Administrative Code

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

22VAC40-35-80. Participant eligibility.

A. The following individuals shall be exempt from mandatory participation in VIEW:

1. Any individual, including all minor caretakers, under 16 years of age.

2. Any individual at least 16 but no more than 19 years of age who is enrolled full time in elementary or secondary school, including career and technical education programs. The career and technical education program must be equivalent to secondary school. Whenever feasible, such recipients should participate in summer work.

3. Any individual unable to participate because of a temporary medical condition that prevents entry into employment or training. Such individuals must provide to the local department a written statement from a physician to specify that he is incapacitated, the nature and scope of the incapacity, and the duration of the incapacity.

4. Any individual who is receiving Social Security Disability Benefits or Supplemental Security Income.

5. Any individual who is the sole caregiver of another member of the household who is incapacitated, and whose presence is essential for the care of the other member on a substantially continuous basis. Incapacity is determined by receipt of Social Security Disability Benefits, Supplemental Security Income, or a written medical statement from a physician.

6. Any individual who is age 60 or older.

7. A parent of a child under 12 months of age who personally provides care for the child. A parent exempt from mandatory participation in VIEW shall be exempt for no more than 12 months for this reason. Months during which a person is exempt may be consecutive or nonconsecutive. A parent of a child not considered part of the TANF public assistance unit due to the provisions listed in § 63.2-604 of the Code of Virginia may be granted a temporary exemption of not more than six weeks after the birth of such child.

B. Nonparents who receive TANF shall participate in VIEW if not otherwise exempt.

C. Pregnant women shall participate in VIEW if not otherwise exempt. Pregnant women shall be assigned to job readiness, training, and educational activities during the last trimester of pregnancy.

D. TANF recipients who meet an exemption from participation in VIEW may volunteer for the program.

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 23, Issue 23, eff. September 1, 2007; Volume 25, Issue 19, eff. July 1, 2009; Volume 30, Issue 20, eff. July 18, 2014.

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