Current through Register Vol. 39, No. 6, September 16, 2024
(a)
Modification of a client's residence or vehicle is limited as follows:
(1) A limit of twelve thousand dollars
($12,000) shall be placed on modification projects when the residence is owned
by the client or the client's immediate family.
(2) Modifications to a mobile home owned by
the client or the client's family which is located on land owned by the client
or client's family, except for those situations where exterior modifications
are not permanently affixed to a parcel of rented or leased land and are
moveable with the mobile home, shall not exceed eight thousand five hundred
dollars ($8,500) per project. Modifications to a mobile home not meeting the
ownership and land ownership requirements stated in this Paragraph shall not
exceed five thousand five hundred dollars ($5,500) per project.
(3) Modifications to rented or leased
residences shall not exceed five thousand five hundred dollars ($5,500) per
project.
(4) The limitations
indicated in (1) through (3) of this Paragraph apply unless a higher amount is
needed to meet the cost of unforseen structural damage needing repair or
adaptive equipment and related assistive technology and devices necessary:
(A) to accommodate the individual's degree of
disability, and
(B) to enable the
individual to complete the rehabilitation program or meet the goals of the
independent living program.
Amounts exceeding the limitations must be approved by the
Division's Modification Review Committee.
(b) Job site modifications shall
not exceed seven thousand dollars ($7,000) per client unless the vocational
placement requires adaptive equipment which necessitates extensive physical
site changes that warrant a higher amount which must be approved by the
Division's Modification Review Committee (MRC).
(c) The Independent Living Program of the
Division may assist with the modification of a client or
family-owned/leased-to-purchase vehicle in order to enhance the client's
ability to function independently in the family or to actively participate in
the community. The Vocational Rehabilitation Program of the Division may assist
with the modification of a client or family-owned/leased-to-purchase vehicle
for employment purposes or to assist a client enrolled in a college training
program. Other options such as public transportation or family assistance shall
be used when available. The following conditions and limitations apply:
(1) Modifications shall not be considered for
clients in secondary school programs unless the individual is a client of the
Independent Living Rehabilitation Program.
(2) Modifications for postsecondary training
may be considered only:
(A) when the client is
a full-time student with satisfactory grades and personal transportation is
required as part of the training curriculum; or
(B) when the client must live off campus
because the college has no, or only limited, on-campus housing.
(3) The Division shall require an
evaluation of any used vehicle by a certified mechanic or a dealership to
verify that the vehicle is in good repair. The rehabilitation engineer shall
certify that the vehicle will accommodate the needed modifications.
(4) Division ownership of the modifications
shall be secured through a signed Security Agreement.
(d) The Vocational Rehabilitation Program may
contribute to the cost of purchasing a vehicle for modification purposes for
eligible clients with the most severe disabilities under the following
conditions and limitations:
(1) The Program
shall not contribute to the purchase of more than one vehicle for any
individual.
(2) The Program shall
select the most cost effective method, based on the recommendation of the
Rehabilitation Engineer, to secure a vehicle that meets the modification
requirements of the individual.
(3)
The vehicle must be titled to or in the process of being purchased through a
lease-to-purchase arrangement by either the client or the client's immediate
family.
(4) The Program shall
contribute to the purchase of a vehicle only when a vehicle is required to
accomplish the employment goal of the individual which must be at or above the
substantial gainful activity (SGA) level as defined by Social Security
Administration.
(5) A comprehensive
review of other financial resources must be conducted by the client and
counselor detailing the plan for purchasing, insuring, and maintaining the
vehicle.
(6) The client must
contribute a minimum of 50 percent of the initial purchase cost of the
vehicle.
(7) All vehicle purchases
shall be approved by the Modification Review Committee. The Modification Review
Committee may grant an exception to any of the provisions of this Paragraph
only upon the written recommendation of the appropriate regional director of
the Division which shall indicate why the exception is needed in relation to
the individual's particular disability and employment goal.
(e) Other goods and services not
specifically mentioned in the rules in this Section may be provided to clients
who are eligible for services if necessary to enable them to become employable
or, in the case of the Independent Living Program, to live independently. The
other services shall not include the purchase of land or the purchase or
construction of a building.
Authority
G.S.
143-545A;
143-546A;
34 C.F.R.
361.42;
Eff. May 1,
1990;
Amended Eff. February 1, 1996; October 1, 1994;
Pursuant to
G.S.
150B-21.3A rule is necessary without
substantive public interest Eff. March 1,
2016.
