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2025 Public Benefits Update

Legal Aid Justice Center is monitoring new and proposed changes to eligibility and privacy rules in Virginia and federally. As of July 2025, the US Congress has passed several changes to public benefits eligibility.  

We recommend working with an assister to complete SNAP and Medicaid applications. An assister can help ensure that your application is accurate, answer questions that you have about enrolling in the program, and coordinate with the Department of Social Services to ensure that your application is processed correctly.  

For assistance with Medicaid applications, contact any of our offices if you live within our service area. If you live outside of our service area, please contact EnrollVA: 888-392-5132. 

Medicaid

My whole family is covered under Medicaid – will we lose coverage? 

At this time, we do not expect anyone to immediately lose coverage. Most, but not all, of the provisions in the bill that Congress passed in July 2025 have delayed effective dates, meaning that states do not have to implement them until a later time. Many of the provisions have effective dates in 2027 and 2028, so we will learn more about how current beneficiaries may be impacted as Virginia processes the changes and implements new policies.  

We expect to learn more about new Medicaid work requirements in the coming months. We do not expect Virginia to implement these changes before December 2026, but we will continue to update this page as we learn more. Here’s what we do know right now:

Adults aged 19-64 without disabilities will be required to meet a work requirement to remain eligible for Medicaid. To comply with the work requirement, the adult household members must:

  1. Work 80 hours per month; or 
  1. Volunteer/complete community service for 80 hours per month; or 
  1. Be enrolled in a work program associated with another public benefit; or 
  1. Be enrolled in school at least half time; or 
  1. A combination of the above to reach 80 hours per month 

There are exemptions to the work requirement rule if you are unable to work. We will share more information about exemptions as we learn more about how Virginia plans to implement the new rules.  

We do not yet know what documents will be required to verify eligibility, but in general, a household should be prepared to provide: 

  1. Pay stubs or other employment verification (such as a letter from a supervisor or HR representative) that confirms hourly or weekly income, number of hours worked, and a contact at the company for more information; or 
  1. A letter from a volunteer supervisor stating how many hours are contributed weekly and the type of work completed; or 
  1. Proof of enrollment in school; or 
  1. Military discharge documents; or 
  1. A letter from a treating medical provider stating the nature of health conditions, whether the applicant is unable to work, and for how long.  

My children are US Citizens, but I am not – will my children lose Medicaid coverage? 

US Citizen children should not automatically lose coverage as a result of the July 2025 bill.  

The bill limits eligibility for noncitizens but preserves eligibility for US Citizens and Naturalized Citizens.  

I am not a US Citizen, will I lose my Medicaid coverage? 

It is possible that you will lose your Medicaid coverage, but not immediately.  

The new federal rules limit eligibility to noncitizens who: 

  1. Are Lawful Permanent Residents who meet certain conditions (such as holding LPR status for at least 5 years); or 
  1. Are certain Cuban or Haitian Entrants; or 
  1. Are eligible for benefits under the Compact of Free Association. 

Most others, including elderly people, some children, and people with disabilities could lose coverage, depending on their individual circumstances.

We do not yet know how Virginia will implement this policy. We will provide additional information as it becomes available.  

Do I need to meet a work requirement to maintain my Medicaid coverage? 

The work requirements are not yet required in Virginia Medicaid. The bill Congress passed in July 2025 requires states to implement work requirements by 2028, so Virginia will issue its policies soon. As of July 7, 2025, no one in Virginia must comply with a work requirement to keep Medicaid Coverage.  

Work requirements will apply to any adult aged 19-64 without a disability. The law will require anyone in that group to:  

  1. Work 80 hours per month; or 
  1. Volunteer/complete community service for 80 hours per month; or 
  1. Be enrolled in a work program associated with another public benefit; or 
  1. Be enrolled in school at least half time; or 
  1. A combination of the above to reach 80 hours per month. 

You will not be required to meet the work requirement if you are:  

  1. Under age 19 
  1. Receiving disability benefits 
  1. Institutionalized 
  1. A parent/caretake for a child aged 13 or younger, or caretaker to someone receiving disability benefits 
  1. A Veteran 
  1. Living with complex medical conditions 
  1. Pregnant 
  1. Complying with work requirements for another public benefit program (such as SNAP).  

I think I have lost my Medicaid because of the changes in Congress’s July 2025 bill. What do I do? 

Contact your local legal aid office right away. Visit our Get Help page to find contact information for our offices.  

You can appeal if you believe that your Medicaid has been erroneously terminated or denied.  

  • When you appeal, you may be eligible for continued coverage to avoid any lapse in coverage. Note that if you request continued coverage and you ultimately lose your appeal, you could be liable to pay back the cost of services that you received while the appeal was pending.  

SNAP

My family relies on SNAP benefits for food – will we lose benefits? 

 Some households will see their benefits reduced or terminated, depending on each household’s circumstances. Many of the SNAP provisions in Congress’s July 2025 bill are effective right away, and Virginia is gradually releasing updates to its policies to implement those changes. We will continue to update this page as more information becomes available.

Households that may be directly impacted:

  • Households with noncitizen members (see below)
  • Households with adults subject to the work requirement (see below)
  • Some households receiving LIHEAP in the Winter or Summer to assist with heating/cooling bills

Whether a household loses benefits as a result of the changes will depend entirely on the individual circumstances for each household. If you receive a notice that your benefits have been reduced or terminated, or you are denied benefits when you first apply and you think the decision is wrong, contact your local legal aid office right away. Visit our Get Help page for contact information at each LAJC office.

Note: There have been changes impacting SNAP benefits resulting from the Fall 2025 Federal Government Shutdown. These are separate from Congress’s July 2025 bill that changed eligibility rules. If you believe your benefits have been impacted by the shutdown, see the FAQ on this page.

My children are US Citizens receiving SNAP benefits – will their benefits be terminated? 

Although Congress’s July 2025 bill restricted access to benefits for noncitizens (see below), US citizens remain eligible for SNAP benefits under the same eligibility rules that existed before the July 2025 bill passed.  

The bill restricts access to benefits for many noncitizens, so if children are the only US Citizens in the home and others have other status, it is possible that benefits for the household will be reduced. Whether benefits will be reduced depends entirely on individual household circumstances. If you think that your household’s benefits have been terminated or reduced because of the changes in Congress’s July 2025 bill, contact your local legal aid right away. Visit our Get Help page to find contact information for each LAJC office.  

I am not a US Citizen but have been eligible for SNAP benefits because of my status. Will I lose my benefits? 

You may lose benefits or see benefits reduced. Congress’s July 2025 bill restricts noncitizen eligibility for SNAP benefits to: 

  • Lawful permanent residents who have held their green card for at least 5 years or who have at least 40 quarters of work history in the US; 
  • Certain Cuban or Haitian Entrants; and 
  • People eligible for benefits under the Compact of Free Association.  

All other noncitizens, including elderly people, children, pregnant people, and people with disabilities will eventually lose access to SNAP benefits.  

We expect Virginia to implement these changes very soon. We will provide more information as it becomes available. If you believe that your SNAP benefits have been terminated, reduced, or denied because of the new eligibility requirements, you should contact your local legal aid right away. Visit our Get Help page for LAJC contact information. 

I am not a US Citizen, but I need food support. Can I apply for benefits? 

Unfortunately, effective immediately, the only noncitizens eligible for SNAP benefits are:  

  • Lawful permanent residents who have held their green card for at least 5 years or who have at least 40 quarters of work history in the US; 
  • Certain Cuban or Haitian Entrants; and  
  • People eligible for benefits under the Compact of Free Association. 

All other noncitizens, including elderly people, children, pregnant people, and people with disabilities are not eligible for benefits. If you are not eligible for benefits, you should not apply, including because of how much of your personal information will be shared with the Virginia and Federal governments.  

I am not eligible for SNAP benefits, but my children are. Can I apply for benefits for them? 

Yes, you can apply for benefits for the eligible members of your household. We recommend working with an application assister or speaking with an attorney about how to best prepare the application. Visit our Get Help page for contact information for all LAJC offices.  

Do I have to meet a work requirement to continue receiving SNAP benefits? 

Depending on your age and circumstances, you may need to meet a work requirement. With the changes in Congress’s July 2025 bill, work requirements apply to all adults aged 18-64 without a disability and/or without dependents. Virginia has recently implemented these changes, so anyone aged 18-64 who submits a new application for SNAP benefits or completes a recertification after November 1, 2025, will have to either show that they meet the minimum required hours or that they are exempt.

If you must meet a work requirement, you must provide evidence that you: 

  • Work 80 hours per month; or
  • Volunteer for 80 hours per month; or
  • Attend school at least half-time; or
  • Meet the requirements of another public benefits program.

You may be exempt from the work requirement if you fall into one of these categories:

  • Children under 18
  • People medically certified as unable to work
  • People receiving disability benefits
  • People receiving Unemployment Benefits
  • Parents/caretakers for a child aged 14 or under
  • Pregnant people
  • Certain American Indian groups

It is likely that the Department of Social Services (DSS) will require documentation to support your claimed exemption. To prove that you meet an exemption, be prepared to submit to DSS:

  • A copy of your social security award letter;
  • A letter from a doctor or other treating provider explaining your current medical needs and/or ability to work;
  • Award letter(s) for other benefits;
  • Proof of participation in work programs for other benefits (such as TANF VIEW or the Unemployment Insurance work search);
  • Other documents that may show that you should be exempt from the SNAP work requirement.

If you cannot provide evidence of complying with the work requirement, or evidence of an exemption, you may be limited to receiving 3 total months of SNAP benefits in a 36-month period.

Until Congress passed the July 2025 bill, work requirements in Virginia extended only to people aged 19-54, and there were additional exemptions for Veterans, people experiencing homelessness, and former foster children—these are no longer available. With the 2025 changes, it is possible that you may be newly required to comply with the work requirements, so ensure that your contact information is up-to-date to receive any notices or requests for information from DSS.

Virginia sent out notices in October to households that it believes may be newly subject to the work requirement. Even if you did not receive one of these notices, you may be required to show compliance or exemption at recertification. Virginia should not limit your eligibility unless or until you have had the opportunity to respond to the work requirement. It’s possible that you may be “procedurally” terminated from SNAP benefits if you fail to return any requested forms, evidence, or other requests from DSS. It is essential that all SNAP beneficiaries keep their contact information up-to-date to receive notices on time.

If you believe that your SNAP benefits have been wrongly reduced, denied, or terminated because of a work requirement (or otherwise), contact your local legal aid right away. Visit our Get Help page for contact information for all LAJC offices.

I think I lost my SNAP benefits/my household’s SNAP benefits were reduced because of Congress’s July 2025 bill. What do I do? 

Contact your local legal aid right away. Visit our Get Help page for contact information for all LAJC offices.  

You can file an appeal if you believe that your benefits were erroneously denied.

  • You may qualify for continued benefits while the appeal is pending, but note that if you ultimately lose the appeal you may be liable to pay back the cost of any benefits that you received and used while the appeal was pending.  

I want to apply for LIHEAP (Winter Fuel Assistance), will that impact my SNAP benefits?

It might. Up until recently, to determine the amount of SNAP benefits that you’re eligible for, Virginia’s Department of Social Services (DSS) based the calculation on standardized amounts for everyone with heating or cooling expenses, regardless of whether you received any public assistance to help with paying those expenses. This means that a standard amount was deducted from the calculation of your income if you had heating or cooling expenses.

With its recent changes to the SNAP program, the U.S. Congress has changed that calculation for some households receiving LIHEAP. If you qualified for the standard utility deduction for SNAP, based on your enrollment in LIHEAP, your deduction may be impacted. Now, if you are receiving LIHEAP, you can still receive the standard deduction you previously would have gotten only if you live with someone aged 60 or older, or with someone living with disabilities.

If you do not live with someone who meets one or both of these criteria, and you receive LIHEAP (Winter Fuel Assistance), DSS will not approve the standard deduction for you. Instead, it will look at the specific amount that you are required to spend on your heating/cooling bills and deduct only the actual amount you must pay out of pocket. You are still allowed to receive LIHEAP (Winter Fuel Assistance), but know that it could mean that your SNAP benefits will be slightly lower than you are used to.

If you do not receive LIHEAP, but you have a heating or cooling expense, then you can still receive the standard utility allowance. Be prepared to provide copies of your electricity/gas/other heat or cooling bill to DSS with your application or recertification.

If your SNAP benefits are wrongly terminated, or you think that your benefits were reduced more than they should have been, reach out to your local legal aid office right away. Visit our Get Help page to locate a LAJC office near you.

LIHEAP

What is LIHEAP?

The Low-Income Home Energy Assistance Program (LIHEAP or EAP) is a program that supports households living at or below 150% of the federal poverty level ($1,956 per month for a household of 1; $4,018 per month for a household of 4) who have high energy bills. The program provides assistance with equipment, primary energy bills, and security deposits. LIHEAP is divided into three programs: Fuel Assistance, Crisis Assistance, and Cooling Assistance.

Virginia’s Department of Social Services (DSS) accepts Fuel Assistance applications from the second Tuesday in October through the second Friday in November (October 14, 2025 through November 14, 2025). Fuel assistance helps with winter heating costs and can be used to restart services and to pay delivery fees, fees associated with service connection, and primary heating expenses.  

  • To apply for Fuel Assistance, visit your local DSS office, go to commonhelp.virginia.gov, or call the Enterprise Call Center at 855-635-4370.  

DSS accepts Crisis Assistance applications depending on the emergency need. Applications associated with heat security deposits, heating equipment installation, or heating equipment repair are accepted November 1 through March 15. Applications for purchase of fuel or payment of a primary heating bill are accepted January 2 through March 15.  

  • To apply for Crisis Assistance, visit your local DSS office, visit commonhelp.virginia.gov, or call the Enterprise Call Center at 855-635-4370. 

DSS accepts Cooling Assistance applications from June 15 through August 15. Cooling assistance is available only to households where at least one member is aged 60 or older, aged 6 or younger, or is living with a disability.  

  • To apply for Cooling Assistance, visit your local DSS office, visit commonhelp.virginia.gov, or call the Enterprise Call Center at 855-635-4370. 

What are the eligibility requirements for LIHEAP? 

For all three LIHEAP programs, applicants must: 

  • Live at or below 150% of the federal poverty level, based on gross monthly income (income before taxes); in general, household income for everyone living in the home is counted in this calculation except for some narrow exceptions) 
  • Live in Virginia; 
  • Live in the county in which the applicant has applied to for assistance; 
  • Meet certain citizenship requirements (see below for more details); and
  • Be responsible for a heating or cooling expense: this generally means that the household must be obligated to pay a monthly heating or cooling bill as a separate utility expense (meaning that the expense must be identified specifically in a bill); if your heating/cooling expenses are included in your electricity bill, that still complies with this requirement.  

Note: Households whose heating/cooling expenses are covered as part of their monthly rent, but there is no specifically listed cost for the heating/cooling, likely are not eligible for LIHEAP assistance. 

  • Example A: José rents an apartment and pays $1600 per month in rent, and his landlord charges him an extra $60 per month for electricity, which provides his heating. If José meets all other eligibility criteria, he could be eligible for LIHEAP assistance with this $60-per-month electricity bill. 
  • Example B: José rents a room in a shared house with his landlord. He pays $500 every month, which is used to cover his rent and utilities. He does not know what portion of the $500 is used for his portion of utilities. Even if José meets all other eligibility criteria, he likely is not eligible for LIHEAP assistance because he is not responsible for a heating/cooling expense under the program rules.

Each LIHEAP program also has its own eligibility criteria, including certain citizenship/immigration status requirements:  

Winter Fuel Assistance: This is the broadest program, and anyone who meets the general requirements could be eligible for this assistance.  

Crisis Assistance: This is a similarly broad program, but it has restrictions on how frequently someone can access these funds depending on the use. So even if you meet the eligibility criteria, it is possible the DSS could find you ineligible based on prior use of the program.  

Cooling Assistance: Someone seeking assistance in this program must meet all of the general eligibility requirements, and the household must have at least one member who is:  

  • Aged 60 or older,
  • Aged 6 or younger, or 
  • Living with a disability.

What do I need to bring with me to apply for LIHEAP / What documents do I need to give to DSS for LIHEAP assistance?

You must prove that you meet all eligibility factors, so you should plan to provide: 

  • Your primary heating/cooling bill (the full bill, including your address for residency verification); 
  • At least one month of paystubs (if your income varies more than $150 per paycheck, you should provide 2 months of paystubs); 
  • Social security numbers and dates of birth for everyone who lives in your home (if some members of your household are not U.S. citizens, you should also be prepared to prove their immigration status using either their visa, status documents, employment authorization, or other relevant documentation); 
  • Disability award letters, if anyone in the home receives disability payments; and
  • Other proof of residency if not available on your heating/cooling bill (such as a lease, mortgage letter, or letter from your landlord).  

Does LIHEAP cover my full bill? 

Generally, no. The program is designed to cover a portion of the bill/cost and not the full bill, except in very narrow circumstances.

Is LIHEAP available to noncitizen households? 

Historically, the federal agency responsible for LIHEAP has required states to provide benefits to any household member who is a U.S. Citizen or who had qualifying immigration status (such as lawful permanent residency, asylum, or refugee status). Generally, states were required to reduce the benefits available to the household so that anyone who lived in the home who did not have a qualifying status was not “receiving” benefits.  

Noncitizen eligibility for federal benefits is changing constantly. As of October 8, 2025, eligibility rules for LIHEAP remain the same. Check back here or visit liheapch.acf.gov for updates.

I heard that LIHEAP funding was eliminated. Is that true? 

Funding has not yet been eliminated. As of October 8, 2025, Congress is still debating funding levels as part of its regular budget and appropriations process. Early in 2025, there were proposals to cut the program, but those cuts did not make it into final law.  

I heard that LIHEAP staff were all fired. Is that true? 

In April 2025, most of the staff in the Office of Community Services (a federal agency) were laid off. That office is responsible for distributing LIHEAP funding to the states. Some members of that office were rehired to continue administering the program, but as of September 2025, there is still little clarity on how these job cuts will impact how Virginia administers the LIHEAP program. It is likely that there will be delays in releasing funds to states, which may result in delays in issuing benefits to eligible households in Virginia.  

Has Virginia eliminated the LIHEAP programs?  

As of October 8, 2025, Virginia has not discontinued the LIHEAP programs.

LIHEAP is taking too long, and I worry that my services are going to be disconnected in the Winter.  

Depending on the program you applied for, DSS generally has to decide your eligibility “as soon as possible.”  

If it has been more than 45 days since you submitted your LIHEAP application and you still have not received an eligibility determination, you may: 

  1. Request a Local Agency Conference, where you speak to a supervisor at the DSS about your case;
  2. File an appeal to the Virginia Department of Social Services; or
  3.  Seek other forms of assistance along with your LIHEAP application: If your primary source of heating is electricity, seek out a Percentage of Income Payment Program (PIPP) plan (More information available here); balance billing programs make your monthly payment the same each month, regardless of usage.

Note: Federal regulations require that appeals be made available to households whose applications are not acted upon “with reasonable promptness.” If you bring an appeal based on a timeliness violation, and Virginia’s DSS refuses to grant your appeal, contact your local LAJC office right away.  

My application for LIHEAP was denied or never received a decision. How do I appeal? 

Submit this form (available in Spanish here) or other written request for appeal to the Virginia Department of Social Services (DSS). 

  • You can mail your request to:   
    VDSS Hearing and Legal Services Manager
    5600 Cox Road Glen Allen, VA 23060 
  • You can fax your request to: 804-726-7656 
  • You can email your request to: appeals@dss.virginia.gov  

Once you appeal, you should receive a notice from the Appeals Division informing you of the date and time of your hearing and how to submit your supporting evidence.  

In your appeal, you have the right to review all evidence that DSS used to decide your case – if you do not receive this information from DSS by 5 days before your appeal, you should contact the appeals division/hearing officer in writing right away. You also have the right to present your own evidence. If you have any documents that you want the hearing officer to review (such as utility bills or pay stubs, for example), be sure to follow the instructions on the Appeal Notice and submit them to the hearing officer at least 48 hours before the hearing. You can also present evidence through sworn testimony in the hearing. This means that you (and any witness(es) you bring with you) will promise to tell the truth under penalty of perjury before you tell your side of the story. Finally, you have the right to ask the DSS questions about the evidence that it presents or that it relied on in making its decision about your case.  

In any appeal, you have the right to bring someone to help you present your case – this can be an attorney or anyone who you trust to help you with the case.  

Last updated: 10/15/2025

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