible to receive, or $1,500, whichever is greater. The amount of the payment is based on immediate needs of the applicant. Local agencies shall strive to provide the most cost-effective solution to the one-time emergency.

C. If an assistance unit receives a diversionary assistance payment, all assistance unit members shall be ineligible for TANF for 1.33 times the number of days for which assistance is granted, beginning with the date that the diversionary assistance is issued.

D. An assistance unit shall be eligible to receive diversionary assistance once in a 12-month period.

E. Receipt of diversionary assistance is voluntary.

F. Local social services agencies shall determine eligibility for diversionary assistance within five working days of the receipt of the final verification that substantiates eligibility, or within 30 days of the date of the receipt of the signed application, whichever occurs first.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 45 CFR 261.22.

Historical Notes

Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 25, Issue 19, eff. July 1, 2009; Volume 25, Issue 23, eff. August 19, 2009; Volume 30, Issue 20, eff. July 18, 2014; Volume 37, Issue 2, eff. October 15, 2020.

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