Virginia Code 63.2-409: No lien to attach to property of applicant or recipient; release of existing unforeclosed liens
No lien in favor of the Commonwealth or any of its political subdivisions shall be claimed against, levied or attached to the real or personal property of any applicant for or recipient of public assistance or social services as a condition of eligibility therefor or to recover such aid following the death of such applicant or recipient except applicants for or recipients of long-term care nursing facility benefits paid for by the Department of Medical Assistance Services. However, this section shall not bar any action by the Commonwealth or a local department that seeks reimbursement for part or all of the costs incurred by the Commonwealth or local department for care and maintenance provided to an applicant of the Federal Supplemental Security Income program during the application period when such applicant becomes eligible for the program retroactive to the date of application. In addition, this section shall not be construed to bar any action by the Commonwealth or a local department that seeks reimbursement for public assistance paid through the Temporary Assistance for Needy Families or refugee programs while the family attempts to dispose of real property which together with other resources causes its total resources to be in excess of the state‘s allowable reserve.
Terms Used In Virginia Code 63.2-409
- Department: means the State Department of Social Services. See Virginia Code 63.2-100
- Lien: A claim against real or personal property in satisfaction of a debt.
- Local department: means the local department of social services of any county or city in the Commonwealth. See Virginia Code 63.2-100
- Personal property: All property that is not real property.
- Public assistance: means Temporary Assistance for Needy Families (TANF); auxiliary grants to the aged, blind and disabled; medical assistance; energy assistance; food stamps; employment services; child care; and general relief. See Virginia Code 63.2-100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Social services: means foster care, adoption, adoption assistance, child-protective services, domestic violence services, or any other services program implemented in accordance with regulations adopted by the Board. See Virginia Code 63.2-100
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
1970, c. 753, § 63.1-133.1; 1977, c. 83; 1985, c. 293; 1993, cc. 953, 989; 2002, c. 747.