CODE OF VIRGINIA

DETERMINING THE AMOUNT OF PUBLIC ASSISTANCE (§ 63.2-505)

The Board shall adopt regulations governing the amount of public assistance
persons receive under the provisions of this subtitle. In making such
regulations, the Board shall consider significant differences in living costs in
various counties and cities and, unless otherwise precluded by law, shall
establish or approve such variations in monetary public assistance standards for
shelter allowance on a regional or local basis, as may be appropriate.The amount
of public assistance any person receives under the provisions of this subtitle
shall be determined according to Board regulations with regard to (i) the
property and income of the person and any support he receives from other
sources, including from persons legally responsible for his support, and (ii)
the average cost of providing public assistance statewide. It shall be
sufficient to provide public assistance that, when added to all other income and
support of the recipient (exclusive of that not to be taken into account as
hereinafter provided), provides such person with a reasonable subsistence. In
determining the income of and support available to a person, the amount of
income required to be exempted by federal statute, or if the federal statute
makes such exemption permissive, then such portion thereof as may be determined
by the Board shall not be considered in determining the amount of assistance any
person may receive under this subtitle.Any amounts received by a person pursuant
to a settlement agreement with, or judgment in a lawsuit brought against, a
manufacturer or distributor of “Agent Orange” for damages resulting
from exposure to “Agent Orange” shall be disregarded in determining
the amount of public assistance such person may receive from state public
assistance programs and from federal public assistance programs to the extent
permitted by federal law or regulation, and such amounts shall not be subject to
a lien or be available for reimbursement to the Commonwealth or any local
department for public assistance, notwithstanding the provisions of §
63.2-409.Any individual or family applying for or receiving public assistance
under the Temporary Assistance for Needy Families Program, medical assistance
services for low-income families with children, food stamp, or energy assistance
programs, to the extent permitted by federal law and regulation, may have or
establish one savings or other investment account per assistance unit not to
exceed $ 5,000. Any such account, including any interest earned thereon or
appreciation in value thereof, shall be exempt from consideration in any
calculation under any specified public assistance program as long as no funds
are withdrawn from the account. The State Board shall promulgate regulations
permitting the withdrawal of funds from the account for purposes related to
self-sufficiency, disregarding the funds withdrawn for such purposes in any
calculation under any specified public assistance program, and establishing
penalties for amounts withdrawn for any other purposes or other misuse of these
funds.

HISTORY: Code 1950, §§ 63-119, 63-145, 63-183, 63-209; 1950, p. 624; 1952, c.
62; 1954, c. 659; 1958, c. 519; 1962, cc. 363, 403; 1964, c. 92; 1966, c. 456;
1968, cc. 578, 781, § 63.1-110; 1970, c. 721; 1974, c. 328; 1977, c. 503; 1989,
cc. 333, 521; 1993, c. 922; 1994, c. 263; 2001, c. 483; 2002, cc. 360, 747.