Vol. 25 Iss. 23 - July 20, 2009

Chapter 35
Final Regulation

REGISTRAR'S NOTICE: The State Board of Social Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Board of Social Services will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 22VAC40-35. Virginia Independence Program (amending 22VAC40-35-40).

Statutory Authority: § 63.2-217 of the Code of Virginia.

Effective Date: August 19, 2009.

Agency Contact: Mark L. Golden, TANF Program Manager, Department of Social Services, 7 North Eighth Street, Room 5214, Richmond, VA 23219, telephone (804) 726-7385, FAX (804) 726-7356, or email


To conform to Chapters 61 and 547 of the 2009 Acts of Assembly, the amendment amends the time frames during which needy households can receive diversionary cash assistance, a one-time lump sum assistance payment intended to divert the family from long-term welfare. Rather than being restricted to receipt of diversionary cash assistance once every 60 months, the law was amended to allow receipt of diversionary cash assistance up to once every 12 months.

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 AFDC 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 60-month 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.

VA.R. Doc. No. R09-1970; Filed June 26, 2009, 1:16 p.m.