Authority: Title 63.1, Chapters 1 and 6, Code of Virginia; P.L. 104-193, P.L. 104-327, P.L. 105-33, Federal Code, as amended.
A. The amount for Temporary Assistance for Needy Families shall is estimated to include:
1. From the Federal Trust Fund, $53,793,731 the first year and $63,807,447 $57,350,672 the second year.
2. From the general fund, $57,593,194 the first year and $43,870,458 the second year.
B. The amount for General Relief shall include from the general fund, $5,961,140 the first year and $5,961,140 the second year.
C. The amount for Resettlement Assistance shall include from the federal trust fund, $5,870,634 the first year and $5,870,634 the second year for refugee resettlement.
D. To the extent permitted by federal law, the State Plan for Temporary Assistance for Needy Families (formerly the State Plan for Aid to Families with Dependent Children) shall provide that the eligibility for assistance of an alien who is a qualified alien (as defined in § 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law Number 104-193) shall be determined without regard to alienage.
E. Payments under the Unemployed Parent Supplement program shall be funded entirely from the general fund. The Department of Social Services shall develop and implement, by July 1, 1999, a program to serve the special needs of two-parent families that receive welfare payments.
E. Notwithstanding any other provision of state law, the Department of Social Services shall establish a separate state program, as that term is defined by federal regulations governing the Temporary Assistance to Needy Families (TANF) program, 45 C.F.R. § 260.30, for the purpose of providing welfare cash assistance payments to able-bodied two-parent families. The separate state program shall be funded by state funds and operated outside of the TANF program. Able-bodied two-parent families shall not be eligible for TANF but shall receive benefits under the separate state program provided for in this paragraph. Although various conditions and eligibility requirements may be different under the separate state program, the basic benefit payment for which able-bodied two-parent families are eligible under the separate state program shall not be less than what they would have received under TANF. Within 280 days of the effective date of this Act, the Department of Social Services shall establish regulations to govern this separate state program.
F.1. As a condition of this appropriation, if the federal government provides the assurances required by Enactment 2 of Chapter 855 of the Acts of Assembly of 1998, within forty-five days after receipt of those assurances the Department of Social Services shall amend the Temporary Assistance for Needy Families (TANF) state plan, to establish a separate financial assistance program, the Virginia Earned Income Tax Credit (EITC) for Low-Income Families with Children, pursuant to Chapter 855 of the Acts of Assembly of 1998.
2. The Department of Social Services shall provide such EITC amendments to the state TANF plan to the Chairmen of the House Appropriations and Senate Finance Committees at least fifteen days prior to submission of the amended TANF plan to the federal Department of Health and Human Services.
2A. If the federal government provides the assurances required by Enactment 2 of Chapter 855 prior to July 1, 1999, the Department shall notify the Department of Taxation by July 1, 1999; the latter shall implement the EITC program for the 1999 tax year; and the Department of Social Services shall terminate the Virginia Work Incentive Payment Program established in Item 404 of this act effective, January 1, 1999. The Department of Social Services may continue processing Work Incentive Payments for the tax year ending December 31, 1998, until payments are completed and shall then terminate the program.
3. Upon submission of the EITC State plan amendment to the United States Department of Health and Human Services, the Department of Planning and Budget shall unallot an amount estimated at $20,400,000 the second year from the general fund appropriation in this Item for reversion to the general fund of the state treasury on June 30, 2000. This unallotment action represents the estimated amount of financial assistance provided to families with incomes at or below the federal poverty level, in the form of child tax credits eligible under federal regulation that is to be counted toward the TANF Maintenance of Effort (MOE) requirement. Notwithstanding the amounts in paragraph A of this Item, any amount actually reverted to the general fund of the state treasury from this Item shall be replaced by federal TANF block grant funds. The Department of Planning and Budget shall increase the federal appropriation in this Item as needed to effect the purposes of this paragraph. Such administrative appropriation increase shall not be subject to the limitations of § 4-1.05 b of this act.
4. On or before June 15, 2000, if the Department of Social Services (DSS) and the Department of Planning and Budget (DPB) agree that any portion of the unallotted amount cannot be replaced by documented tax credits in fulfillment of the TANF MOE requirement, DPB shall allot that portion for MOE spending. In fulfilling the provisions of this paragraph, DSS and DPB shall take care not to jeopardize the Commonwealth's compliance with federal requirements.
5. By January 31, 2000, DSS and the Department of Taxation shall report to the Governor and the Chairmen of the House Appropriations, House Finance, and Senate Finance Committees the amount of tax credits claimed under the provisions of House Bill 848 and the amount of tax credits reported to the federal government in fulfillment of the TANF MOE requirement during the preceding state fiscal year, and the amount of TANF MOE spending for the Virginia Work Incentive Payment Program, established pursuant to Item 404 of this act. The report shall include, but not be limited to, progress in implementing the intent of this paragraph and suggestions for program modifications.
G. A participant whose Temporary Assistance for Needy Families (TANF) financial assistance is terminated due to the receipt of 24 months of assistance as specified in § 63.1-133.50, Code of Virginia, or due to the closure of the TANF case prior to the completion of 24 months of TANF assistance, excluding cases closed with a sanction for noncompliance with the Virginia Initiative for Employment Not Welfare program, shall be eligible to receive employment and training assistance for up to 12 months after termination, if needed, in addition to other transitional services provided pursuant to § 63.1-133.46, Code of Virginia.