Section 7164.2 - Vehicle Purchase-Financial Ability(a) A client shall demonstrate that he/she has the financial ability to operate, maintain and replace a vehicle by having actual or projected remaining disposable monthly income for basic living expenses at least equal to the current SSI/SSP monthly payment level for a disabled individual in an independent living situation. The client's remaining disposable monthly income shall be computed as follows: (1) Subtract the client's monthly involuntary payroll deductions, such as federal and state income tax withholding and state disability insurance, from the client's total monthly gross earned income. If the client is employed, actual gross earnings and involuntary deductions shall be used. If the client is not employed, projected gross earnings, based upon the type of employment being sought and the client's marketable skills, shall be used. Involuntary deductions shall be projected as 20 percent of the projected gross earnings. These calculations determine the client's total monthly net earned income.(2) Combine the client's total monthly net earned income with the client's total monthly unearned income and, for client's who are SSI/SSP recipients, the SSI adjusted amount determined in accordance with (b). This is the client's total monthly income. Unearned income includes such payments as SSDI, Veterans benefits and pensions.(3) From the total monthly income determined in (2), subtract the projected monthly vehicle operation and maintenance costs determined in accordance with (c) and the projected driver's costs, if any, determined in accordance with (d). This is the client's remaining disposable monthly income.(b) The SSI adjusted amount shall be calculated as follows: (1) Subtract the client's actual or projected monthly impairment-related work expenses, if any, from the client's actual or projected total gross earned income determined in accordance with (a)(1). Impairment-related work expenses shall be limited to those items specified in 20 CFR 416.976(c), April 1988 edition, which is incorporated by reference herein. If the client is employed, the actual cost of impairment-related work expenses shall be used. If the client is not employed, the Counselor, together with the client, shall estimate the cost of impairment-related work expenses based upon the special needs of the individual client.(2) If the client has: (A) Both earned and unearned income: 1. Subtract $20 from the client's unearned income. This is the client's total unearned income used to determine the SSI adjusted amount.2. Subtract $65 from the amount determined in (1). Divide the remainder by two. This is the client's total earned income used to determine the SSI adjusted amount.3. Add the amount determined in 1., even if the amount is less than zero, to the amount determined in 2. This is the client's total combined monthly income used to determine the SSI adjusted amount.(B) Only earned income: 1. Subtract $85 from the amount determined in (1).2. Divide the amount determined in 1. by two. This is the client's total monthly income used to determine the SSI adjusted amount.(3) Subtract the amount determined in (2)(A) or (B), as appropriate, from the current SSI/SSP payment level. This is the SSI adjusted amount to be used in (a)(2).(c) The costs of operating, maintaining and replacing a vehicle shall be projected on a monthly basis in accordance with this subsection. Based upon the special needs of the individual client, the Counselor, together with the client, shall estimate the type of vehicle and modifications/assistive devices that will be required. The applicable of the following amounts shall then be applied:(1) Monthly vehicle costs: (A) Compact or subcompact car .......................................... $330.00(B) Intermediate-sized car .....................................$370.00(C) Pickup truck................................... $392.00(D) Station wagon............................... $392.00(E) Van................................................. $410.00(2) Monthly modification costs: (A) Single, such as hand controls or left foot accelerator .................................................$1.66(B) Moderately complex, such as passenger equipment lift or power doors ............................................$12.50(C) Complex, such as lift, transfer seat, power tiedown or sensitized steering .................................................$22.91(d) If the vehicle will be purchased for the client as a passenger and the client anticipates driver costs, the Counselor together with the client shall estimate the number of hours a month that the client will need a driver for employment-related purposes. This amount shall be multiplied by the minimum wage of $4.25 per hour to determine the projected driver costs.Cal. Code Regs. Tit. 9, § 7164.2
1. New section filed 7-18-91; operative 8-17-91 (Register 91, No. 45). Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: Section 19150(a)(11), Welfare and Institutions Code; 34 CFR Section 361.42.
1. New section filed 7-18-91; operative 8-17-91 (Register 91, No. 45).