Code of Virginia - Title 63.2 Welfare (Social Services) - Section 63.2-409 No lien to attach to property of applicant or recipient; release of existing unforeclosed lien...

§ 63.2-409. No lien to attach to property of applicant or recipient; release of existing unforeclosed lien...

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.

(1970, c. 753, § 63.1-133.1; 1977, c. 83; 1985, c. 293; 1993, cc. 953, 989; 2002, c. 747.)

Sections:  Previous  63.2-400  63.2-401  63.2-402  63.2-403  63.2-404  63.2-405  63.2-406  63.2-407  63.2-408  63.2-409  63.2-410  63.2-411  63.2-412  Next

Last modified: April 3, 2009