Section 40. State income eligible scale and copayments

A. State income eligible scale. The department establishes the scale for determining financial eligibility for the income eligible child care programs. Income eligibility is determined by measuring the family's income and size against the percentage of the federal poverty guidelines for their locality not to exceed 85% of the state median income. Income to be counted in determining income eligibility includes all earned and unearned income received by the family except certain disregarded income: Supplemental Security Income; TANF benefits, including TANF match payments; transitional payments of $50 per month to former VIEW participants; diversionary assistance payments; general relief; SNAP benefits; value of USDA donated food; benefits received under Title VII, Nutrition Program for the Elderly of the Older Americans Act of 1965; value of supplemental food assistance under the Child Nutrition Act of 1996 and lunches provided under National School Lunch Act; child support paid to another household; earnings of a child under the age of 18 years; garnished wages; earned income tax credit; lump sum child support payments, scholarships, loans, or grants for education except any portion specified for child care; basic allowance for housing for military personnel living on base; clothing maintenance allowance for military personnel; payment to AmeriCorps volunteers; tax refunds; lump sum insurance payments; monetary gifts for one-time occasions or normal annual occasions; payments made by nonfinancially responsible third parties for household obligations, unless payment is made in lieu of wages; loans or money borrowed; money received from sale of property, earnings less than $25 a month; capital gains; withdrawals of bank deposits; GI Bill benefits; reimbursement, such as for mileage; foreign government restitution payments to Holocaust survivors; payments from the Agent Orange Settlement Fund or any other fund established for settlement of agent orange product liability litigation; and monetary benefits provided to the children of Vietnam Veterans as described in 38 USC § 1823(c).

B. Copayments. Copayments are established by the department. All families receiving child care subsidy have a copayment responsibility ranging from 5.0% to 10% of the family's income, taking family size and income into account, except that families whose gross monthly income is at or below the federal poverty guidelines who are recipients of TANF, participants in the SNAPET program, or families in the Head Start program will have no copayment. The family's copayment will be calculated using the following chart:

Monthly Income Levels by Percent of Poverty and Household Size
	Number of Household Members
Percent of Poverty	2	3	4	5	6	7	8	91	101	111	121	131	141	151	161	171	181	191	201	Copayment Percentage
0 - 100%	$0 $1,293	$0 $1,628	$0 $1,963	$0 $2,298	$0 $2,633	$0 $2,968	$0 $3,303	$0 $3,638	$0 $3,973	$0 $4,308	$0 $4,643	$0 $4,978	$0 $5,313	$0 $5,648	$0 $5,983	$0 $6,318	$0 $6,653	$0 $6,988	$0 $7,323	5.0%
>100% - <=125%	$1,294 $1,616	$1,629 $2,035	$1,964 $2,454	$2,299 $2,872	$2,634 $3,291	$2,969 $3,710	$3,304 $4,129	$3,639 $4,547	$3,974 $4,966	$4,309 $5,385	$4,644 $5,804	$4,979 $6,222	$5,314 $6,641	$5,649 $7,060	$5,984 $7,479	$6,319 $7,897	$6,654 $8,316	$6,989 $8,735	$7,324 $9,154	6.0%
>125% - <=150%	$1,617 $1,939	$2,036 $2,442	$2,455 $2,944	$2,873 $3,447	$3,292 $3,949	$3,711 $4,452	$4,130 $4,954	$4,548 $5,457	$4,967 $5,959	$5,386 $6,462	$5,805 $6,964	$6,223 $7,467	$6,642 $7,969	$7,061 $8,472	$7,480 $8,974	$7,898 $9,477	$8,317 $9,979	$8,736 $10,482	$9,155 $10,984	7.0%
>150% - <=160%	$1,940 $2,068	$2,443 $2,604	$2,945 $3,140	$3,448 $3,676	$3,950 $4,212	$4,453 $4,748	$4,955 $5,284	$5,458 $5,820	$5,960 $6,356	$6,463 $6,892	$6,965 $7,428	$7,468 $7,964	$7,970 $8,500	$8,473 $9,036	$8,975 $9,572	$9,478 $10,108	$9,980 $10,644	$10,483 $10,914	$10,985 $11,106	8.0%
>160% - <=185%	$2,069 $2,392	$2,605 $3,011	$3,141 $3,631	$3,677 $4,251	$4,213 $4,871	$4,749 $5,490	$5,285 $6,110	$5,821 $6,730	$6,357 $7,350	$6,893 $7,969	$7,429 $8,589	$7,965 $9,209	$8,501 $9,829	$9,037 $10,149	$9,573 $10,340	$10,109 $10,531	$10,645 $10,723	$10,914 $10,914	$11,106 $11,106	9.0%
>185% - <=250%	$2,393 $3,232	$3,012 $4,069	$3,632 $4,907	$4,252 $5,744	$4,872 $6,582	$5,491 $7,419	$6,111 $8,257	$6,731 $9,000	$7,351 $9,191	$7,970 $9,383	$8,590 $9,574	$9,210 $9,766	$9,830 $9,957	$10,149 $10,149	$10,340 $10,340	$10,531 $10,531	$10,723 $10,723	$10,914 $10,914	$11,106 $11,106	10%
100% of Poverty- FFY 2014	$1,293	$1,628	$1,963	$2,298	$2,633	$2,968	$3,303	$3,638	$3,973	$4,308	$4,643	$4,978	$5,313	$5,648	$5,983	$6,318	$6,653	$6,988	$7,323
85% of SMI Published on 05/15/13	$4,340	$5,361	$6,383	$7,404	$8,425	$8,617	$8,808	$9,000	$9,191	$9,383	$9,574	$9,766	$9,957	$10,149	$10,340	$10,531	$10,723	$10,914	$11,106
1Income level not to exceed 85% of state median income or 250% of poverty. Note: Virginia state median income posted in the Federal Register, Vol. 78, No. 94, Wednesday, May 15, 2013, pages 28597-28599. Note: FY 2014 Poverty Guidelines - Federal Register, Vol. 78, No. 16, Thursday, January 24, 2013, pages 5182-5183. For a household greater than 8, add $4,020 for each additional person.

Historical Notes

Derived from Volume 21, Issue 19, eff. August 1, 2005; amended, Virginia Register Volume 30, Issue 07, eff. February 1, 2016.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 45 CFR 98.11 and 45 CFR 98.42.