§ 63.2-505. Determining the amount of public assistance.
The Board shall adopt regulations governing the amount of public assistancepersons receive under the provisions of this subtitle. In making suchregulations, the Board shall consider significant differences in living costsin various counties and cities and, unless otherwise precluded by law, shallestablish or approve such variations in monetary public assistance standardsfor shelter allowance on a regional or local basis, as may be appropriate.
The amount of public assistance any person receives under the provisions ofthis subtitle shall be determined according to Board regulations with regardto (i) the property and income of the person and any support he receives fromother sources, including from persons legally responsible for his support,and (ii) the average cost of providing public assistance statewide. It shallbe sufficient to provide public assistance that, when added to all otherincome and support of the recipient (exclusive of that not to be taken intoaccount as hereinafter provided), provides such person with a reasonablesubsistence. In determining the income of and support available to a person,the amount of income required to be exempted by federal statute, or if thefederal statute makes such exemption permissive, then such portion thereof asmay be determined by the Board shall not be considered in determining theamount of assistance any person may receive under this subtitle.
Any amounts received by a person pursuant to a settlement agreement with, orjudgment 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 suchperson may receive from state public assistance programs and from federalpublic assistance programs to the extent permitted by federal law orregulation, and such amounts shall not be subject to a lien or be availablefor reimbursement to the Commonwealth or any local department for publicassistance, notwithstanding the provisions of § 63.2-409.
Any individual or family applying for or receiving public assistance underthe Temporary Assistance for Needy Families Program, medical assistanceservices for low-income families with children, food stamp, or energyassistance programs, to the extent permitted by federal law and regulation,may have or establish one savings or other investment account per assistanceunit not to exceed $5,000. Any such account, including any interest earnedthereon or appreciation in value thereof, shall be exempt from considerationin any calculation under any specified public assistance program as long asno funds are withdrawn from the account. The State Board shall promulgateregulations permitting the withdrawal of funds from the account for purposesrelated to self-sufficiency, disregarding the funds withdrawn for suchpurposes in any calculation under any specified public assistance program,and establishing penalties for amounts withdrawn for any other purposes orother misuse of these funds.
(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.)
§ 63.2-505. Determining the amount of public assistance.
The Board shall adopt regulations governing the amount of public assistancepersons receive under the provisions of this subtitle. In making suchregulations, the Board shall consider significant differences in living costsin various counties and cities and, unless otherwise precluded by law, shallestablish or approve such variations in monetary public assistance standardsfor shelter allowance on a regional or local basis, as may be appropriate.
The amount of public assistance any person receives under the provisions ofthis subtitle shall be determined according to Board regulations with regardto (i) the property and income of the person and any support he receives fromother sources, including from persons legally responsible for his support,and (ii) the average cost of providing public assistance statewide. It shallbe sufficient to provide public assistance that, when added to all otherincome and support of the recipient (exclusive of that not to be taken intoaccount as hereinafter provided), provides such person with a reasonablesubsistence. In determining the income of and support available to a person,the amount of income required to be exempted by federal statute, or if thefederal statute makes such exemption permissive, then such portion thereof asmay be determined by the Board shall not be considered in determining theamount of assistance any person may receive under this subtitle.
Any amounts received by a person pursuant to a settlement agreement with, orjudgment 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 suchperson may receive from state public assistance programs and from federalpublic assistance programs to the extent permitted by federal law orregulation, and such amounts shall not be subject to a lien or be availablefor reimbursement to the Commonwealth or any local department for publicassistance, notwithstanding the provisions of § 63.2-409.
Any individual or family applying for or receiving public assistance underthe Temporary Assistance for Needy Families Program, medical assistanceservices for low-income families with children, food stamp, or energyassistance programs, to the extent permitted by federal law and regulation,may have or establish one savings or other investment account per assistanceunit not to exceed $5,000. Any such account, including any interest earnedthereon or appreciation in value thereof, shall be exempt from considerationin any calculation under any specified public assistance program as long asno funds are withdrawn from the account. The State Board shall promulgateregulations permitting the withdrawal of funds from the account for purposesrelated to self-sufficiency, disregarding the funds withdrawn for suchpurposes in any calculation under any specified public assistance program,and establishing penalties for amounts withdrawn for any other purposes orother misuse of these funds.
(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.)
§ 63.2-505. Determining the amount of public assistance.
The Board shall adopt regulations governing the amount of public assistancepersons receive under the provisions of this subtitle. In making suchregulations, the Board shall consider significant differences in living costsin various counties and cities and, unless otherwise precluded by law, shallestablish or approve such variations in monetary public assistance standardsfor shelter allowance on a regional or local basis, as may be appropriate.
The amount of public assistance any person receives under the provisions ofthis subtitle shall be determined according to Board regulations with regardto (i) the property and income of the person and any support he receives fromother sources, including from persons legally responsible for his support,and (ii) the average cost of providing public assistance statewide. It shallbe sufficient to provide public assistance that, when added to all otherincome and support of the recipient (exclusive of that not to be taken intoaccount as hereinafter provided), provides such person with a reasonablesubsistence. In determining the income of and support available to a person,the amount of income required to be exempted by federal statute, or if thefederal statute makes such exemption permissive, then such portion thereof asmay be determined by the Board shall not be considered in determining theamount of assistance any person may receive under this subtitle.
Any amounts received by a person pursuant to a settlement agreement with, orjudgment 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 suchperson may receive from state public assistance programs and from federalpublic assistance programs to the extent permitted by federal law orregulation, and such amounts shall not be subject to a lien or be availablefor reimbursement to the Commonwealth or any local department for publicassistance, notwithstanding the provisions of § 63.2-409.
Any individual or family applying for or receiving public assistance underthe Temporary Assistance for Needy Families Program, medical assistanceservices for low-income families with children, food stamp, or energyassistance programs, to the extent permitted by federal law and regulation,may have or establish one savings or other investment account per assistanceunit not to exceed $5,000. Any such account, including any interest earnedthereon or appreciation in value thereof, shall be exempt from considerationin any calculation under any specified public assistance program as long asno funds are withdrawn from the account. The State Board shall promulgateregulations permitting the withdrawal of funds from the account for purposesrelated to self-sufficiency, disregarding the funds withdrawn for suchpurposes in any calculation under any specified public assistance program,and establishing penalties for amounts withdrawn for any other purposes orother misuse of these funds.
(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.)
