                                 CODE OF VIRGINIA

NO LIEN TO ATTACH TO PROPERTY OF APPLICANT OR RECIPIENT; RELEASE OF EXISTING
UNFORECLOSED LIENS (§ 63.2-409)

No lien in favor of the Commonwealth or any of its political subdivisions shall
be claimed against, levied or attached to the real or personal property of any
applicant for or recipient of public assistance or social services as a
condition of eligibility therefor or to recover such aid following the death of
such applicant or recipient except applicants for or recipients of long-term
care nursing facility benefits paid for by the Department of Medical Assistance
Services. However, this section shall not bar any action by the Commonwealth or
a local department that seeks reimbursement for part or all of the costs
incurred by the Commonwealth or local department for care and maintenance
provided to an applicant of the Federal Supplemental Security Income program
during the application period when such applicant becomes eligible for the
program retroactive to the date of application. In addition, this section shall
not be construed to bar any action by the Commonwealth or a local department
that seeks reimbursement for public assistance paid through the Temporary
Assistance for Needy Families or refugee programs while the family attempts to
dispose of real property which together with other resources causes its total
resources to be in excess of the state&#8217;s allowable reserve.

HISTORY: 1970, c. 753, § 63.1-133.1; 1977, c. 83; 1985, c. 293; 1993, cc. 953,
989; 2002, c. 747.