Proposed Text
CHAPTER 410
ENTITLEMENT DATE IN THE GENERAL RELIEF PROGRAM (REPEALED.)
22VAC40-410-10. Definitions. (Repealed.)
The following words or terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
"Agency action or action" means action taken by
the superintendents or directors or local board certifying the individual or
family is eligible for maintenance.
"Entitlement date or entitlement" means the date
eligibility for maintenance begins.
"General relief program (GR)" means a program
supervised by the Virginia Department of Social Services and administered by
local social services departments, in accordance with each locality's approved
general relief plan, which provides financial assistance to eligible
individuals and families.
"Maintenance payments or maintenance" means
ongoing financial assistance from the general relief program.
Statutory Authority
§§63.2-217 and 63.2-802 et seq. of the Code of Virginia.
Historical Notes
Derived from VR615-01-14 §1, eff. January 1, 1987.
22VAC40-410-20. Maintenance payments. (Repealed.)
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 et seq. of the Code of Virginia.
Historical Notes
Derived from VR615-01-14 §2, eff. January 1, 1987.
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:
"Advocacy services" means legal services to help establish eligibility for federal disability benefits.
"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.
"Agency contract" means the local department of social services has an agreement with a pharmacy to provide prescription drugs for recipients of General Relief.
"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 for unemployable individuals" means a component of the General Relief Program that can provide assistance to individuals who are unable to work because of physical or mental disability, age or lack of training, illness in the family, or home responsibilities.
"Assistance for unemployed employable individuals" means a component of the General Relief Program that can provide assistance to individuals who are not working but are able to work.
"Assistance unit" means the individual or group of individuals whose needs, income, and resources are considered in determining eligibility for a component.
"Bar association" means a professional association for attorneys.
"Clothing assistance" means a component of the General Relief Program that can be used to purchase clothing for individuals who have an emergency need.
"Component" means a specific type of assistance provided under the General Relief Program.
"Disability" means a physical or mental condition rendering a person unable to perform any meaningful work and this condition is expected to last at least 12 months or result in death.
"Disability Determination Services" means a program administered by the Virginia Department of Rehabilitative Services that makes decisions on disability claims for the Social Security Administration.
"Disability insurance benefits" means Title II of the Social Security Act that provides benefits to disabled persons who have worked for a substantial period in employment covered by Social Security.
"Entitlement date or entitlement" means the date eligibility begins.
"Emergency medical assistance" means a component of the General Relief Program that can be used to purchase medical assistance for individuals who have an emergency need.
"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.
"Food credit authorization assistance" means a component of the General Relief Program that can be used to purchase food for individuals who have an emergency need.
"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 individuals 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. Each agency chooses the components and subcomponents to be included in its General Relief Program.
"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.
"Interim assistance" means a component of the General Relief Program that can provide assistance to individuals who have applied for Supplemental Security Income (SSI), who must apply for SSI, or are appealing an SSI decision. Individuals receiving interim assistance must sign an authorization allowing the Social Security Administration to send their initial retroactive Supplemental Security Income benefits to the local agency, which then reimburses its general relief budget for the amount of financial assistance given the individuals while their Supplemental Security Income benefits were pending approval.
"Legal aid attorney" means an attorney who provides legal services at no cost to people within certain income guidelines.
"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.
"Maintenance payments" or "maintenance" means ongoing financial assistance from the general relief program.
"Monthly maximum" means the dollar amount of assistance specified in the General Relief Plan for some components.
"Ongoing medical assistance" means a component of the General Relief Program that can be used to provide individuals continuing medical assistance. The component is composed of 10 subcomponents including prescription drugs.
"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.
"Reconsideration" means a review of the disability claim by the Disability Determination Services.
"Reimbursable" means the amount an assistance unit can receive per month for which the state/local match is available.
"Rent/house payments" means a subcomponent of the shelter assistance component that can be used to pay housing expenses.
"Recoupment" means the amount reimbursed to the general relief or state and local foster care funds from an individual's retroactive Supplemental Security Income benefits for assistance to that individual while approval for federal disability benefits was pending approval.
"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.
"Shelter assistance" means a component of the General Relief Program that can be used to provide for the shelter needs of individuals. The component's two subcomponents are rent/house payments and utility payments.
"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.
"Utility payments" means a subcomponent of the shelter assistance component that can be used to pay for items, such as electricity, oil, water, and natural gas.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
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
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-30. Assistance for unemployed employable individuals.
An agency electing to provide this component will specify in its General Relief Plan the types of assistance units served. The choices are:
1. Parents and their minor children;
2. A parent and minor children;
3. A married couple with no children;
4. One individual; or
5. An unmarried pregnant woman.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-40. Assistance for unemployable individuals.
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
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-50. Ongoing medical assistance.
A. 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. Three times the monthly maximum;
2. Six times the monthly maximum;
3. Nine times the monthly maximum; or
4. Twelve times the monthly maximum.
B. An agency electing to provide for the purchase of prescription drugs will specify in its General Relief Plan whether recipients are required to obtain drugs at a pharmacy with an agency contract. The choices are:
1. Recipients are not required to buy prescription drugs from a contracted pharmacy; or
2. Recipients are required to buy prescription drugs from a contracted pharmacy.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-60. Interim assistance.
An agency that elects to provide this component but does not elect to provide assistance for unemployable individuals will specify in its General Relief Plan whether interim assistance will be restricted to assistance units with an individual with a disability that will last 12 months, has lasted 12 months, or will result in death. The choices are:
1. Assistance will not be restricted; or
2. Assistance will be restricted.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
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
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-80. Food credit authorization assistance.
An agency electing to provide this component will specify in its General Relief Plan the maximum number of months that assistance can be received by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12 months out of 12 consecutive months.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-90. Shelter assistance.
A. An agency electing to provide this component will specify in its General Relief Plan the maximum number of months that assistance can be received by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12 months out of 12 consecutive months.
B. An agency electing to provide rent/house payments will specify in its General Relief Plan the maximum number of months that assistance can be received by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12 months out of 12 consecutive months.
C. An agency electing to provide utility payments will specify in its General Relief Plan the maximum number of months that assistance can be received by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12 months out of 12 consecutive months.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-100. Emergency medical assistance.
A. An agency electing to provide this component will specify in its General Relief Plan the maximum number of months that assistance can be received by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12 months out of 12 consecutive months.
B. An agency electing to provide prescription drugs will specify in its General Relief Plan whether recipients are required to obtain drugs at a pharmacy with an agency contract. The choices are:
1. Recipients are not required to buy prescription drugs from a contracted pharmacy; or
2. Recipients are required to buy prescription drugs from a contracted pharmacy.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-110. Clothing assistance.
An agency electing to provide this component will specify in its General Relief Plan the maximum number of months that assistance can be received by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12 months.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
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
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-130. Disability advocacy referral.
The agency electing to provide disability advocacy services will identify recipients of the interim assistance component of general relief who have received written notification from the Social Security Administration that their disability claims at the application or reconsideration level have been denied. Within five working days after the identification, the agency will send letters to the interim assistance recipients explaining advocacy services, offering to refer them to advocacy providers for legal representation during the appeal process, providing information on how the appeal would affect their general relief benefits, and advising them that they have five days from the receipt of this letter to contact the agency requesting advocacy services.
If the interim assistance recipient chooses to participate in the Disability Advocacy Project, he will be allowed to select a provider from a list of qualified advocacy providers with whom the agency has contracts or be allowed to select another provider if that provider meets the qualifications and agrees to enter into a contract with the agency.
The agency will have the interim assistance recipient sign a Confidentiality Form (VDSS Form 032-01-040/2) giving the agency permission to refer the recipient to the selected provider.
Within five working days after the selection, a referral letter will be sent by the agency to the selected advocacy provider.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-140. Duties of the disability advocacy provider.
Advocacy providers will perform the following services:
1. Within five working days of receipt of a referral letter from the agency, send a letter to the interim assistance recipient or the child's representative, acknowledging the referral and instructing the recipient or child's representative to protect the filing date by filing a Request for Reconsideration or Request for a Hearing with the Social Security Administration within 60 days of the date of his denial notice.
2. Contact the interim assistance recipient or child's representative by mail and telephone, if necessary, to schedule an appointment for an interview. If the provider cannot contact the recipient or the recipient does not keep the appointment, the provider will promptly notify the agency.
3. During the interview with the interim assistance recipient or child's representative, provide legal advice and counsel regarding federal disability benefits and the appeal process. The provider will assess the potential eligibility of the recipient or child for federal disability benefits. The decision whether to proceed or not proceed in the appeal process must be made by the recipient or the child's representative after receiving legal advice from the provider. The recipient or the child's representative must request the services of the advocacy provider by signing the Social Security Form SSA-1696-U4 under the Appointment of Representative section.
4. Within 15 working days of the initial interview with the recipient or child's representative, send a notification letter to the recipient or child's representative with a copy to the agency stating whether or not the provider will accept this case for legal representation.
5. If the provider agrees to provide advocacy services, sign Social Security Form SSA-1696-U4 under the Acceptance of Appointment and Waiver of Fee sections. Copies of the form will be sent within five working days to the Social Security Administration and to the agency.
6. Assist in the completion and timely filing of any necessary Social Security forms requesting a reconsideration, hearing, or review of the hearing decision.
7. Assist in obtaining and using medical, social, vocational evidence, or expert testimony that may substantiate the presence and severity of the disability.
8. Assist the recipient in making and keeping appointments for examinations.
9. Prepare for and adequately represent the recipient or child at interviews, hearings, or appeals related to application for Supplemental Security Income.
10. Notify the recipient or the child's representative of any denial and the right to appeal to the next level in the appeal process.
11. Notify the agency of any denial and the recipient's or child's representative's decision to proceed or not proceed to the next level in the appeal process.
12. Notify the recipient, the child's representative, and the agency when advocacy services have ended.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-150. Disability advocacy contracts.
Agencies shall contract with licensed legal aid or private attorneys or advocates working under the supervision of an attorney who may lawfully do so to provide legal representation in the appeal process. The providers must have previously provided successful representation to disability claimants during the reconsideration, administrative law judge hearing, Appeals Council, or federal district court levels of the federal disability adjudication process.
Qualified attorneys will be recruited by agencies giving written notice to their local legal aid and bar associations that contracts for legal representation of interim assistance recipients and foster children in the federal disability benefits appeal process will be available.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
22VAC40-411-160. Disability advocacy disbursement.
To receive payment, the advocacy provider must submit a petition and copy of the favorable Social Security Administration decision to the agency within 60 days of such a decision. Disbursement for legal representation will be made by the agency within 20 working days after the agency receives the initial Supplemental Security Income payment due the recipient or child.
No disbursement will be made unless the following have occurred:
1. The agency referred the recipient or child's representative for legal representation;
2. The recipient or child's representative requested the legal representation by signing the Appointment of Representative section of Social Security Form SSA-1696-U4;
3. The advocacy provider signed the Acceptance of Appointment and Waiver of Fee sections of Social Security Form SSA-1696-U4; and
4. The agency received the initial Supplemental Security Income payment for the recipient or child.
No disbursement will be made for legal services given before the date of the agency's referral letter. Providers shall not require from the recipient or child's representative prepayment of any fees, costs, or disbursement.
The disbursement made by the agency will represent payment in full for all legal services to the recipient or child in this process with no further obligation on the part of the state or local department of social services, the recipient, nor the child's representative.
Neither the recipient, the child's representative, the State Department of Social Services, nor local agency shall be obligated to pay any additional fees, costs, or disbursement related to the provision of legal services in the appeal process including, but not limited to, payment for medical, psychological, or vocational consultations obtained to substantiate the disability claim. Under most circumstances, if preapproved by Disability Determination Services, the Social Security Administration will cover the cost of these consultations.
Contracting attorneys will agree to waive their right to legal fees paid by the Social Security Administration from the initial check for retroactive disability insurance benefits due the recipient or child should he be found eligible for both disability insurance benefits and Supplemental Security Income. An award for attorney's fees under the Equal Access to Justice Act will not be required to be waived.
The provider's fee will be paid entirely from the recoupment from the initial Supplemental Security Income payment for state and local financial assistance given the recipient or child while the Supplemental Security Income application was pending approval. The fee per favorable decision at the reconsideration level will be $300; at the hearing before an administrative law judge, $600; and at the Appeals Council or federal district court, $750. The fee may in no event exceed the recoupment for the state and local assistance paid.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
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
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
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
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
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
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
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
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
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
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
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
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
CHAPTER 570
GENERAL RELIEF (GR) PROGRAM - LOCALITY OPTIONS (REPEALED.)
Part I
Definitions
22VAC40-570-10. Definitions. (Repealed.)
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
"Agency" means the local department of social
services.
"Agency contract" means the local department of
social services has an agreement with a pharmacy to provide prescription drugs
for recipients of General Relief.
"Assistance for unattached children" means a
component of the General Relief Program that can provide assistance to children
who would be eligible for Aid to Families with Dependent Children (AFDC) if the
relationship requirement were met.
"Assistance for unemployable individuals" means a
component of the General Relief Program that can provide assistance to individuals
who are unable to work because of physical or mental disability, age or lack of
training, illness in the family, or home responsibilities.
"Assistance for unemployed employable
individuals" means a component of the General Relief Program that can provide
assistance to individuals who are not working but are able to work.
"Assistance unit" means the individual or group
of individuals whose needs, income, and resources are considered in determining
eligibility for a component.
"Clothing assistance" means a component of the
General Relief Program that can be used to purchase clothing for individuals
who have an emergency need.
"Component" means a specific type of assistance
provided under the General Relief Program.
"Emergency medical assistance" means a component
of the General Relief Program that can be used to purchase medical assistance
for individuals who have an emergency need. The component is composed of 11
subcomponents including prescription drugs.
"Food credit authorization assistance" means a
component of the General Relief Program that can be used to purchase food for
individuals who have an emergency need.
"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 individuals 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. Each agency chooses the components and
subcomponents to be included in its General Relief Program.
"Interim assistance" means a component of the
General Relief Program that can provide assistance to individuals who have
applied for Supplemental Security Income (SSI), who must apply for SSI, or are
appealing an SSI decision.
"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 some components.
"Ongoing medical assistance" means a component of
the General Relief Program that can be used to provide individuals continuing
medical assistance. The component is composed of 10 subcomponents including
prescription drugs.
"Reimbursable" means the amount an assistance
unit can receive per month for which the state/local match is available.
"Rent/house payments" means a subcomponent of the
shelter assistance component that can be used to pay housing expenses.
"Shelter assistance" means a component of the
General Relief Program that can be used to provide shelter needs of individuals
who have an emergency need. The component's two subcomponents are rent/house
payments and utility payments.
"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.
"Utility payments" means a subcomponent of the
shelter assistance component that can be used to pay for items, such as
electricity, oil, water, and natural gas.
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-36 §1.1, eff. March 11, 1992.
Part II
Available Assistance
22VAC40-570-20. Assistance for unemployed employable
individuals. (Repealed.)
An agency electing to provide this component will specify in
its General Relief Plan the types of assistance units served. The choices are:
1. Parents and their minor children;
2. A parent and minor children;
3. A married couple with no children;
4. One individual; or
5. An unmarried pregnant woman.
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-36 §2.1, eff. March 11, 1992.
22VAC40-570-30. Assistance for unemployable individuals. (Repealed.)
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 VR615-01-36 §2.2, eff. March 11, 1992.
22VAC40-570-40. Ongoing medical assistance. (Repealed.)
A. Amount of assistance. 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. Three times the monthly maximum;
2. Six times the monthly maximum;
3. Nine times the monthly maximum; or
4. Twelve times the monthly maximum.
B. Prescription drugs. An agency electing to provide this
subcomponent will specify in its General Relief Plan whether recipients are
required to obtain drugs at a pharmacy with an agency contract. The choices
are:
1. Recipients are not required to buy prescription drugs
from a contracted pharmacy; or
2. Recipients are required to buy prescription drugs from a
contracted pharmacy.
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-36 §2.3, eff. March 11, 1992.
22VAC40-570-50. Interim assistance. (Repealed.)
An agency that elects to provide this component but does
not elect to provide assistance for unemployable individuals will specify in
its General Relief Plan whether interim assistance will be restricted to
assistance units with an individual with a disability that will last 12 months,
has lasted 12 months, or will result in death. The choices are:
1. Assistance will not be restricted; or
2. Assistance will be restricted.
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-36 §2.4, eff. March 11, 1992.
22VAC40-570-60. Assistance for unattached children. (Repealed.)
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 VR615-01-36 §2.5, eff. March 11, 1992.
22VAC40-570-70. Food credit authorization assistance. (Repealed.)
An agency electing to provide this component will specify
in its General Relief Plan the maximum number of months that assistance can be
received by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six
months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12
months out of 12 consecutive months.
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-36 §2.6, eff. March 11, 1992.
22VAC40-570-80. Shelter assistance. (Repealed.)
A. Maximum number of months. An agency electing to provide
this component will specify in its General Relief Plan the maximum number of months
that assistance can be received by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six
months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12
months out of 12 consecutive months.
B. Rent/house payments. An agency electing to provide this
subcomponent will specify in its General Relief Plan the maximum number of
months that assistance can be received by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six
months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12
months out of 12 consecutive months.
C. Utility payments. An agency electing to provide this
subcomponent will specify in its General Relief Plan the maximum number of
months that assistance can be received by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six
months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12
months out of 12 consecutive months.
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-36 §2.7, eff. March 11, 1992.
22VAC40-570-90. Emergency medical assistance. (Repealed.)
A. Maximum number of months. An agency electing to provide
this component will specify in its General Relief Plan the maximum number of months
that assistance can be received by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six
months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12
months out of 12 consecutive months.
B. Prescription drugs. An agency electing to provide this
subcomponent will specify in its General Relief Plan whether recipients are
required to obtain drugs at a pharmacy with an agency contract. The choices
are:
1. Recipients are not required to buy prescription drugs
from a contracted pharmacy; or
2. Recipients are required to buy prescription drugs from a
contracted pharmacy.
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-36 §2.8, eff. March 11, 1992.
22VAC40-570-100. Clothing assistance. (Repealed.)
An agency electing to provide this component will specify
in its General Relief Plan the maximum number of months that assistance can be received
by an assistance unit. The choices are:
1. Assistance will be provided for a maximum of one to six
months out of six consecutive months; or
2. Assistance will be provided for a maximum of one to 12
months
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-36 §2.9, eff. March 11, 1992.
CHAPTER 640
GENERAL RELIEF PROGRAM - DEEMING INCOME FROM ALIEN SPONSORS (REPEALED.)
Part I
Definitions
22VAC40-640-10. Definitions. (Repealed.)
The following words and terms, when used in this chapter,
shall have the following meanings unless the context clearly indicates
otherwise:
"Affidavit of support" means a statement of a
sponsor's income, resources, and willingness to support. It (Form I-134 or
similar form) is filed with the Immigration and Naturalization Service 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.
"Aid to Families with Dependent Children" means
the federal program administered by the Virginia Department of Social Services
that provides support to a relative for eligible children.
"General Relief" means an optional program
financed by state and local funds to provide maintenance or emergency
assistance to individuals 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.
"Immigration and Naturalization Service" means a
branch of the United States Department of Justice delegated authority to
enforce the Immigration and Nationality Act and all other laws relating to the
immigration and naturalization of aliens.
"Permanent resident status" means having been
lawfully accorded the privilege of residing permanently in the United States as an immigrant.
"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.
"Supplemental Security Income" means Title XVI of
the Social Security Act which provides benefits to an aged, blind, or disabled
individual based on financial need.
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-48 §1.1, eff. April 21, 1993.
Part II
Deeming of Sponsor's Income and Resources
22VAC40-640-20. Three-year limit. (Repealed.)
For a period of three years from the month the Immigration
and Naturalization Service 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 VR615-01-48 §2.1, eff. April 21, 1993.
22VAC40-640-30. Program ineligibility. (Repealed.)
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 Aid to
Families with Dependent Children 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 VR615-01-48 §2.2, eff. April 21, 1993.
22VAC40-640-40. Responsibility of alien. (Repealed.)
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 VR615-01-48 §2.3, eff. April 21, 1993.
22VAC40-640-50. Income of sponsor deemed to a sponsored
alien. (Repealed.)
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 VR615-01-48 §2.4, eff. April 21, 1993.
22VAC40-640-60. Resources of sponsor deemed to a sponsored
alien. (Repealed.)
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, as defined in the General Relief Program policy, reduced
by $1,500.
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-48 §2.5, eff. April 21, 1993.
22VAC40-640-70. Exception to deeming. (Repealed.)
The deeming of a sponsor's income and resources is not
applicable to any alien who:
1. Applied for General Relief prior to July 1, 1993;
2. Entered the United States as a refugee, parolee, or
political asylee;
3. Is a Cuban or Haitian entrant;
4. Is sponsored by a person receiving Aid to Families with
Dependent Children, Supplemental Security Income, or General Relief;
5. Is an Amerasian from Vietnam; or
6. Is the spouse of the sponsor.
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-48 §2.6, eff. April 21, 1993.
22VAC40-640-80. Sponsorship of more than one alien. (Repealed.)
If a person is the sponsor of two or more aliens, the
income and resources of the sponsor and the sponsor's spouse, to the extent
that they would be deemed the income and resources of any one of the aliens,
shall be divided into equal shares among the sponsored aliens regardless of
whether they are living together.
Statutory Authority
§§63.2-217 and 63.2-802 of the Code of Virginia.
Historical Notes
Derived from VR615-01-48 §2.7, eff. April 21, 1993.