CHAPTER 9. HUMAN SERVICES.
ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.
§9-3-1. Application for and granting of federal-state or federal
Any person domiciled in this state, who shall make, or have
made in his or her behalf, an application therefor and who is
otherwise in all respects qualified to receive the same, shall be
granted federal-state assistance or federal assistance in such form
and amount, to such extent, and for such period, as authorized by
applicable federal and state laws, rules and regulations and as
determined by the department in accordance with such laws, rules
and regulations and within limits of available funds.
§9-3-2. Application for and granting of state assistance.
Any indigent person domiciled in this state, who shall make,
or have made in his or her behalf, an application therefor and who
is otherwise in all respects qualified to receive the same, shall
be granted state assistance in such form and amount, to such
extent, and for such period, as authorized by applicable state
laws, rules and regulations of the department and as determined by
the department in accordance with such laws, rules and regulations
and within limits of available funds.
§9-3-3. Making application, investigation and grant.
All persons wishing to make application for any class of
welfare assistance shall have an opportunity to do so. Upon
receipt of an application for any class of welfare assistance, the
department shall make such investigation as may be necessary and as
the exigency of the case will permit to determine the eligibility
of the applicant for, and the form, amount, extent, and period of,
When the department approves an application for any class of
welfare assistance, it shall fix the amount, form, extent and
period of such assistance in accordance with applicable federal and
state laws, rules and regulations and within the limits of
WVC 9 - 3 - 4
§9-3-4. Assignment of support obligations.
Any recipient of financial assistance under the program of
state and federal assistance established by Title IV of the federal
Social Security Act of 1965, as amended, or any successor act
thereto, shall, as a condition of receiving assistance funded under
this part, assign to the Department of Health and Human Resources
any right the family member may have (on behalf of the family
member or of any other person for whom the family member has
applied for or is receiving such assistance) to support from any
other person, not exceeding the total amount of assistance so paid
to the family, which accrues during the period that the family
receives assistance under the program.
Each applicant for assistance subject to the assignment
established in this section shall (during the application process)
be informed in writing of the nature of the assignment.
Any payment of federal and state assistance made to or for the
benefit of any child or children or the caretaker of a child or
children creates a debt due and owing to the Department of Health
and Human Resources by the person or persons responsible for the
support and maintenance of the child, children or caretaker in an
amount equal to the amount of assistance money paid: Provided,
That the debt is limited by the amount established in any court
order or final decree of divorce if the amount in the order or
decree is less than the amount of assistance paid.
The assignment under this section shall subrogate the Department of Health and Human Resources to the rights of the
child, children or caretaker to the prosecution or maintenance of
any action or procedure existing under law providing a remedy
whereby the Department of Health and Human Resources may be
reimbursed for moneys expended on behalf of the child, children or
caretaker. The Department of Health and Human Resources shall
further be subrogated to the debt created by any order or decree
awarding support and maintenance to or for the benefit of any
child, children or caretaker included within the assignment under
this section and shall be empowered to receive money judgments and
endorse any check, draft, note or other negotiable document in
The assignment created under this section shall be released
upon closure of the assistance case and the termination of
assistance payments except for support and maintenance obligations
accrued and owing at the time of closure which are necessary to
reimburse the department for any balance of assistance payments
The Department of Health and Human Resources may, at the
election of the recipient, continue to receive support and
maintenance moneys on behalf of the recipient following closure of
the assistance case and shall distribute the moneys to the
caretaker, child or children.
§9-3-5. Services to persons not otherwise eligible.
The department of welfare may make available the services
established under the provisions of section four of this article,
to any person not eligible for receipt of public assistance upon
application by such person: Provided,
That the department may not
require such person to use its services. These services may
include, but need not be limited to, the following: Location of
the responsible parent whose whereabouts are unknown, collection of
child support and maintenance moneys owed, and distribution of
support and maintenance moneys paid.
The department may charge a reasonable fee to nonpublic
assistance persons for the provision of services and, when the
department has provided services for the collection of support and
maintenance, may charge a reasonable fee to the person responsible
for the support and maintenance. The commissioner shall establish
by regulations the amount of such fees, not in excess of maximum
amounts permitted by applicable federal law, which regulations may
be amended and supplemented from time to time.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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