Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A client
shall demonstrate that he/she has the financial ability to operate, maintain and
replace a vehicle by having actual or projected remaining disposable monthly income
for basic living expenses at least equal to the current SSI/SSP monthly payment
level for a disabled individual in an independent living situation. The client's
remaining disposable monthly income shall be computed as follows:
(1) Subtract the client's monthly involuntary
payroll deductions, such as federal and state income tax withholding and state
disability insurance, from the client's total monthly gross earned income. If the
client is employed, actual gross earnings and involuntary deductions shall be used.
If the client is not employed, projected gross earnings, based upon the type of
employment being sought and the client's marketable skills, shall be used.
Involuntary deductions shall be projected as 20 percent of the projected gross
earnings. These calculations determine the client's total monthly net earned
income.
(2) Combine the client's total
monthly net earned income with the client's total monthly unearned income and, for
client's who are SSI/SSP recipients, the SSI adjusted amount determined in
accordance with (b). This is the client's total monthly income. Unearned income
includes such payments as SSDI, Veterans benefits and pensions.
(3) From the total monthly income determined in
(2), subtract the projected monthly vehicle operation and maintenance costs
determined in accordance with (c) and the projected driver's costs, if any,
determined in accordance with (d). This is the client's remaining disposable monthly
income.
(b) The SSI adjusted
amount shall be calculated as follows:
(1)
Subtract the client's actual or projected monthly impairment-related work expenses,
if any, from the client's actual or projected total gross earned income determined
in accordance with (a)(1). Impairment-related work expenses shall be limited to
those items specified in 20 CFR
416.976(c), April 1988 edition,
which is incorporated by reference herein. If the client is employed, the actual
cost of impairment-related work expenses shall be used. If the client is not
employed, the Counselor, together with the client, shall estimate the cost of
impairment-related work expenses based upon the special needs of the individual
client.
(2) If the client has:
(A) Both earned and unearned income:
1. Subtract $20 from the client's unearned income.
This is the client's total unearned income used to determine the SSI adjusted
amount.
2. Subtract $65 from the amount
determined in (1). Divide the remainder by two. This is the client's total earned
income used to determine the SSI adjusted amount.
3. Add the amount determined in 1., even if the
amount is less than zero, to the amount determined in 2. This is the client's total
combined monthly income used to determine the SSI adjusted
amount.
(B) Only earned
income:
1. Subtract $85 from the amount determined
in (1).
2. Divide the amount determined
in 1. by two. This is the client's total monthly income used to determine the SSI
adjusted amount.
(3)
Subtract the amount determined in (2)(A) or (B), as appropriate, from the current
SSI/SSP payment level. This is the SSI adjusted amount to be used in
(a)(2).
(c) The costs of
operating, maintaining and replacing a vehicle shall be projected on a monthly basis
in accordance with this subsection. Based upon the special needs of the individual
client, the Counselor, together with the client, shall estimate the type of vehicle
and modifications/assistive devices that will be required. The applicable of the
following amounts shall then be applied:
(1)
Monthly vehicle costs:
(A) Compact or subcompact
car .......................................... $330.00
(B) Intermediate-sized car
.....................................$370.00
(C) Pickup
truck................................... $392.00
(D) Station wagon...............................
$392.00
(E)
Van................................................. $410.00
(2) Monthly modification costs:
(A) Single, such as hand controls or left foot
accelerator .................................................$1.66
(B) Moderately complex, such as passenger
equipment lift or power doors
............................................$12.50
(C) Complex, such as lift, transfer seat, power
tiedown or sensitized steering
.................................................$22.91
(d) If the vehicle will be purchased for the
client as a passenger and the client anticipates driver costs, the Counselor
together with the client shall estimate the number of hours a month that the client
will need a driver for employment-related purposes. This amount shall be multiplied
by the minimum wage of $4.25 per hour to determine the projected driver
costs.
1. New section
filed 7-18-91; operative 8-17-91 (Register 91, No. 45).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference: Section
19150(a)(11),
Welfare and Institutions Code; 34
CFR Section 361.42.
