Administrative Code

Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
3/29/2020

Chapter 411. General Relief Program

22VAC40-411-10. Definitions.

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

"Affidavit of support" or "Form I-134" means a statement of a sponsor's income, resources, and willingness to support. Form I-134 or similar form is filed with the Citizenship and Immigrant Services (USCIS) by a United States resident who sponsors an alien seeking admission to the United States as a permanent resident. The affidavit is made for the purpose of assuring the United States government that the sponsored alien will not become a public charge in the United States.

"Agency" means the local department of social services.

"Agency action" or "action" means action taken by the superintendents or directors or local board certifying the individual or family is eligible for maintenance or emergency assistance.

"Appeal process" means a review of the decision on the disability claim that can involve four steps: reconsideration, hearing before an administrative law judge, review by Appeals Council, and hearing in a federal court.

"Assistance for unattached children" means a component of the General Relief Program that can provide assistance to children who would be eligible for Temporary Assistance for Needy Families (TANF) if the relationship requirement were met.

"Assistance unit" means the individual or group of individuals whose needs, income, and resources are considered in determining eligibility for a component.

"Component" means a specific type of assistance provided under the General Relief Program.

"Entitlement date or entitlement" means the date eligibility begins.

"Equal Access to Justice Act" means an act that allows a federal court to grant an attorney a fee for proceedings before an administrative agency.

"Federal disability benefits" means disability insurance benefits or Supplemental Security Income.

"Foster child" means a child who is entrusted or committed to a state mandated service and the child is identified as "at risk" or "in crisis."

"General Relief Plan" means the document completed by a local department of social services to identify the components included in the General Relief Program for the locality.

"General Relief Program (GR)" means an optional program funded by state (62.5%) and local funds (37.5%) with the primary purpose of assisting unattached children who do not qualify for aid in a federal category. The program is supervised by the State Department of Social Services and administered by local agencies.

"Hearing before an administrative law judge" means the first level formal fair hearing of decisions of the Social Security Administration to deny federal disability benefits. The hearing is conducted by an attorney who is an official of the Social Security Administration.

"Legal aid attorney" means an attorney who provides legal services at no cost to people within certain income guidelines.

"Maintenance payments" or "maintenance" means ongoing financial assistance from the general relief program.

"Maximum for the locality" means the amount of reimbursable assistance applicable to some components based on the agency group. Agencies are placed in one of three groups based on shelter expenses in the area.

"Monthly maximum" means the dollar amount of assistance specified in the General Relief Plan for the unattached child component.

"Permanent resident status" means having been lawfully accorded the privilege of residing permanently in the United States as an immigrant.

"Private attorney" means an attorney engaged in the private practice of law for which a fee is charged.

"Provider" means an attorney, or an individual working under the supervision of an attorney legally allowed to do so, who provides assistance in establishing an individual's eligibility for federal disability benefits.

"Recipient" means an individual who is receiving interim assistance.

"Reimbursable" means the amount an assistance unit can receive per month for which the state/local match is available.

"Review by the Appeals Council" means a review of the decisions of the administrative law judge by a review unit of the Social Security Administration. The Appeals Council either decides the case or issues an order returning it to an administrative law judge for further review.

"Sponsor" means a person, or any public or private agency or organization, that executed an affidavit of support or similar agreement on behalf of an alien as a condition of the alien's entry into the United States as a permanent resident.

"Sponsored alien" means an immigrant who due to the likelihood of his becoming a public charge would have been excluded from lawful admission into the United States. As a condition of this immigrant's admission, a person or public or private agency or organization executed an affidavit of support or similar agreement guaranteeing the federal, state, and local governments that the immigrant would not become a public charge.

"Standard of assistance" means the amount of reimbursable assistance based on the size of the assistance unit and the local department of social services group. Local agencies are placed in one of three groups based on shelter expenses in the area.

"Standard of assistance at 90% of need" means the amount of reimbursable assistance applicable to some components based on the size of the assistance unit and the agency group. Agencies are placed in one of three groups based on shelter expenses in the area.

"Subcomponent" means a part of a component.

"Supplemental Security Income" means Title XVI of the Social Security Act that provides benefits to a disabled person based on financial need.

"Temporary Assistance for Needy Families" (TANF) means the federal program administered by the Virginia Department of Social Services that provides assistance for families with children.

"United States Citizenship and Immigration Services (USCIS)" is a branch of the United States Department of Homeland Security delegated authority to enforce the Immigration and Nationality Act and all other laws relating to the immigration and naturalization of aliens.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; amended, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-20. General Relief Plan.

The General Relief Program is an optional program designed to provide assistance, either maintenance or emergency, that cannot be provided through other means. Local departments of social services that operate a General Relief Program may offer one or more components. Each local department of social services must submit a plan to the Virginia Department of Social Services indicating which components are operated.

Statutory Authority

§ 63.2-217 and 63.2-802 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009.

22VAC40-411-30. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-40. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-50. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-60. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-70. Assistance for unattached children.

An agency electing to provide this component will specify in its General Relief Plan the amount of assistance that can be received by an assistance unit in 12 consecutive months. The choices are:

1. The standard of assistance at 90% of need times three;

2. The standard of assistance at 90% of need times six;

3. The standard of assistance at 90% of need times nine; or

4. The standard of assistance at 90% of need times 12 or the maximum for the locality times 12.

Statutory Authority

§ 63.2-217 and 63.2-802 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009.

22VAC40-411-80. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-90. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-100. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-110. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-120. Entitlement date.

When an individual or family has been found by agency action to be eligible, entitlement shall begin no later than the first day of the month following the month of application provided the individual or family meets all eligibility conditions at that time. In the following situations, the date of entitlement shall be the first of the month in which the application was made:

1. Action is taken during the month of application.

2. Action is taken in a month later than the month of application:

a. For reasons beyond the control of the applicant as determined by the agency; and

b. The applicant received general relief maintenance from another locality in Virginia for the month prior to the month of application.

Statutory Authority

§ 63.2-217 and 63.2-802 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009.

22VAC40-411-130. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-140. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-150. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-160. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009; repealed, Virginia Register Volume 29, Issue 19, eff. July 2, 2013.

22VAC40-411-170. Alien three-year limit.

For a period of three years from the month the United States Citizenship and Immigration Services (USCIS) grants the alien permanent resident status, the income and resources of the sponsor and the sponsor's spouse if they are living together shall be considered to be the unearned income of the alien.

The spouse's income and resources will be counted even if the sponsor and spouse married after the agreement to sponsor was signed.

Statutory Authority

§ 63.2-217 and 63.2-802 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009.

22VAC40-411-180. Alien program ineligibility.

Any alien sponsored by a public or private agency or organization shall be ineligible for general relief for a period of three years following entry unless the sponsored alien can provide documentation that the sponsor no longer exists or is unable to meet the alien's needs.

If a sponsored alien has been found ineligible for Temporary Assistance for Needy Families or Supplemental Security Income due to sponsorship, eligibility for general relief does not exist.

Statutory Authority

§ 63.2-217 and 63.2-802 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009.

22VAC40-411-190. Responsibility of alien.

A sponsored alien is responsible for obtaining the cooperation of his sponsor and supplying the local department of social services with any information and documentation necessary to determine the alien's eligibility for general relief benefits.

Statutory Authority

§ 63.2-217 and 63.2-802 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009.

22VAC40-411-200. Income of sponsor deemed to a sponsored alien.

The gross amount (with certain deductions) of earned and unearned income of the sponsor and the sponsor's spouse if living together shall be considered available as unearned income available to the alien or aliens being sponsored. Items that will be deducted from the sponsor's income are:

1. 20% of net earned income not exceeding $175;

2. The standard of assistance (at 100% of need) for the sponsor and those individuals living in the household who the sponsor claims as dependents on his federal income tax statement excluding any members of the assistance unit;

3. Any amounts paid by the sponsor or the sponsor's spouse to individuals not living in the household who are claimed by him as dependents on his federal income tax statement; and

4. Any payments of alimony or child support for individuals not living in the household.

Statutory Authority

§ 63.2-217 and 63.2-802 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009.

22VAC40-411-210. Resources of sponsor deemed to a sponsored alien.

The resources of the sponsor and the sponsor's spouse determined to be available to the alien shall be the total amount of their nonexempt resources reduced by $1,500.

Statutory Authority

§ 63.2-217 and 63.2-802 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009.

22VAC40-411-220. Exception of deeming.

The deeming of a sponsor's income and resources is not applicable to any alien who:

1. Entered the United States as a refugee, parolee, or political asylee;

2. Is a Cuban or Haitian entrant;

3. Is sponsored by a person receiving Temporary Assistance for Needy Families, Supplemental Security Income, or general relief;

4. Is an Amerasian from Vietnam; or

5. Is the spouse of the sponsor.

Statutory Authority

§ 63.2-217 and 63.2-802 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. September 1, 2009.

Forms (22VAC40-411)

Confidentiality Form, 032-01-0040-03-eng (eff. 9/04).



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