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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 29. PUBLIC WELFARE |
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Chapter 29-1. VOCATIONAL REHABILITATION SERVICES |
Section 29-124. CONSUMER PARTICIPATION IN THE COST OF SERVICES BASED ON FINANCIAL NEED
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124.1 Each eligible individual shall contribute financially to the cost of rehabilitation services that he or she receives, pursuant to the standards set forth in this section.
124.2In determining the amount that an eligible individual shall contribute to the costs of rehabilitation services that he or she receives, the Rehabilitation Services Administration shall consider the financial need of the eligible individual through uniform application of a financial need test. The test shall be implemented in accordance with 34 C.F.R. § 361.54(b) and the provisions of this Section.
124.3 An eligible individual shall participate in the financial need test, unless he or she is exempt pursuant to this Section. The financial need test shall be completed at the following times:
(a)At the time the first Individualized Plan for Employment (IPE) or Independent Living Plan (ILP) is developed;
(b)Annually when the IPE or ILP is reviewed and/or amended in accordance with Section 110 of this Chapter and 34 C.F.R. § 361.45(d); and
(c)Each time there is a change in an eligible individual's financial status.
124.4 The following person(s) shall participate in the financial need test to determine the eligible individual’s contribution toward the cost of rehabilitation services:
(a) The eligible individual and the eligible individual’s spouse; and
(b) Any other person who:(1) Claims the eligible individual as a dependent for federal tax purposes; or
(2) Is required to provide financial information on the eligible individual’s free application for federal student aid, in accordance with the Higher Education Act of 1965, approved November 8, 1965 (79 Stat. 1219; 20 U.S.C. §§ 1001, et seq.).
124.5 The following person(s) are exempt from the financial need test and are not required to contribute to the cost of vocational rehabilitation or independent living services:
(a) A ward of the District of Columbia Government committed to the jurisdiction of the Child and Family Services Agency, or its successor agency, pursuant to section 11 of the Act to establish a Board of Public Welfare in and for the District of Columbia, to determine its functions, and for other purposes, approved March 16, 1926 (44 Stat. 210; D.C. Official Code § 4-114 (2008 Repl.)) and section 301a of the Prevention of Child Abuse and Neglect Act of 1977, effective April 4, 2001 (D.C. Law 13-277; D.C. Official Code § 4-1303.01a (2008 Repl.));
(b) A recipient of Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI);
(c) A client of the Income Maintenance Administration or its successor agency, who meets the requirements for Income Maintenance Administration-related rehabilitation programs; or
(d) An eligible individual receiving another form of public assistance income as defined in the federal Social Security Act of 1935, approved August 14, 1935 (49 Stat. 620; 42 U.S.C. §§ 301, et seq.).
124.6 An eligible individual who is required to participate in the cost of services, in accordance with this Section, shall:
(a) Complete the Economic Status Report Form by the Rehabilitation Services Administration annually or as needed to accurately calculate an eligible individual’s participation in the cost of services;
(b) Promptly notify the Rehabilitation Services Administration of any changes in financial status within forty-five (45) days after the change;
(c) Participate in the Rehabilitation Services Administration’s review of the eligible individual’s financial status annually and/or as needed to provide an eligible individual services pursuant to the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 357, 29 U.S.C. §§ 701, et seq.);
(d) Execute an Individualized Plan of Employment (IPE) or
Independent Living Plan (ILP) prepared in accordance with this Section; and
(e) Complete the Economic Status Report Form prescribed by the Rehabilitation Services Administration annually or as needed to accurately calculate an eligible individual’s participation in the cost of services.
124.7 The following vocational rehabilitation and independent living services, as defined in Section 199, shall not be subject to the financial need test:
(a) Assessment and related services to determine eligibility, priority for
services, and vocational rehabilitation needs;
(b) Counseling, guidance, and referral services that the Rehabilitation
Services Administration provides;
(c) Maintenance when additional costs are incurred as a result of
undertaking or participating in assessment services;
(d) Transportation when required to enable an eligible individual to
participate in assessment services (i.e., diagnostic services);
(e) Personal assistance services during the assessment process;
(f) Placement services, including job coaching and on-the-job training,
that the Rehabilitation Services Administration provides;
(g) Auxiliary aids or services, such as interpreter services or reader
services that an eligible individual requires in order to participate in
the assessment process; and
(h) Non-assessment services that are provided to an eligible individual
with a significant disability during either an exploration of the abilities,
capabilities, and capacity to perform in work situations through the use
of trial work experiences or an extended evaluation.
124.8The following vocational rehabilitation services, as defined in Section 199, shall be subject to the financial need test:
(a) Physical and mental restoration;
(b) Maintenance, except as provided in Subsection 124.7(c);
(c) Telecommunications, sensory, and other technological aids and
devices;
(d) Transportation not associated with diagnostic services;
(e) Training;
(f) Occupational licenses;
(g) Books and training materials;
(h) Tools, equipment, and initial stock; and
(i) Supplies and other goods and services including services to familymembers.
124.9 The following independent living services shall be subject to the financial need test:
(a) Physical and mental restoration services;
(b) Housing incidental to the provision of independent living rehabilitationservices, including appropriate accommodations and modifications of
space utilized to serve eligible individuals with severe disabilities;
(c) Transportation;
(d) Recreational services;
(e) Services to family members of eligible individuals with severe disabilities if the services are necessary for improving the ability of the eligible individual to live and function more independently; and
(f) Telecommunication, sensory, and other technological aids and devices.
124.10 (a) The Rehabilitation Services Administration shall calculate an eligible
individual’s financial contribution toward the cost of vocational
rehabilitation or independent living services based upon the following:
(1)The combined wages, salaries, tips, and other income (that is, annual gross income) of the eligible individual and his or her parents and guardians, as identified by:
(A)The annual gross income listed on the Internal Revenue Service (IRS) Form 1040, 1040A, or 1040EZ of the eligible individual, parent, or guardian, and any relevant schedules, forms, or supplemental documentation or supporting information listed on the IRS Form 1040, 1040A, or 1040EZ; or
(B)Original copies of documents verifying the annual gross income of the eligible individual, parent, or guardian, if he or she is ineligible to file a federal tax return pursuant to IRS guidelines, or has otherwise not filed a federal tax return;
(2)Information reported on the federal Student Aid Report
(SAR) or other grant applications required under Section
122 of this Chapter, if the consumer is attending a post-
secondary institution; and
(3)The family unit size (defined as the number of dependents
claimed for federal tax purposes); and
(4)The schedule identified in § 124.11 of this Section.
(b)A credit shall be applied to reduce the individual’s or his or her parents’ or guardian’s annual gross income, in order to account for disability related expenses, child support payments, and educational expenses that impact the reasonableness of requiring an eligible individual to contribute to the cost of vocational rehabilitation and/or independent living services. The credits are as follows:
(1)A maximum credit of one thousand dollars ($1,000) may be applied against an eligible individual’s gross income to account for unreimbursed medication payments and/or medical payments. These expenses must be substantiated by documentation referenced in Section 124.9 (a); and
(2)A maximum deduction of five hundred dollars ($500) may be applied against an eligible individual’s gross income to account for unreimbursed child support payments and/or educational expenses, such as tuition, books and fees, paid on behalf of a dependent family member. These expenses must be substantiated by documentation referenced in Section 124.9 (a).
124.11 The financial schedule below is adopted from the Normal Living Requirement (NLR), provided by the U.S. Department of Health and Human Services’ Administration for Children and Families, Office of Community Services, Division of Energy Assistance. The Rehabilitation Services Administration shall adopt this standard and any updates or revisions to it, so long as this Section remains effective.
The NLR has been established for different family groups and single individuals living alone and is based on median income for a four (4)-person family. It includes amounts for food, shelter, clothing, household maintenance, routine medical care, personal care, recreation, insurance, and personal taxes. (See 45 C.F.R. § 96.85A). In accordance with the following financial schedule, each eligible individual shall participate in the cost of rehabilitation services that are subject to the financial needs test pursuant to this section.
Family Size
Weekly Income
Monthly Income
1
$429
$1,861
2
$562
$2,433
3
$694
$3,006
4
$826
$3,579
5
$958
$4,151
6
$1,090
$4,724
7
$1,115
$4,831
8
$1,140
$4,938
9
$1,164
$5,046
10
$1,189
$5,153
11
$1,214
$5,260
12
$1,239
$5,368
124.12 (a)If the eligible individual’s required financial contribution is equal
to or greater than the entire cost of services, he or she will be financially responsible for the entire cost of services that are subject to the financial needs test. The Rehabilitation Services Administration shall not be responsible for the cost of any services subject to the financial need test, if an eligible individual’s contribution is equal to or greater than the entire cost of services.
(b)Pursuant to 34 C.F.R. § 361.46(a) and Section 111 of this Chapter, the Rehabilitation Services Administration shall include the cost of the eligible individual’s financial contribution in the Individualized Plan of Employment (IPE) or Independent Living Plan (ILP).
(c)In accordance with 34 C.F.R. § 361.45(d), 34 C.F.R. § 364.52(d), and Section 110 of this Chapter, the Rehabilitation Services Administration shall not pay for vocational rehabilitation or independent living services subject to the financial need test, unless the eligible individual and a qualified vocational rehabilitation counselor employed by the Rehabilitation Services Administration signs and dates the IPE or ILP. Failure to timely execute an IPE or ILP that includes services subject to the financial need test may delay the provision of those services or constitute cause to only provide services under Section 124.7 (services not subject to financial need) of this Chapter.
124.13 The Rehabilitation Services Administration shall deny authorization of a specific service to an eligible individual, when it has been determined that the consumer’s financial participation is required and he or she refuses to participate or fails to do so. Other services that are not subject to the financial need test and do not require the eligible individual’s financial participation under this Section may continue to be authorized if the IPE remains viable without the provision of the service(s) that was denied.
124.14 An eligible individual who is receiving services under an IPE or ILP before the effective date of this section shall continue to be served in accordance with his or her IPE or ILP, and shall not be subject to the financial need test unless:
(a) The vocational goal identified in the IPE, or the independent livinggoal identified in the ILP, is achieved;
(b) The eligible individual's record of service is closed pursuant to this Chapter; or
(c) The individual's IPE or ILP is amended, in accordance with Section 110 of this Chapter and 34 C.F.R. § 361.45 (d).