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STATE OF WEST VIRGINIA FFY 2024 STATE PLAN FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

(ii) The document shall indicate whether the State intends to provide assistance under the program to individuals who are not citizens of the United States, and if so, shall include an overview of such assistance.

West Virginia provides assistance deemed appropriate in accordance with Title IV of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and amendments and the Deficit Reduction Act of 2005. Non-citizens must be qualified noncitizens who arrived before 1996 or have been in the United States for at least 5 years or qualify under a special immigrant status. The term “qualified noncitizen” includes noncitizens who are lawfully admitted for permanent residence in the United States. under the Immigration and Nationality Act, and certain refugees; asylees; individuals whose deportation has been withheld; Cuban or Haitian Entrants; and Amerasian immigrants. It also includes certain noncitizens who have been paroled into the U.S. or who have been granted conditional entry, and battered persons. These benefits and services are the same as regular cash assistance.

All legally admitted refugees having permanent resident status are eligible to participate in the Refugee Cash Assistance program, as long as they have been in the United States less than 8 months. These benefits and services are the same as regular cash assistance.

(iii) The document shall set forth objective criteria for the delivery of benefits and the determinations of eligibility and for fair and equitable treatment, including an explanation of how the State will provide opportunities for recipients who have been adversely affected to be heard in a State administrative or appeal process.

The Department provides for fair and equitable treatment through a fair hearing process that is available to all WV WORKS recipients.

West Virginia certifies that the State Board of Review is designated by state law as the body through which an applicant or recipient of services may present his/her case to a higher authority. The Board is composed of the Chairman and as many state hearing officers as needed to conduct prompt hearings throughout the state. The Chairman and Board of Review members are appointed by the Secretary, Department of Health.

As a member of the Board of Review, each state fair hearing officer is authorized to conduct hearings and make decisions on behalf of Page 50