Current through September 24, 2024
(1) VR will
consider the financial need of each eligible individual in determining the
extent of the individual's participation in the cost of services that require
such participation.
(2) A financial
need assessment (FNA) is based on an individual's household income and
financial circumstances, the number of individuals living in the household,
allowed deductions, approved exceptions, and the current financial need level
established by VR. The FNA will be conducted prior to development of an
individual's IPE and annually thereafter or sooner if there are changes in an
individual's financial circumstances.
(a)
Household income includes the adjusted gross income (AGI) of the household
contributors providing more than half of the individual's support as shown on
the most recent completed joint or separate federal income tax returns
regardless of whether the individual is claimed on the tax return or lives with
the individuals; other individual and/or spouse income sources such as paycheck
stubs, bank statements, business income receipts or fixed income deposits; and
other income from household contributors other than the eligible individual
such as SSA benefits, Families First benefits or other sources.
(b) Deductions include current out-of-pocket
payments being made at the time the initial FNA or an annual financial need
review is completed for non-reimbursed household medical or dental expenses;
medical insurance premiums for which the individual is included in the
coverage; court ordered obligations other than alimony; and post-secondary
educational loans of the individual, not other household members.
(c) Exceptions to participating in the cost
of services may include the amount of benefit for fixed income, payments for
disability-related expenses, or similar financial circumstances.
(3) Individuals who are determined
to meet financial need are exempt from participating in the cost of most VR
services using personal funds but are not exempt from applying for and using
comparable services and benefits or from paying additional costs when services
chosen by the individual exceed the allowable fees established by VR.
Individuals who are determined to meet financial need include individuals:
(a) Whose household income, financial
circumstances, number of individuals living in the household and deductions
have been verified and documented and, based on the FNA conducted in accordance
with VR policy, the financial need level is not exceeded;
(b) Who have been determined eligible for and
verified and documented to be receiving SSI or SSDI benefits based on the
individual's own disability or blindness; or
(c) Who have been determined eligible for and
verified and documented to be receiving Families First cash benefits.
(4) Individuals who are determined
to be over financial need are required to participate in the cost of services
subject to need unless an exception has been approved by VR. Individual
participation in the cost of services cannot exceed the amount that the
individual is over need.
(5) VR may
not apply a financial needs test, or require the financial participation of the
individual as a condition for furnishing the following VR services:
(a) Assessment for determining eligibility
and priority 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;
(b) Assessment for determining vocational
rehabilitation needs;
(c)
Vocational rehabilitation counseling and guidance;
(d) Referral and other similar
services;
(e) Job-related
services;
(f) Personal assistance
services;
(g) Any auxiliary aid or
service (e.g., interpreter services), reader services that an individual with a
disability requires under section 504 of the Rehabilitation Act (29 U.S.C.
794) or the Americans with Disabilities Act
(42 U.S.C.
12101, et seq.), or regulations implementing
those laws, in order for the individual to participate in the VR program as
authorized under this part; or
(h)
If the individual in need of a service has been determined eligible for Social
Security benefits under titles II or XVI of the Social Security Act.
Authority: T.C.A. §§
4-5-202,
49-11-601, et seq., and
71-1-105(a)(12); 29 U.S.C.
§§
720, et seq.; and
34 C.F.R. §
361.54.
