Section 100. Participation of individuals in the cost of services based on financial need

A. Individuals shall be required to participate in the costs of vocational rehabilitation services listed in subsection F of this section provided by DBVI based on financial need. DBVI shall consider certain factors in order to determine the financial needs of individuals applying for and receiving DBVI vocational rehabilitation services.

B. DBVI shall consider an individual's financial need based on certain allowances and exclusions including:

1. The individual's gross income. DBVI shall use a uniform income level including normal living requirements based on the median income for a four-person family provided by the Bureau of the Census as published in the Federal Register (45 CFR 96.85) for the Low Income Home Energy Assistance Program (LIHEAP). The individual's financial need shall be based on 100% of the federal estimated median income in Virginia, which is published annually in the Federal Register;

2. The individual's income or a portion of the individual's income based on family size;

3. The estimated cost of the individual's vocational rehabilitation services specifically related to the individual's disability and not covered by comparable services and benefits; and

4. The tuition costs for the individual or a family member to attend a private or public educational facility.

C. DBVI shall consider the financial needs of eligible individuals using the following income:

1. Annual taxable income (gross income);

2. Annual nontaxable income such as social security benefits, veterans' benefits, retirement benefits, and workers' compensation benefits;

3. Total cash assets, including checking and savings accounts, certificates, stocks, and bonds. DBVI shall maintain Exemptions for Liquid Assets table; and

4. Income from real property.

D. Annually, DBVI shall make a determination of the financial contribution of the individual resulting from an examination of (i) the number of persons in the family unit; (ii) annual taxable income minus allowances; and (iii) exclusions based on individual costs for medical or educational services specifically related to the individual's disability.

E. Individuals with disabilities receiving social security benefits under Title II or XVI of the Social Security Act are exempt from consideration of financial need for vocational rehabilitation services.

F. DBVI shall consider the financial need of eligible individuals who receive the following vocational rehabilitation services:

1. Tuition for college or other training;

2. Medical treatment and physical restoration services;

3. Books and supplies;

4. Services to members of an eligible individual's family when necessary to the vocational rehabilitation of the eligible individual;

5. Occupational licenses, tools, equipment, and initial stock and supplies;

6. Maintenance, as defined in 22VAC45-51-10, during training;

7. Personal incidentals during training;

8. Telecommunications, sensory, and other technological aids and devices when such aids and equipment are not used as adaptive devices for vocational training or employment or both;

9. Transportation; and

10. Rehabilitation engineering services when not incidental to the evaluation of rehabilitation potential.

Historical Notes

Derived from Volume 33, Issue 02, eff. October 19, 2016.

Statutory Authority

§ 51.5-66 of the Code of Virginia.