63.2-614 - Financial eligibility.

§ 63.2-614. Financial eligibility.

A. Pursuant to regulations adopted by the Board, the parent of an eligiblechild or children who is married to a person not the parent of the child orchildren shall not be eligible for TANF if the parent's spouse's income, whendeemed available to the family unit according to federal regulations, in andof itself, exceeds the state eligibility standard for such aid. However,eligibility for the child or children shall be considered by counting theincome of such parent and child or children, and any portion of the parent'sspouse's income that exceeds 150 percent of the federal poverty level for thespouse and parent. If the income of the parent's spouse that is deemedavailable does not, in and of itself, exceed the state eligibility standardfor TANF, none of the spouse's income shall be counted as available to thefamily unit, and eligibility shall be determined considering only the income,if any, of the parent and the child or children. If the parent fails orrefuses to cooperate with the Department's Division of Child SupportEnforcement in the pursuit of child support, the income of the parent'scurrent spouse shall be counted in accordance with Title IV-A federalregulations at 45 C.F.R. 233.20(a) (3) (xiv) in determining eligibility forTANF for the parent's child or children.

B. Program participants shall be eligible for the income disregards andresource exclusions in § 63.2-505.

C. VIEW participants and their families shall also be eligible for thefollowing income disregards and resource exclusions:

1. To reward work, a VIEW participant and his family who have earned incomefrom any source other than VIEW, may continue to receive TANF financialassistance for up to two years from the date that both parties initially signthe agreement. However, in no event shall the TANF payment when added to theearned income exceed such percentage of the federal poverty level establishedby the Commissioner, and if necessary any TANF payment shall be reduced sothat earned income plus the TANF payment equals such percentage of thefederal poverty level established by the Commissioner.

2. The fair market value, not to exceed $7,500, of one operable motor vehicleper family.

(Code 1950, § 63-141; 1954, c. 495; 1966, c. 665; 1968, cc. 578, 667, 668,781, § 63.1-105; 1970, c. 721; 1974, c. 418; 1982, c. 386; 1993, c. 167;1994, cc. 188, 858, 951, § 63.1-133.47; 1995, c. 450; 1996, c. 857; 1999, c.638; 2001, c. 483; 2002, c. 747.)