Current through Register Vol. 41, No. 3, September 23, 2024
A.
A locality may change standard of assistance locality groupings by approval of
the state board. The local board of social services shall request the change in
writing to the State Board of Social Services and shall provide:
1. The most recently available fair market
rent data from the U.S. Department of Housing and Urban Development. Other data
sources may be used upon approval of the state board. Such data shall include a
comparison of shelter costs in the petitioning locality and adjacent
localities;
2. Data showing the
proportion of TANF recipients to the general population of the locality, in the
case of a request to change to a lower locality grouping. Such data shall
include a comparison of the proportion of TANF recipients in the petitioning
locality and adjacent localities; and
3. In order to assure that the locality has
sufficient funding to cover any increased costs that may result from a change
in locality grouping in the General Relief program and to assure that the local
governing body is aware of the proposed change in locality groupings,
documentation that the request to change locality groupings has been reviewed
by the local governing body.
B. The Department of Social Services shall
prepare a fiscal impact statement prior to the next meeting of the state board.
The fiscal impact statement shall include the cost of benefits, the cost of
altering information systems, and associated administrative costs. If the
fiscal impact statement demonstrates increased costs, the Commissioner of the
Department of Social Services must certify that funds are available for
increased costs.
C. If the state
board approves a request to be reclassified into a locality grouping with lower
standards of assistance, such reclassification shall be phased in by providing
that eligibility and the amount of benefits in cases open at the time of such
reclassification shall continue to be determined using the standards in effect
in the former locality grouping at the time of the reclassification.
D. The state board shall approve the request
if the following conditions are met:
1. If the
request is to raise the locality grouping, the data must show that the rent
costs in the petitioning locality are 20% higher than at least one other
bordering locality and both localities are in the same locality grouping, or
the fair market rent costs are less than or equal for at least one bordering
locality (compared to the petitioning locality) and that locality is in a
higher locality grouping. If the request is to lower the locality grouping, the
data must show that rent costs in the petitioning locality are at least 20%
lower than at least one other bordering locality and both localities are in the
same locality grouping, or the fair market rent costs are greater than or equal
for at least one neighboring locality (compared to the petitioning locality)
and that locality is in a lower locality grouping;
2. The data demonstrates that there is a
disproportionate number of TANF recipients in the locality when compared to
adjacent localities, in the case of a locality requesting a change to a lower
locality grouping. The number of TANF recipients is disproportionate if the
percentage of TANF recipients in the general population is at least 0.8% higher
in the petitioning locality than in the adjacent localities; and
3. Funds are available for increased
costs.
Statutory Authority
§ 63.2-217 of the Code of Virginia and Chapter 1042 of
the 2003 Acts of Assembly (Item 353 F 1).
