                                 CODE OF VIRGINIA

RECONSIDERATION OR CHANGES IN AMOUNT OF PUBLIC ASSISTANCE; CANCELLATION (§
63.2-514)

A. Eligibility for public assistance shall be reconsidered in accordance with
federal law or regulations by the local department at least annually or upon
receipt of information indicating a change in the recipient&#8217;s
circumstances that may affect the amount of assistance paid to a recipient or
the recipient&#8217;s eligibility for assistance and at such other times as the
local board may deem necessary. As part of such reconsideration, the local
department shall conduct an investigation to determine whether a recipient is
eligible for renewal of public assistance. Such investigation shall include a
review of information described in subsection B of &#xA7; 63.2-503 for each
applicant. After such investigation, the amount of public assistance may be
changed or public assistance may be entirely withdrawn, if the local department
finds that the recipient&#8217;s circumstances have altered sufficiently to
warrant such action.

B. In cases in which information obtained as a result of the investigation
required by subsection A is inconsistent with information provided by the
applicant, the local department shall notify the applicant in writing and
provide opportunity for the applicant to explain the discrepancy. If the
applicant fails to respond within 10 days of the date of such notice, the local
department shall refuse to renew the applicant&#8217;s eligibility for public
assistance. If the applicant responds within 10 days of such notice, upon
receipt of such response, the local department shall conduct such further
investigation as may be necessary to verify the applicant&#8217;s response and
resolve the discrepancy between information provided by the applicant and
information obtained as a result of the investigation required by subsection A.
If the local department determines that the information obtained as a result of
the investigation required by subsection A is accurate and that as a result the
applicant is ineligible for public assistance, the local director of social
services shall so notify the applicant and public assistance shall be denied. In
any case in which the local department believes that the applicant has obtained
or attempted to obtain public assistance by means of willful false statements or
representations, impersonation, or other fraudulent devices, the local director
shall initiate a fraud investigation pursuant to &#xA7; 63.2-526.

C. If the local director does not act within 30 days of the receipt of
information affecting the amount of assistance or the eligibility therefor as to
any recipient, or if the circumstances require immediate action, the
Commissioner may make necessary adjustments in the amount of public assistance
or suspend further assistance to any such individual pending action by the local
department.

HISTORY: Code 1950, §§ 63-123, 63-149, 63-187, 63-214; 1968, cc. 578, 781, §
63.1-113; 2002, c. 747; 2015, c. 509.