Section 1240-08-05-.02 - FINANCIAL NEEDS ASSESSMENT(1) VR will consider the financial need of each eligible individual in determining the extent of the individual's participation in the cost of services that require such participation.(2) A financial need assessment (FNA) is based on an individual's household income and financial circumstances, the number of individuals living in the household, allowed deductions, approved exceptions, and the current financial need level established by VR. The FNA will be conducted prior to development of an individual's IPE and annually thereafter or sooner if there are changes in an individual's financial circumstances.(a) Household income includes the adjusted gross income (AGI) of the household contributors providing more than half of the individual's support as shown on the most recent completed joint or separate federal income tax returns regardless of whether the individual is claimed on the tax return or lives with the individuals; other individual and/or spouse income sources such as paycheck stubs, bank statements, business income receipts or fixed income deposits; and other income from household contributors other than the eligible individual such as SSA benefits, Families First benefits or other sources.(b) Deductions include current out-of-pocket payments being made at the time the initial FNA or an annual financial need review is completed for non-reimbursed household medical or dental expenses; medical insurance premiums for which the individual is included in the coverage; court ordered obligations other than alimony; and post-secondary educational loans of the individual, not other household members.(c) Exceptions to participating in the cost of services may include the amount of benefit for fixed income, payments for disability-related expenses, or similar financial circumstances.(3) Individuals who are determined to meet financial need are exempt from participating in the cost of most VR services using personal funds but are not exempt from applying for and using comparable services and benefits or from paying additional costs when services chosen by the individual exceed the allowable fees established by VR. Individuals who are determined to meet financial need include individuals: (a) Whose household income, financial circumstances, number of individuals living in the household and deductions have been verified and documented and, based on the FNA conducted in accordance with VR policy, the financial need level is not exceeded;(b) Who have been determined eligible for and verified and documented to be receiving SSI or SSDI benefits based on the individual's own disability or blindness; or(c) Who have been determined eligible for and verified and documented to be receiving Families First cash benefits.(4) Individuals who are determined to be over financial need are required to participate in the cost of services subject to need unless an exception has been approved by VR. Individual participation in the cost of services cannot exceed the amount that the individual is over need.(5) VR may not apply a financial needs test, or require the financial participation of the individual as a condition for furnishing the following VR services: (a) Assessment for determining eligibility and priority 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;(b) Assessment for determining vocational rehabilitation needs;(c) Vocational rehabilitation counseling and guidance;(d) Referral and other similar services;(e) Job-related services;(f) Personal assistance services;(g) Any auxiliary aid or service (e.g., interpreter services), reader services that an individual with a disability requires under section 504 of the Rehabilitation Act (29 U.S.C. 794) or the Americans with Disabilities Act (42 U.S.C. 12101, et seq.), or regulations implementing those laws, in order for the individual to participate in the VR program as authorized under this part; or(h) If the individual in need of a service has been determined eligible for Social Security benefits under titles II or XVI of the Social Security Act.Tenn. Comp. R. & Regs. 1240-08-05-.02
Original rule filed September 30, 1985; effective October 30, 1985. Amendment filed July 12, 2002; effective September 25, 2002. Repeal and new rule filed June 30, 2009; effective September 13, 2009. New rule filed February 29, 2024; effective 5/29/2024.Authority: T.C.A. §§ 4-5-202, 49-11-601, et seq., and 71-1-105(a)(12); 29 U.S.C. §§ 720, et seq.; and 34 C.F.R. § 361.54.