Current through Register Vol. 46, No. 12, March 20, 2024
(a) Purpose. The
agency's limited financial resources shall be allocated to maximize provision
of vocational rehabilitation services to those eligible individuals with the
greatest financial need. The determination of financial need shall be
considered an integral part of the rehabilitation planning process for eligible
individuals receiving vocational rehabilitation services.
(b) Eligible individuals exempt from
financial need requirements.
(1) The
following individuals shall not be subject to a financial needs test:
(i) public assistance recipients for whom
verification of receipt of assistance has been received by the agency;
and
(ii) persons determined
eligible for Social Security benefits under title II or XVI of the Social
Security Act.
(2) If an
eligible individual has been terminated from any of the programs listed in
paragraph (1) of this subdivision, the individual shall become subject to
financial need requirements, unless he/she is made eligible for another of such
programs.
(3) The agency reserves
the right to waive the requirement of meeting financial need criteria, if the
agency deems it to be in the best interests of an individual terminated from
any of the programs in paragraph (1) of this subdivision, or for an individual
whose family resources increase following commencement of a program of service
under an Individualized Written Rehabilitation Program.
(c) To the extent permitted by Federal law,
all services will be subject to financial need requirements. Individuals will
be informed of those services subject to financial need at the time of program
planning, and other appropriate times.
Services provided to individuals without regard to
financial status are:
(1) assessment
for determining eligibility and priority for services except those
non-assessment services that are provided to an individual with a significant
disability during either an exploration of the individual's abilities,
capabilities, and capacity to perform in work situations through the use of
trial work experiences or an extended evaluation;
(2) assessment for determining vocational
rehabilitation needs;
(3)
vocational rehabilitation counseling and guidance;
(4) referral and other services;
(5) job-related services;
(6) personal assistance services;
and
(7) any auxiliary aid or
service such as interpreter services or reader services that an individual with
a disability requires under section 504 of the Rehabilitation Act or the
Americans with Disabilities Act or regulations implementing those laws, in
order for the individual to participate in the agency's program.
(d) Computing individual's and
agency's participation in service costs.
(1)
The agency will establish levels of individual financial need to determine the
extent of participation by the eligible individual in the cost of the
vocational rehabilitation services. These levels will take into account the
current income and assets of the individual, the individual's spouse, and any
other relative upon whom the individual is considered dependent.
(2) The agency's participation in the cost of
a vocational rehabilitation service will be limited by the maximum level of
funding established for such service pursuant to section
247.14
of this Part.
(3) Financial
information submitted by each eligible individual will be applied against the
agency's financial need levels. The agency will establish and maintain written
procedures for performing these determinations. These procedures will be
available to each individual.
(4)
The financial need of all eligible individuals will be reviewed at least once a
year.
(e) Determination
of dependency.
(1) An eligible individual
under the age of 22 will be presumed dependent upon his or her parents, or
legal guardian, unless the individual can satisfactorily demonstrate that he or
she would not be considered dependent if the dependency test contained in
paragraph (2) of this subdivision were applied.
(2) An eligible individual of age 22 or older
will be considered independent, unless in the most recent calendar year more
than one half of the individual's total support was provided by a
relative.
(f) Submission
of financial information.
(1) Each eligible
individual shall be required to report at least annually on income, assets,
dependency status, and similar benefits available under other programs or
insurance which might duplicate agency services.
(2) The eligible individual shall also be
required to report at least annually on the income and assets of the
individual's spouse and, if the individual is a dependent, on the income and
assets of the relative upon whom the individual is dependent.
(3) The eligible individual may be required
to present documentation of all financial need information reported.
(4) The eligible individual shall be required
to report any changes in income, assets, dependency status, or similar benefits
that would have an effect on the financial need determination. The agency will
maintain written procedures for adjusting financial need determinations under
such circumstances.
(g)
Refusal to provide financial information.
(1)
In the event the eligible individual or the individual's spouse, or the
relative upon whom the individual is dependent, refuses to provide information
or documentation required to determine financial need, the agency will withhold
all services which are contingent upon financial need, except as otherwise
provided in paragraph (2) of this subdivision.
(2) In the event that the individual upon
whom the eligible individual is dependent refuses to provide information or
documentation required to determine financial need, upon satisfactory
demonstration of the individual's cooperation, the agency, at its discretion,
may provide services contingent on financial determinations based solely on
documented information provided by the individual.
(h) Refusal to assume responsibility for
financial participation.
(1) If an eligible
individual refuses to contribute the share of service cost indicated by
financial need computations, from resources within the control of the
individual, then no service contingent on financial need may be
authorized.
(2) If the resources in
question are controlled by another person who refuses to accept responsibility
for the cost of services, the agency will determine whether the resources are
actually available to the eligible individual or whether they may be excluded
from financial need computations. Considerations in this determination shall
include:
(i) the nature of the individual's
relationship with the individual who controls the resources;
(ii) the probable effect on the individual's
situation of continuing to include such resources in financial need
computations; and
(iii) the
long-term public interest, if there is a probability that the withholding of
vocational rehabilitation services will result in the individual becoming or
remaining on public assistance.