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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>56053</law_id><section_number>63.2-505</section_number><catch_line>Determining the amount of public assistance</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="63.2">Welfare (Social Services)</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Public Assistance</unit><unit label="chapter" level="3" order_by="1" identifier="5">General Provisions</unit></structure><text>
						<section><p>The <span class="dictionary">Board</span> shall adopt regulations governing the amount of <span class="dictionary">public assistance</span> persons receive under the provisions of this subtitle. In making such regulations, the <span class="dictionary">Board</span> shall consider significant differences in living costs in various counties and cities and, unless otherwise precluded by <span class="dictionary">law</span>, shall establish or approve such variations in monetary <span class="dictionary">public assistance</span> standards for shelter allowance on a regional or local basis, as may be appropriate.
		The amount of <span class="dictionary">public assistance</span> any person receives under the provisions of this subtitle shall be determined according to <span class="dictionary">Board</span> 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 <span class="dictionary">public assistance</span> statewide. It shall be sufficient to provide <span class="dictionary">public assistance</span> 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 <span class="dictionary">statute</span>, or if the federal <span class="dictionary">statute</span> makes such exemption permissive, then such portion thereof as may be determined by the <span class="dictionary">Board</span> 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 <span class="dictionary">settlement</span> <span class="dictionary">agreement</span> with, or <span class="dictionary">judgment</span> in a <span class="dictionary">lawsuit</span> brought against, a manufacturer or distributor of &#x201C;Agent Orange&#x201D; for <span class="dictionary">damages</span> resulting from exposure to &#x201C;Agent Orange&#x201D; shall be disregarded in determining the amount of <span class="dictionary">public assistance</span> such person may receive from state <span class="dictionary">public assistance</span> programs and from federal <span class="dictionary">public assistance</span> programs to the extent permitted by federal <span class="dictionary">law</span> or regulation, and such amounts shall not be subject to a <span class="dictionary">lien</span> or be available for reimbursement to the Commonwealth or any <span class="dictionary">local department</span> for <span class="dictionary">public assistance</span>, notwithstanding the provisions of &#xA7;&#xA0;<a class="law" title="No lien to attach to property of applicant or recipient; release of existing unforeclosed liens" href="/63.2-409/">63.2-409</a>.
		Any individual or family applying for or receiving <span class="dictionary">public assistance</span> under the <span class="dictionary">Temporary Assistance for Needy Families</span> Program, medical assistance services for low-income families with children, food stamp, or <span class="dictionary">energy assistance</span> programs, to the extent permitted by federal <span class="dictionary">law</span> 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 <span class="dictionary">public assistance</span> program as long as no funds are withdrawn from the account. The State <span class="dictionary">Board</span> 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 <span class="dictionary">public assistance</span> program, and establishing penalties for amounts withdrawn for any other purposes or other misuse of these funds.</p></section></text><history>Code 1950, &#xA7;&#xA7; 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, &#xA7; 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.</history><metadata></metadata></law>
