N.J. Admin. Code § 12:45-1.14

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:45-1.14 - Participation by clients in the cost of vocational rehabilitation services

(a) The Division shall conduct a financial needs assessment for each client prior to or at the individualized plan for employment (IPE) conference to establish how much financial participation, if any, a client will provide toward the cost of services. The Division will encourage all consumers to participate in the cost of their program. This needs assessment will include the income and liquid assets of the family unit within which the client resides. The needs assessment shall be conducted as set forth below to ensure that equitable treatment is accorded to all clients in similar circumstances.

(b) The Division shall inform each client that the agency reserves the right to request verification of the current financial situation of the client and his or her family unit. "Family unit" means the individual and spouse or civil union partner and their dependent children residing in the same household and parents and their dependent children in the cases where the individual is less than 22 years of age and residing at home with his or her parents. An individual under 22 years of age living outside the home will be considered to be living at home if the living expenses are paid for by the parents. For example, in a case where the individual is living outside the home in a school setting. Living expenses paid by the parents refers to those costs, which an individual must incur to live (that is, food, lodging, utilities, etc.).

(c) Prior to or at the time of the IPE conference, the Division may require each client to submit a signed copy of the most recent New Jersey or Federal income tax return forms (including family member's forms where they did not file jointly) and other supporting documentation such as pay stubs or check stubs from benefits.

(d) Each client who is 22 years of age or older on January 1, of the year that services are scheduled to commence and living in his or her parents' home, shall have only his or her own and spouse's or civil union partner's income considered in the financial participation calculation. For clients not yet 22 years old and living with parents, both the client's and spouse's or civil union partner's or parents' income from all sources will be considered. The client's receipt of social security or whether client is claimed as an exemption on the parents' tax return will have no bearing.

(e) Each client shall provide the following information on form DVR-17 "Financial Need Assessment," prior to the IWRP conference:

1. Name, social security number and date;

2. Number of dependents in the family including the client;

3. Liquid assets of the family;

4. Family gross income;

5. Extraordinary medical expenses of the family;

6. Disability related expenses of the client and family unit;

7. Medical insurance of the client; and

8. A signed certification that the information provided on DVR-17 is true.

(f) The Division may require the client to provide additional supporting data to verify the information on the DVR-17.

(g) Each client must submit a revised DVR-17 annually, any time there is a significant change in family unit financial status, or when a request for post-employment services is made.

(h) Immediately upon receipt of a completed DVR-17, the Division shall review the form and calculate the amount of financial participation for which the client will be responsible. The amount of required financial participation shall be calculated as follows:

1. The total amount of weekly expenses directly attributable to the disability, as calculated on the DVR-17, shall be subtracted from the amount of excess weekly income reported by the client. "Excess weekly income" means the weekly gross income of the family unit minus the weekly income allowance set forth in (i) below, plus the liquid assets reported by the family unit minus the liquid asset allowance set forth in (i) below. "Liquid asset" means any cash or cash equivalents that can be converted to cash within a reasonable length of time, the unencumbered value of which shall be greater than the amounts established by (i) below.

2. The individual shall contribute an amount equal to the "excess weekly income" each week for the duration of the service. In cases where the goods or services being provided are a total cost item, the client shall contribute an amount equal to 10 times the amount of excess weekly income. "Total cost of goods or services" means, but is not limited to, wheelchairs, hearing aids and other assistive devices. The formula as set forth above shall be applied as follows:

i. If, after calculating the amount of client participation, the figure is greater than the cost of the item, then the client must pay for the entire cost of the item.

ii. If, after calculating the amount of client participation, the figure is less than the cost of the item, then DVRS will pay the difference between the total cost of the item and the amount of client participation.

3. The Division may waive financial participation if the client has extraordinary medical/disability, disability related expenses or other unusual circumstances which significantly effect the quality of family life which would preclude his or her participation in the cost of services.

4. The Division will not require financial participation as a condition for furnishing any vocational rehabilitation service if the individual has been determined eligible for Social Security benefits under Titles II (Social Security Disability Insurance) or XVI (Supplemental Security Income (SSI) for Disabled) of the Social Security Act.

(i) Allowable income and liquid assets shall be as follows:

Number in Family	Annual Income	Weekly Income	Liquid Asset
Allowance
1	$ 37,659	$ 724	$ 30,000
2	66,025	1,270	34,000
3	82,574	1,588	40,000
4	97,326	1,872	45,000
5	96,941	1,864	44,000
6	100,346	1,930	45,000
7 or more	85,435	1,643	37,000

These allowances will be amended periodically as deemed necessary by the Director of the Division of Vocational Rehabilitation Services.

(j) The following services shall not be based on economic need:

1. Assessments for determining eligibility, priority for services and vocational rehabilitation needs;

2. Counseling, guidance and referral services;

3. Placement;

4. On-the-job training;

5. Supported employment;

6. Work adjustment training;

7. Job coaching;

8. Personal assistance services; and

9. Auxiliary aids or services (for example, interpreter services for individuals who are deaf or hard of hearing) that an individual with a disability requires under Section 504 of the Rehabilitation Act or the Americans with Disabilities Act, or regulations implementing those laws, in order for the individual to participate in the VR program.

N.J. Admin. Code § 12:45-1.14

Recodified from N.J.A.C. 12:45-1.15 and amended by R.1999 d.284, effective 8/16/1999.
See: 31 N.J.R. 1144(a), 31 N.J.R. 2387(a).
In (a), (c) and (e), substituted references to individualized plans for employment for references to individualized written rehabilitation programs. Former N.J.A.C. 12:45-1.14, Individuals determined to be rehabilitated, recodified to N.J.A.C. 12:45-1.13.
Amended by R.2002 d.47, effective 2/4/2002.
See: 33 N.J.R. 3883(b), 33 N.J.R. 4309(a), 34 N.J.R. 774(a).
In (a), inserted "(IPE)" following "employment" and "The Division will encourage all consumers to participate in the cost of their program."; in (h), added 4; in (j), added 8 and 9.
Amended by R.2004 d.93, effective 3/1/2004.
See: 35 N.J.R. 4442(a), 36 N.J.R. 1195(a).
Rewrote (i).
Amended by R.2009 d.317, effective 10/19/2009.
See: 41 N.J.R. 2075(a), 41 N.J.R. 3937(b).
In (b), inserted "or civil union partner"; in (d), inserted "or civil union partner's" twice; and rewrote the table in (i).