2006 Code of Virginia § 63.2-609 - VIEW exemptions

63.2-609. VIEW exemptions.

The following TANF recipients shall be exempt from mandatory participation inVIEW and shall remain eligible for TANF financial assistance:

1. Any individual, including all minor caretakers, under sixteen years of age;

2. Any individual at least sixteen, but no more than nineteen years of age,who is enrolled full-time in elementary or secondary school, including careerand technical education programs. The career and technical education programmust be equivalent to secondary school. Once the individual loses thisexemption, he cannot requalify for the exemption, even if he returns toschool, unless the case is closed and reopened or he becomes exempt foranother reason. Whenever feasible, such recipients should participate insummer work;

3. Any individual who is unable to participate because of a temporary medicalcondition that is preventing entry into employment or training, as determinedby a physician and certified by a written medical statement. Such anexemption shall be reevaluated every sixty days to determine whether theperson is still exempt;

4. Any individual who is incapacitated, as determined by receipt of SocialSecurity Disability Benefits or Supplemental Security Income. This exemptionshall not be granted to either parent in a TANF-UP case; eligibility shall beevaluated for regular TANF cases on the basis of the parent's incapacity;

5. Any individual sixty years of age or older;

6. Any individual who is the sole caregiver of another member of thehousehold who is incapacitated as determined by receipt of Social SecurityDisability Benefits or Supplemental Security Income or another condition asdetermined by the Board and whose presence is essential for the care of theother member on a substantially continuous basis;

7. A parent or caretaker-relative of a child under eighteen months of age whopersonally provides care for the child. A parent of a child not consideredpart of the TANF public assistance unit under 63.2-604 may be granted atemporary exemption of not more than six weeks after the birth of such child;

8. A female who is in her fourth through ninth month of pregnancy asdetermined by a written medical statement provided by a physician or by aregistered nurse who is the physician's designee or licensed nursepractitioner;

9. Children receiving Title IV-E-Foster Care;

10. Families where the primary caretakers of a child or children are legalguardians, grandparents, or other persons standing in loco parentis and arenot the adoptive or biological parents of the child.

In a TANF-UP case, both parents shall be referred for participation unlessone meets an exemption; only one parent can be exempt. If both parents meetan exemption criterion, they shall decide who will be referred forparticipation.

(1994, cc. 858, 951, 63.1-133.43, 63.1-133.48; 1995, c. 450; 2001, c. 483;2002, cc. 81, 747.)