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401.2 TANF MANUAL 7/20 Page 3

E. Recommendation Regarding Eligibility - The eligibility determination must be completed as promptly as possible, but in all cases within the time needed to assure the assistance payment is issued, or notice of denial is mailed to the applicant by the 30th calendar day following the date of application.* When the 30th calendar day following the application date falls on a weekend or holiday, the EW must complete the application process by the last working day prior to the 30th day following the application date. When the eligibility determination is completed, the EW is responsible for making a recommendation of eligibility or ineligibility. The recommendation must be supported by the facts recorded in the VaCMS and the eligibility case record.

When an application by an otherwise eligible refugee household (which includes most households meeting a qualified alien category) is denied because the household does not meet TANF non-financial requirements, the application will be evaluated for Refugee Cash Assistance (RCA) eligibility following guidelines in the Refugee Resettlement Program Manual. The RCA guidance can be accessed at https://fusion.dss.virginia.gov/Portals/%5Bcvs%5D/FULL%20RSSEP%20MANUAL.pdf.

Note: In areas served by a Refugee Social Services Employment Program (RSSEP), applicants must be registered and referred to the RSSEP for employment services as a condition of eligibility for RCA. Guidelines for the referral process and contact information for the RSSEP provider are contained in the Refugee Resettlement Program Manual.

F. Decision of Eligibility - Federal regulations* require a decision be made promptly on applications, in accordance with the State established time standards, unless the application is disposed of under special conditions.

A decision of eligibility or ineligibility must also be made when eligibility is reconsidered as specified in Section 401.3.**

The Code of Virginia, Section 63.2-504, provides that the decision of eligibility is the responsibility of the local board. However, the local director is to take action with regard to eligibility if the local board does not act within the specified time limits or if the circumstances require immediate assistance to prevent hardships or other action. The local director's action in such instances is official and not subject to confirmation by the local board; the case must be presented to the local board at the next meeting, however, for action on continuing eligibility.

Case Action - This is the formal agency action and is required with respect to the initial determination of eligibility and, if eligibility exists, the amount of assistance and BDOA, persons eligible for assistance, method of payment and designation of payee, if other than eligible person, changes in amount of assistance payment, and ineligibility for assistance.

All case actions must include the effective date of the action taken. In actions regarding an initial payment, this will be the BDOA.

* 45 CFR 206.10(a)(3)

TANF Transmittal 68