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VA VIEW - Hardship Criteria

Hardship exceptions are situations in which there is good cause for not terminating a VIEW participant's TANF benefits at the end of the two-year time period.

To receive a hardship exception, you must apply for it. The exception to this is if you live in a locality that the Department of Social Services (DSS) determines that "factors relating to job availability are unfavorable."

You can apply for a hardship exception during the 60-day period prior to the end of the two-year time limit. If, however, DSS determines that you had good cause for failing to meet the time period due to a disability, and it is determined that there are prior sanctions on the person's record that may affect the decision whether to grant a hardship exception, your DSS Employment Services Worker (ESW) should consider whether any of the sanctions may have been inappropriately imposed because of a disability that should have been taken into consideration.

If the ESW does not receive a request for a hardship, your TANF and VIEW cases will close at the end of twenty-four months.

If a hardship exception is granted, you will continue to receive TANF benefits if otherwise eligible, including VIEW. Only one hardship exception at a time will be granted. Hardships cannot run concurrently, but may be granted consecutively if you qualify.

Qualifying Criteria for Granting a Hardship Exception

In order to be considered for any hardship exception, an evaluation of your program participation must be made to determine that none of the following sanctions occurred:

· You were not sanctioned for failing to satisfactorily participate in all assigned activities while in the program.

· You were not sanctioned for leaving employment while in the VIEW program, unless the reason for the sanction was that you or a household member had a verified disability that was not identified by the TANF and VIEW programs, or was identified but not addressed, and the verified disability prevented participation.

· You were not sanctioned more than one time for reasons other than those listed above, unless the reason for the sanction was that you or a household member had a verified disability that was not identified by the TANF and VIEW programs, or was identified but not addressed, and the verified disability prevented participation.

If none of the above three above conditions exist, a hardship exception may be granted as follows:

Conditions Under Which a Hardship Exception May Be Granted for up to One Year

· Unfavorable job availability (as determined by DSS - you are not required to apply for a hardship exception for unfavorable job availability);

· To complete employment-related education or training - if you have been making satisfactory progress and can be expected to complete it within a year (or you have a disability-related reason for not making satisfactory progress and your disability can be accommodated);

For the purposes of this hardship exception the following education activities are not considered "employment-related education or training":

(1) Adult Basic Education;

(2) General Equivalency Degree activities;

(3) English as a Second Language; or

(4) High school.

NOTE: If, however, you have a verified disability that interferes with your ability to work and it has been determined that completion of this activity will improve your chance for employment, then the hardship exception can apply to the above four activities as well

If you leave an employment-related education or training activity, your hardship exception will be immediately revoked and your TANF benefits will be terminated immediately unless your reason for leaving was related to a verified disability of yours or of a household member for whom you are responsible. Under such circumstances, the DSS worker must determine whether good cause exists to continue benefits and whether, with reasonable accommodations and supportive services, you could return to the program.

Conditions Under Which a Hardship Exception May Be Granted for up to 90 days

If the local department determines that you meet all criteria, a hardship exception will be granted by the local agency for up to 90 days in the following circumstances:

· You have been actively seeking employment but are unable to find a job or jobs that would, in combination with all other income you are receiving, pay an amount equal to or exceeding the case's TANF cash benefits plus the standard work deduction. ("Actively seeking employment" is defined as satisfactorily participating in any assigned job-seeking activity while in the program.)

· You lose your job as a result of factors not related to your job performance.

To qualify for this hardship exception, you must have applied for Unemployment Compensation (UC) at your Virginia Employment Commission (VEC) office - and you would be eligible for UC except that you have not worked for a sufficient length of time.

Extension

An extension of the 90-day hardship exception may be granted in certain circumstances in which an interagency panel determines that: (a) you have been complying with all VIEW program requirements; (b) that the reasons for your extension still exist; and (c) that your family would suffer extreme hardship if you were terminated. Each case and its extenuating circumstances are considered individually.

NOTE: An individual who has exhausted his 24 months of TANF benefits and has left the program may not be considered for a hardship or extension.

Back To:

VA VIEW - Overview

VA Benefit Information System Welcome and Introduction

Source:

VA TANF Policy Manual Sections 1000.18

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