Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 35 - VIRGINIA INDEPENDENCE PROGRAM › Part III - Virginia Initiative for Employment Not Welfare (VIEW) › Section 22VAC40-35-120 - Hardship exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  certain circumstances, hardship exceptions may be made to the time limitations
				  for receipt of TANF benefits. A request for a hardship exception may be made by
				  an individual who is either a current VIEW participant in the 60-day period
				  prior to the closure of the TANF case due to the receipt of 24 months of TANF
				  benefits or a former VIEW participant in the period of ineligibility following
				  the receipt of 24 months of TANF benefits. If the participant requests a
				  hardship exception, the local department shall make an evaluation of
				  participation while in VIEW and, if applicable, the period of ineligibility
				  after VIEW participation. This evaluation will determine if a hardship
				  exception may be granted to allow the participant to continue receiving TANF
				  and to continue to participate in VIEW after the receipt of 24 months of TANF
				  benefits. Once a participant has exhausted the time limit extended to him under
				  a hardship exception, he may not apply for another extension based upon the
				  same hardship.
A participant is not eligible for a hardship exception
					 unless he has complied with the requirements of the program, which are
					 satisfactory participation in assigned program activities, not having been
					 sanctioned more than once during the two-year period for failing to comply with
					 the requirements of the program, and not leaving a job, without good cause as
					 defined by the State Plan, at any time during the program. Former participants
					 will not be eligible for a hardship exception unless the individual has
					 complied with the requirements of the program while in VIEW and has not lost
					 employment as a result of factors unrelated to his job performance since
					 entering the period of ineligibility. Factors unrelated to job performance are
					 defined as those situations in which the Virginia Employment Commission would
					 determine that the individual would be eligible for unemployment compensation
					 if the participant had worked sufficient hours to qualify.
B. If the above criteria are met, a hardship
				  exception may be granted by the local agency for up to one year if one of the
				  following conditions exists:
1. If the
				  unemployment rate in the participant's locality for the two most recent
				  quarters for which data is available from the Virginia Employment Commission
				  prior to the individual's request for a hardship exception was 10% or greater.
				  In order to qualify for this exception the participant must also be actively
				  seeking employment as defined in § 60.2-612 of the Code of
				  Virginia.
2. If extension of
				  benefits for up to one year will enable a participant to complete
				  employment-related education or training and the participant had been making
				  satisfactory progress per program requirements.
Participants granted a hardship exception under this
					 subsection shall be reevaluated at least every 90 days to determine if a basis
					 for the hardship exception continues to exist. If a hardship exception is
					 granted, the participant must continue to participate in the program and work
					 activities.