13A.11.01.10

.10 Financial Participation of the Applicant or Eligible Individual in the Cost of Services.

A. The following persons shall participate annually in the cost of vocational rehabilitation services in accordance with this regulation, except for the services listed in §B of this regulation:

(1) The applicant or eligible individual; and

(2) Any other person who:

(a) Claims the applicant or eligible individual as a dependent for federal tax purposes; or

(b) 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, as amended.

B. This regulation does not apply to the following:

(1) Assessment and related services to determine eligibility, priority for services, and vocational rehabilitation needs;

(2) Counseling, guidance, and referral services;

(3) Services provided by teachers for the blind employed by the Division;

(4) Supported employment services under Regulation .08P of this chapter;

(5) Personal assistance services;

(6) Placement services, including job coaching and on-job training; and

(7) Auxiliary aids or services, for example, interpreter services or reader services, that an individual requires in order to participate in the Vocational Rehabilitation Program.

C. Amount of Financial Participation of the Applicant or Eligible Individual or Family.

(1) The amount of the applicant's or eligible individual's annual financial participation in the cost of rehabilitation services shall be based upon available income and family unit size (number of dependents claimed for federal tax purposes) and determined in accordance with the schedule in Regulation .15 of this chapter.

(2) The amount of the applicant's or eligible individual's annual financial participation in rehabilitation services may not exceed the cost of services provided to the individual by the Division.

D. Available income shall be calculated by:

(1) Adding annual adjusted gross income as reported on the most recent federal tax return and current annual nontaxable income including Social Security, workers' compensation, and veteran benefits;

(2) Subtracting any deductible medical and dental expenses as reported on the Internal Revenue Service Form 1040, Schedule A, of the most recent federal tax return; and

(3) Subtracting any substantiated disability-related expenses not included in §D(2) of this regulation.

E. When the current income of the applicant or eligible individual or the person who claims the individual for federal income tax purposes is substantially different from that reported on the most recent federal tax return, the available income shall be determined using current financial information.

F. The applicant or eligible individual and any person required to participate in cost of services in accordance with Regulation .10 of this chapter shall:

(1) Complete a financial statement on a form prescribed by the Division; and

(2) Promptly notify the Division of any changes in financial status as a condition for the provision of vocational rehabilitation services.

G. An eligible individual receiving Social Security Disability Insurance, or Supplemental Security Income or other form of public assistance income is not required to participate financially in the cost of vocational rehabilitation services.

H. The Division shall review the eligible individual's financial status annually.