N.Y. Comp. Codes R. & Regs. tit. 8 § 247.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 247.12 - Financial need

(a) Purpose. The agency's limited financial resources shall be allocated to maximize provision of vocational rehabilitation services to those eligible individuals with the greatest financial need. The determination of financial need shall be considered an integral part of the rehabilitation planning process for eligible individuals receiving vocational rehabilitation services.

(b) Eligible individuals exempt from financial need requirements.

(1) The following individuals shall not be subject to a financial needs test:

(i) public assistance recipients for whom verification of receipt of assistance has been received by the agency; and

(ii) persons determined eligible for Social Security benefits under title II or XVI of the Social Security Act.

(2) If an eligible individual has been terminated from any of the programs listed in paragraph (1) of this subdivision, the individual shall become subject to financial need requirements, unless he/she is made eligible for another of such programs.

(3) The agency reserves the right to waive the requirement of meeting financial need criteria, if the agency deems it to be in the best interests of an individual terminated from any of the programs in paragraph (1) of this subdivision, or for an individual whose family resources increase following commencement of a program of service under an Individualized Written Rehabilitation Program.

(c) To the extent permitted by Federal law, all services will be subject to financial need requirements. Individuals will be informed of those services subject to financial need at the time of program planning, and other appropriate times.

Services provided to individuals without regard to financial status are:

(1) assessment for determining eligibility and priority for services except those non-assessment services that are provided to an individual with a significant disability during either an exploration of the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences or an extended evaluation;

(2) assessment for determining vocational rehabilitation needs;

(3) vocational rehabilitation counseling and guidance;

(4) referral and other services;

(5) job-related services;

(6) personal assistance services; and

(7) any auxiliary aid or service such as interpreter services or reader services 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 agency's program.

(d) Computing individual's and agency's participation in service costs.

(1) The agency will establish levels of individual financial need to determine the extent of participation by the eligible individual in the cost of the vocational rehabilitation services. These levels will take into account the current income and assets of the individual, the individual's spouse, and any other relative upon whom the individual is considered dependent.

(2) The agency's participation in the cost of a vocational rehabilitation service will be limited by the maximum level of funding established for such service pursuant to section 247.14 of this Part.

(3) Financial information submitted by each eligible individual will be applied against the agency's financial need levels. The agency will establish and maintain written procedures for performing these determinations. These procedures will be available to each individual.

(4) The financial need of all eligible individuals will be reviewed at least once a year.

(e) Determination of dependency.

(1) An eligible individual under the age of 22 will be presumed dependent upon his or her parents, or legal guardian, unless the individual can satisfactorily demonstrate that he or she would not be considered dependent if the dependency test contained in paragraph (2) of this subdivision were applied.

(2) An eligible individual of age 22 or older will be considered independent, unless in the most recent calendar year more than one half of the individual's total support was provided by a relative.

(f) Submission of financial information.

(1) Each eligible individual shall be required to report at least annually on income, assets, dependency status, and similar benefits available under other programs or insurance which might duplicate agency services.

(2) The eligible individual shall also be required to report at least annually on the income and assets of the individual's spouse and, if the individual is a dependent, on the income and assets of the relative upon whom the individual is dependent.

(3) The eligible individual may be required to present documentation of all financial need information reported.

(4) The eligible individual shall be required to report any changes in income, assets, dependency status, or similar benefits that would have an effect on the financial need determination. The agency will maintain written procedures for adjusting financial need determinations under such circumstances.

(g) Refusal to provide financial information.

(1) In the event the eligible individual or the individual's spouse, or the relative upon whom the individual is dependent, refuses to provide information or documentation required to determine financial need, the agency will withhold all services which are contingent upon financial need, except as otherwise provided in paragraph (2) of this subdivision.

(2) In the event that the individual upon whom the eligible individual is dependent refuses to provide information or documentation required to determine financial need, upon satisfactory demonstration of the individual's cooperation, the agency, at its discretion, may provide services contingent on financial determinations based solely on documented information provided by the individual.

(h) Refusal to assume responsibility for financial participation.

(1) If an eligible individual refuses to contribute the share of service cost indicated by financial need computations, from resources within the control of the individual, then no service contingent on financial need may be authorized.

(2) If the resources in question are controlled by another person who refuses to accept responsibility for the cost of services, the agency will determine whether the resources are actually available to the eligible individual or whether they may be excluded from financial need computations. Considerations in this determination shall include:

(i) the nature of the individual's relationship with the individual who controls the resources;

(ii) the probable effect on the individual's situation of continuing to include such resources in financial need computations; and

(iii) the long-term public interest, if there is a probability that the withholding of vocational rehabilitation services will result in the individual becoming or remaining on public assistance.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 247.12