Title of Regulation: 22VAC40-35. Virginia Independence Program (amending 22VAC40-35-40; repealing 22VAC40-35-70).

Statutory Authority: § 63.2-217 of the Code of Virginia; 45 CFR 261.22.

Effective Date: October 15, 2020.

Agency Contact: Mark Golden, TANF Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7385, or email mark.golden@dss.virginia.gov.

Summary:

Pursuant to Chapter 1159 of the 2020 Acts of Assembly, the amendments (i) repeal limitations on Temporary Assistance for Needy Families (TANF) during the period in which the family or adult recipient is ineligible for TANF pursuant to a penalty for failure to comply with benefit eligibility or child support requirements, and (ii) allow for the maximum amount of assistance provided for 120 days that the family would otherwise be eligible to receive, or $1,500, whichever is greater.

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, or $1,500, whichever is greater. 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.

22VAC40-35-70. Limitation on TANF benefits. (Repealed.)

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.