Administrative Code

Virginia Administrative Code
8/15/2022

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.

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