Administrative Code

Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
4/5/2020

Chapter 35. Virginia Independence Program

22VAC40-35-5. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; repealed, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

Part I
General Provisions

22VAC40-35-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Actively seeking employment" means satisfactorily participating in any assigned job-seeking activity while in the program.

"Adult portion" means the TANF amount paid on behalf of the parent or other caretaker-relative with whom the TANF child resides, including a minor parent. This amount is the difference in the standard of assistance for a family size, which includes the adult and the standard of assistance for a family size of one less person.

"Agreement" means the written individualized agreement of personal responsibility required by § 63.2-608 of the Code of Virginia.

"Allotment" means the monthly SNAP benefit given to a household.

"Applicant" means a person who has applied for TANF or TANF-UP benefits and the disposition of the application has not yet been determined.

"Assistance unit" means those persons who have been determined categorically and financially eligible to receive assistance.

"Caretaker-relative" means the natural or adoptive parent or other relative, as specified in 45 CFR 233.90(c)(1)(v), who is responsible for supervision and care of the needy child.

"Case management" means the process of assessing, coordinating, monitoring, delivering, or brokering activities and services necessary for VIEW participants to enter employment or employment-related activities as quickly as possible.

"Case management services" means services that include, but are not limited to, job development and job placement, community work experience, education, skills training, and support services.

"Case manager" means the worker designated by the local department of social services, a private-sector contractor or a private community-based organization including nonprofit entities, churches, or voluntary organizations that provide case management services.

"Child care" means those services for which a participant is eligible pursuant to child care services policy.

"Child care services/program" means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of children under the age of 13 (or children up to 18 years of age if they are physically or mentally incapable of caring for themselves or subject to court supervision) for less than a 24-hour period.

"Community work experience" means work for benefits in a public or private organization that serves a community/public function.

"Department" means the Virginia Department of Social Services.

"Diversionary cash assistance" means a one-time lump sum payment to an individual or third-party vendor to prevent long-term receipt of TANF.

"Division of Child Support Enforcement" or "DCSE" means that division of the Virginia Department of Social Services that is responsible under Title IV-D of the Social Security Act (42 USC §§ 651-669) to locate noncustodial parents, establish paternity, establish child support and health care orders, enforce payment of delinquent support, and collect and distribute support payments.

"Employer tax credit" means a tax credit available to an employer pursuant to § 58.1-439.9 of the Code of Virginia.

"Family" means a TANF assistance unit.

"Full Employment Program" or "FEP" means subsidized, training-oriented, employment that replaces the TANF benefits of a participant. This component of VIEW is designed to train the recipient for a specific job, increase his self-sufficiency, and improve his competitiveness in the labor market.

"Grant" means the monthly TANF benefit payment.

"Hardship exceptions" means prescribed reasons that, if applicable, would allow an extension of receipt of TANF benefits.

"He" means a male or female, as applicable.

"Hiring authority" means an individual with the authority to hire employees for a business.

"In loco parentis" means an adult relative or other adult who is acting in place of a parent.

"Incapacitated" means a medically verified condition which renders an individual unable to work.

"Job placement" means placing a participant in an unsubsidized or subsidized job.

"Job search" means a structured, time-limited period in which the participant is required to search for employment. The participant must complete a set number of hours searching for employment.

"Job skills training" means training in technical job skills or required knowledge in a specific occupational area in the labor market.

"Local agency" or "local department" means any one of the local social services or welfare agencies throughout the Commonwealth that administers the VIP program.

"Minor parent" means any parent under 18 years of age.

"On-the-job training" means training that is provided by an employer during routine performance of a job.

"Parent" means a mother or father, married or unmarried, natural, or adoptive following entry of an interlocutory order. The parent may be a minor parent.

"Participant" means a TANF or TANF-UP recipient who is participating in the VIEW program.

"Participating family" means an assistance unit including a parent who participates in the Virginia Initiative for Employment not Welfare (VIEW) Program.

"Part-time unsubsidized employment" means employment of at least 10 hours but less than 30 hours per week and for which no VIEW or TANF funds are used to pay the individual's salary.

"Post-secondary education" means formal instruction at an institution of higher education or vocational school leading to the attainment of a certificate, an associate degree, or a baccalaureate degree.

"Recipient" means an individual who is presently receiving a TANF assistance payment or whose eligibility exists even though the assistance payment is zero.

"Recipient family" means an assistance unit in which the caretaker-relative is a parent of the eligible child and the parent's needs may or may not be included on the grant.

"Relative" means spouse, child, grandchild, parent, or sibling of an applicant or recipient.

"Sanction" means to reduce or suspend a participant's TANF grant, where applicable, for noncompliance with these regulations or the statute.

"School" means (i) any public school from kindergarten through grade 12 operated under the authority of any locality within this Commonwealth or (ii) any private or parochial school that offers instruction at any level or grade from kindergarten through grade 12.

"Supplemental Nutrition Assistance Program" or "SNAP" means the program administered through the Virginia Department of Social Services through which a household receives assistance to purchase food.

"Support services" means services such as child care or transportation provided to program participants to enable the participant to work or to receive training or education that are intended to lead to employment.

"Temporary Assistance for Needy Families" or "TANF" means the program authorized in § 406 of the Social Security Act (42 USC § 606) and administered by the Virginia Department of Social Services, through which a relative can receive monthly cash assistance for the support of his eligible children.

"Temporary Assistance for Needy Families-Unemployed Parent" or "TANF-UP" means the program authorized in § 63.2-602 of the Code of Virginia and administered by the Virginia Department of Social Services, which provides aid to two-parent families with dependent children who are in financial need.

"Time limitations" means a specified period of time, under the statute, to receive TANF.

"Transitional support services" means child care, transportation, medical assistance or employment and training services provided to working participants whose TANF has been terminated either voluntarily, although still eligible for TANF, or involuntarily, due to time limitations.

"Truant" means a child who (i) fails to report to school for three consecutive school days, or for a total of five scheduled school days per month or an aggregate of seven scheduled school days per school calendar quarter, whichever occurs sooner, and no indication has been received by school personnel that the child's parent or guardian is aware of the child's absence, and a reasonable effort by school personnel to notify the parent or guardian has failed; or (ii) is not enrolled in school at any time during the month.

"Underemployed" means working at a job for less than the federal hourly minimum wage.

"Unsubsidized employment" means employment in which no government funds are used to subsidize directly the wages earned by a participant.

"Virginia Independence Program" or "VIP" means the program in the Commonwealth of Virginia that is made up of the TANF Program and the Virginia Initiative for Employment not Welfare.

"Virginia Initiative for Employment not Welfare" or "VIEW" means the employment program for TANF recipients.

"Work activity" means participation in unsubsidized employment, FEP, part-time work, community work experience, on-the-job training, job search, job readiness, community service, job skills training directly related to employment, satisfactory attendance at secondary school, or in a course of study leading to a certificate of general equivalence.

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 15, Issue 6, eff. January 6, 1999; Volume 17, Issue 5, eff. December 20, 2000; Volume 17, Issue 10, eff. February 28, 2001; Volume 23, Issue 23, eff. September 1, 2007; Volume 25, Issue 19, eff. July 1, 2009; Volume 30, Issue 20, eff. July 18, 2014.

Part II
Eligibility Requirements

22VAC40-35-20. Cooperation in obtaining support.

A. As a condition of eligibility, each applicant for or recipient of TANF shall be required to cooperate (unless good cause for refusing to do so is determined to exist in accordance with federal regulations at 45 CFR 232.40 through 232.43). Cooperation shall mean all of the following actions necessary for the identification and location of noncustodial parents and the establishment and collection of child support owed to the person applying for or receiving public assistance:

1. Identifying the parent of a child for whom aid is requested. The applicant or recipient shall provide, under penalty of perjury, the first and last name of the individual against whom paternity or an obligation to provide support is sought to be established, modified, or enforced. If the applicant or recipient is not certain of the child's paternity, he shall identify all individuals with whom the mother had sexual intercourse who may be the father.

2. Providing, under penalty of perjury, additional informational items sufficient to verify the parent's identity including, at a minimum, three of the following: the noncustodial parent's social security number; race; date of birth; place of birth; telephone number; address; schools attended; occupation; employer; driver's license number; make and model of motor vehicle; motor vehicle license plate number; places of social contact; banking institutions utilized; and names, addresses or telephone number of parents, friends, or relatives.

3. Appearing at an office of the local social services agency or the Division of Child Support Enforcement as necessary to provide verbal or written information or documentary evidence known to, possessed by, or reasonably attainable by the applicant.

4. Appearing as a witness at judicial or administrative hearings or proceedings.

B. If the caretaker-relative is not a parent of the child for whom aid is requested or received, subdivisions A 1 and 2 of this section shall not be required.

C. If the parent is unsure of the identity of the father of the child, she is to name all potential persons who may be the father of the child. The Division of Child Support Enforcement will provide paternity testing for up to five potential fathers at its expense. After five potential fathers have been tested, the parent must assume full responsibility for any additional testing. If the parent fails or refuses to pay for further paternity testing, this will be considered to be noncooperation.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

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.

22VAC40-35-30. Cooperation in establishing paternity.

A. As a condition of eligibility, the caretaker-relative shall cooperate, as defined in 22VAC40-35-20, with the Division of Child Support Enforcement (DCSE) and the local department of social services in establishing paternity.

B. If the caretaker-relative does not cooperate, the adult portion of the grant shall be denied or terminated until the individual has disclosed the required information.

C. If, after six months of receipt of TANF, paternity has not been established and the local department determines that the caretaker-relative is not cooperating in establishing paternity, the local department shall terminate the entire grant for a minimum of one month and until cooperation has been achieved. An individual whose TANF case was terminated due to such noncooperation must cooperate and file a new application for TANF to receive further benefits.

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 30, Issue 20, eff. July 18, 2014.

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. 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.

22VAC40-35-50. School attendance.

A. The Virginia Department of Social Services shall develop procedures with the Department of Education to receive notification from local school divisions of any student who is truant. If notification is received from another source, the local department shall verify such truancy by contacting the school.

B. When verified by the school of such truancy, the local social services department shall do the following:

1. The local department shall send a written notice to the caretaker-relative advising him that the truant recipient is in jeopardy of losing eligibility for TANF benefits. The caretaker-relative must contact the local department within five days of the notice to cooperate in developing a plan to achieve compliance with compulsory school attendance laws. The notice must also specify that failure to contact the local department may result in the truant recipient's ineligibility for TANF due to noncooperation.

2. If the caretaker-relative fails to respond within five days of the notice, the local department shall make a personal contact which may include a direct telephone contact with the caretaker-relative to explain the requirement to develop a plan to return the child to school and the result of not cooperating with the requirement.

3. If the local department is unable to make personal contact, the local department shall mail a written advance notice of proposed action to the caretaker-relative advising that TANF benefits will be reduced if the caretaker-relative fails to contact the local department to develop a plan to return the child to school.

C. If the local department of social services denies or terminates TANF for noncompliance, the caretaker-relative shall notify the local department in writing of the truant individual's compliance with this section and file a new application for TANF. The local department shall verify compliance by contacting the school.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

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.

22VAC40-35-60. Minor parent residency requirement.

A. To be eligible to receive TANF, a minor parent shall reside in the home maintained by his parent or person standing in loco parentis unless he meets the good cause exception outlined in subsection B of this section. The local department shall ensure that the following priority order for the minor parent's living arrangements is considered: in a home maintained by a parent, other adult relative, legal guardian, or other adult determined by the department to be acting in place of a parent.

B. The minor parent residency requirement shall not apply if the local department of social services determines, by clear and convincing evidence, that the physical or emotional health or safety of the minor parent or his dependent child would be jeopardized if the minor parent and dependent lived in the same residence with the minor parent's parent or person standing in loco parentis. Such a claim shall be corroborated by evidence such as court, medical, criminal, child protective services, psychological, or law-enforcement records.

C. The local department of social services shall maintain a list of available housing to be used to refer a minor parent who is in need of an adult-supervised supportive living arrangement. If the local department of social services makes a referral, it will be deemed that the local department has made diligent efforts to locate such housing.

D. As a condition of eligibility, the minor parent shall reside at the local housing to which he is referred by the local department.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

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.

22VAC40-35-70. Limitation on TANF benefits.

A. A recipient family is not entitled to an increase in TANF benefits if the mother of such recipient family gives birth to an additional child during the period of the family's eligibility for financial assistance.

B. Applicants for TANF financial assistance shall receive notice of the provisions of this section at the time of application. At application or redetermination, such applicant or recipient shall sign a notification acknowledging that they have read and understand the notice.

C. The provisions of this section shall not apply to a child born or adopted during the 10 months following the implementation effective date nor to a child born or adopted during the 10 full calendar months following the month in which the initial assistance check is issued.

D. The provisions of this section shall apply equally to recipient families who adopt a child except that the provision shall be applied using the date of entry of the interlocutory order instead of the child's birthdate.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

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.

Part III
Virginia Initiative for Employment Not Welfare (VIEW)

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.

22VAC40-35-90. Services.

A. The participant shall have the primary responsibility to arrange transportation to be employed or participate in activities required by the Agreement of Personal Responsibility. Transportation shall be provided only when the participant is unable to make the necessary arrangements.

B. The local departments may provide those services itemized in § 63.2-611 B of the Code of Virginia.

C. Transitional employment and training services shall be through the VIEW program to certain individuals.

1. Transitional employment and training services can be provided if the following criteria are met:

a. The individual is already employed or the provisions of the employment and training services would allow the individual to become reemployed within 60 days.

b. The activities are designed to maintain employment income, increase employment income or prevent the loss of employment income by the participant.

c. The individual had been enrolled in the VIEW program.

d. The TANF case of which the individual was a member is closed.

e. The case had not been in a VIEW sanction at the time of closure.

f. The individual has not completed an associate degree or four-year degree.

2. The individual can only receive up to 12 months of transitional employment and training services available through the VIEW program.

3. The individual shall enroll in an activity which can be completed within the 12-month time period.

4. An individual can only be enrolled in an activity if approved by a VIEW employment services worker.

5. Individuals may be enrolled only in education and training activities for which there are jobs in the community or jobs are projected to become available in the community.

6. Continued enrollment in education and skills training activities is dependent upon meeting the satisfactory progress requirements for participation in these activities.

a. For education below the post-secondary level (Adult Basic Education and General Equivalency Diploma), the individual must obtain one grade level increase every three months.

b. For certificate and job skills training activities, the participant must meet the satisfactory progress requirements of the institution providing the training.

7. Participants shall not be assigned to FEP (Full Employment Program).

D. A VIEW participant shall be eligible for a transitional job retention assistance payment of $50 per month for up to one year after the end of TANF cash assistance. To qualify the participant shall:

1. Be employed at the end of TANF cash assistance;

2. Maintain employment of at least 30 hours per week; and

3. Provide verification of earnings and continued employment of at least 30 hours per week.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 17, Issue 10, eff. February 28, 2001; Volume 23, Issue 23, eff. September 1, 2007; Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-100. VIEW activities.

A. VIEW recognizes that parents have the obligation to support their children through employment.

B. VIEW shall recognize clearly defined responsibilities and obligations on the part of public assistance recipients. VIEW shall require an Agreement of Personal Responsibility and the obligation to seek and obtain employment. Refusal to sign the Agreement of Personal Responsibility shall result in termination of TANF. The Agreement of Personal Responsibility shall be written for each nonexempt participant specifying, among other applicable requirements, the following:

1. The participant's obligations and responsibilities:

a. That it is the participant's responsibility to seek employment to support his own family.

b. That it is the participant's responsibility to participate in assignments made by the case manager.

c. That it is the participant's responsibility to notify the case manager of any change in the participant's circumstances that would impact the participant's ability to satisfactorily participate in the program.

d. That it is the participant's responsibility to accept offers of suitable employment. Refusal to accept offers of suitable employment will result in the loss of the participant household's TANF.

e. That it is the participant's responsibility to arrange and find transportation and child care. The agency will provide for transportation and child care, to the extent funding is available, only when the participant is unable to make his own arrangements.

2. Explanation of the two-year time limit.

C. Modification of the Agreement of Personal Responsibility shall not impact or change the two-year time limit for receipt of TANF benefits.

D. A VIEW participant who does not meet an exemption shall be required to participate in a work activity. The department shall ensure that participants are assigned to one of the following employment categories after TANF eligibility determination and entry into the VIEW program:

1. Unsubsidized private sector employment (full-time, part-time, or temporary) is the preferred employment category. A participant shall be required to accept any offers of suitable employment as defined in § 60.2-618 of the Virginia Unemployment Compensation Act.

2. Subsidized employment as follows:

a. The department shall conduct a work activity that shall be known as the Full Employment Program (FEP), which shall replace TANF benefits with subsidized employment.

b. The local department, employer, and the full employment participant shall sign a written agreement. At the expiration of this full employment agreement or when the participant leaves FEP, he will be reassessed and a modified Activity and Service Plan will be developed to reassign the participant to an appropriate employment category.

c. The employer is reimbursed for the wages paid to the participant up to the value of the participant's TANF benefits as contained in the agreement signed between the department and the employer.

(1) The employer subsidy will be based on the actual hours the participant works.

(2) The value of the participant's TANF benefits will be based on the benefits received over the period of assignment to a Full Employment Program placement.

3. Community work experience.

a. The participant can be placed into community work experience. Job placements shall serve a useful public purpose as provided in § 482 (f) of the Social Security Act (42 USC § 682 F).

b. The department and local departments shall work with other state, regional, and local agencies and governments in developing job placements. Placements shall be selected to provide skills that will make the participant more employable and serve a public function. Participation in community work experience shall be for an initial period of six months. Program participants shall not displace regular workers.

c. At the expiration of the community work experience assignment or when the participant leaves community work experience, he will be reassessed and a modified Activity and Service Plan will be developed to reassign the participant to an appropriate employment category.

d. There shall be no sick leave benefit attached to this component since participants work in exchange for their TANF and SNAP benefits. Participants who are ill or incapacitated will continue to receive their benefits.

4. In order to be considered a work activity in VIEW, on-the-job training must be provided by an employer. This is typically employer-required unpaid training by an employer that must be completed before an individual will be hired.

E. Other VIEW activities include:

1. Education.

a. Education may only be provided in conjunction with work-related activities during the participant's two-year time period.

(1) Educational activities can be substituted for community work experience hours during the participant's initial six-month placement in community work experience. The participant must be engaged in community work experience for at least 20 hours per week in addition to the educational activities. After six months of participation in community work experience, the number of hours required in the work activity can be reduced to allow participation in education to further the participant's employability.

(2) Participants who enroll into education or training programs prior to coming in VIEW shall be required to meet the requirements of the program.

b. Post-secondary education. Participants assigned to post-secondary education should have demonstrated the capability to successfully complete the educational activity in the prescribed time period in an occupational area for which there is demand in the community.

2. Job skills training may only be provided in conjunction with work-related activities during the participant's two-year time period. The choice of occupational skills training offered will vary in each jurisdiction depending upon local labor market conditions. However, skills training must be related to the types of jobs that are available or are likely to become available in the community.

3. Job search and job readiness.

4. Community service.

5. Vocational education.

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.

22VAC40-35-110. Sanctions.

Local departments of social services shall be authorized to sanction participants in the TANF Program up to the full amount of the TANF grant for noncompliance, without good cause as defined by the State Plan, as follows:

1. A participant assigned to the Full Employment Program who does not work the required hours will only be paid for the actual hours worked. Participants that are terminated from FEP by the employer due to problems with attendance or performance or both will be sanctioned the full amount of the TANF grant.

2. A recipient assigned to VIEW who is determined to be in noncompliance with the VIEW Program shall be sanctioned as follows:

a. For the first offense, the full amount of TANF benefits for the family shall be suspended for at least one calendar month or until the individual complies with the program requirements, whichever is longer.

b. For the second offense, the full amount of TANF benefits for the family shall be suspended for at least three calendar months or until the individual complies with the program requirements, whichever is longer.

c. For the third or subsequent offenses, the full amount of TANF benefits for the family shall be suspended for at least six calendar months or until the individual complies with the program requirements, whichever is longer.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

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.

22VAC40-35-120. Hardship exceptions.

A. In certain circumstances, hardship exceptions may be made to the time limitations for receipt of TANF benefits. A request for a hardship exception may be made by an individual who is either a current VIEW participant in the 60-day period prior to the closure of the TANF case due to the receipt of 24 months of TANF benefits or a former VIEW participant in the period of ineligibility following the receipt of 24 months of TANF benefits. If the participant requests a hardship exception, the local department shall make an evaluation of participation while in VIEW and, if applicable, the period of ineligibility after VIEW participation. This evaluation will determine if a hardship exception may be granted to allow the participant to continue receiving TANF and to continue to participate in VIEW after the receipt of 24 months of TANF benefits. Once a participant has exhausted the time limit extended to him under a hardship exception, he may not apply for another extension based upon the same hardship.

A participant is not eligible for a hardship exception unless he has complied with the requirements of the program, which are satisfactory participation in assigned program activities, not having been sanctioned more than once during the two-year period for failing to comply with the requirements of the program, and not leaving a job, without good cause as defined by the State Plan, at any time during the program. Former participants will not be eligible for a hardship exception unless the individual has complied with the requirements of the program while in VIEW and has not lost employment as a result of factors unrelated to his job performance since entering the period of ineligibility. Factors unrelated to job performance are defined as those situations in which the Virginia Employment Commission would determine that the individual would be eligible for unemployment compensation if the participant had worked sufficient hours to qualify.

B. If the above criteria are met, a hardship exception may be granted by the local agency for up to one year if one of the following conditions exists:

1. If the unemployment rate in the participant's locality for the two most recent quarters for which data is available from the Virginia Employment Commission prior to the individual's request for a hardship exception was 10% or greater. In order to qualify for this exception the participant must also be actively seeking employment as defined in § 60.2-612 of the Code of Virginia.

2. If extension of benefits for up to one year will enable a participant to complete employment-related education or training and the participant had been making satisfactory progress per program requirements.

Participants granted a hardship exception under this subsection shall be reevaluated at least every 90 days to determine if a basis for the hardship exception continues to exist. If a hardship exception is granted, the participant must continue to participate in the program and work activities.

C. A hardship exception shall be granted, if the local department determines that the participant meets all criteria, for up to 90 days if the following conditions exist:

1. If the participant has been actively seeking employment by engaging in job-seeking activities required pursuant to § 60.2-612 of the Code of Virginia and is unable to find employment that would, in combination with any other income sources of assistance that the individual is receiving, pay an amount equal to or exceeding the case's TANF cash benefits and standard work deduction. The local department may extend benefits for up to 90 days to allow the participant to find employment.

2. If the program participant loses his job as a result of factors unrelated to his job performance. Factors unrelated to job performance are defined as those situations in which the Virginia Employment Commission would determine that the individual would be eligible for unemployment compensation if the participant had worked sufficient hours to qualify. The local department may extend benefits for up to 90 days to allow the participant to find employment.

Extensions of hardship exceptions will be granted in this subsection in very limited circumstances and only to those persons who demonstrate an extreme hardship. The local department shall refer the case to the Commissioner of the Virginia Department of Social Services or designee. The commissioner or designee shall evaluate each request individually and grant or deny the request for an extension. The commissioner or designee will reevaluate the individual's case as it determines necessary, but at least every 90 days, in order to determine whether the conditions justifying the exception continue to exist.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

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.

22VAC40-35-125. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 15, Issue 6, eff. January 6, 1999; amended, Virginia Register Volume 17, Issue 5, eff. December 20, 2000; repealed, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-126. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 5, eff. December 20, 2000; repealed, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-127. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 5, eff. December 20, 2000; repealed, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-128. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 5, eff. December 20, 2000; repealed, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

Part IV
Appeals

22VAC40-35-130. Appeals process.

A participant aggrieved by the decision of a local board granting, denying, changing, or discontinuing assistance may appeal such decision pursuant to § 63.2-517 of the Code of Virginia. A participant cannot appeal the provisions of the Agreement of Personal Responsibility which was mutually developed by the participant and the local agency.

Statutory Authority

§ 63.2-217 the Code of Virginia.

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.

Forms (22VAC40-35)

View Agreement of Personal Responsibility.

View Activity and Service Plan.

View Full Employment Agreement.

Documents Incorporated by Reference (22VAC40-35)

Title IV-F, JOBS, State Plan Preprint, Department of Social Services, eff. October 1, 1994.



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