D.C. Mun. Regs. tit. 29, § 124
124.1 The Rehabilitation Services Administration shall consider the financial need of an eligible individual through uniform application of a financial need test. The test shall accord equitable treatment in determining an eligible individual's participation in the cost of rehabilitation services that are subject to the financial need test pursuant to §§ 124.5 and 124.6, and authorized by the Rehabilitation Services Administration.
124.2 Unless an eligible individual is exempt from participation in the financial need test pursuant to §§ 124.3, 124.4 or 124.17, an eligible individual shall participate in a financial need test:
(a) At the time the first Individualized Plan for Employment (IPE) or Independent Living Plan (ILP) is developed;
(b) Annually on or around the date that the first IPE or ILP became effective; and
(c) Each time there is a change in an eligible individual's financial status.
124.3 An eligible individual is not required to contribute to the cost of vocational rehabilitation services if they are:
(a) A ward of the District of Columbia Government because of dependency or delinquency commitments;
(b) A recipient of Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI);
(c) A client of the Income Maintenance Administration who meets the requirements for Income Maintenance Administration-related rehabilitation programs; or
(d) An eligible individual receiving any other form of public assistance income.
124.4 The following vocational rehabilitation services and independent living services, as defined in § 199, shall not be subject to a financial need test:
(a) Assessment and related services to determine eligibility, priority for services, and vocational rehabilitation needs;
(b) Counseling, guidance and referral services that the Rehabilitation Services Administration provides;
(c) Maintenance when additional costs are incurred as a result of undertaking or participating in assessment services;
(d) Transportation when required to enable an individual to participate in assessment services;
(e) Personal assistance services during the assessment process;
(f) Placement services, including job coaching and on-job training that the Rehabilitation Services Administration provides;
(g) Auxiliary aids or services such as interpreter services or reader services that an individual requires in order to participate in the assessment process; and
(h) 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.
124.5 The following rehabilitation services, as defined in § 199, shall require the financial need test to determine the eligible individual's participation in the cost of rehabilitation services as shown on the Client Financial Statement:
124.6 The following independent living rehabilitation services shall require the financial need test to determine the eligible individual's participation in the cost of rehabilitation services as shown on the Client Financial Statement:
124.7 The following individuals shall participate in the cost of rehabilitation services:
free application for federal student aid, in accordance with the Higher Education Act of 1965, (20 U.S.C. §§ 1071 et seq.) as amended.
124.8 An individual who is required to participate in the cost of services, in accordance with this chapter, shall, as a condition for the provision of those services subject to the financial need test in accordance with § 124.5 and 124.6:
(a) Complete the financial statement prescribed by the Rehabilitation Services Administration;
(b) Promptly notify the Rehabilitation Services Administration of any changes in financial status; and
(c) Participate in the Rehabilitation Services Administration's review of the eligible individual's financial status, in accordance with § 124.2.
124.9 The amount of the eligible individual's financial participation in the cost of rehabilitation services, is based upon available family income and family unit size (number of dependents claimed for federal tax purposes) and determined in accordance with the schedule in § 124.12.
124.10 Available income is calculated by:
(a) Adding annual adjusted gross income as reported on the most recent federal and state tax return plus current nontaxable income, including but not limited to, Social Security, other than Social Security Insurance (SSI) or Social Security Disability Insurance (SSDI), workers' compensation, and veteran benefits;
(b) Adding all other income as set forth in § 124.14;
(c) Subtracting any deductible medical and dental expenses as reported on the Internal Revenue Service Form 1040, Schedule A, of the most recent federal and state tax return; and
(d) Subtracting any substantiated disability-related expenses not included in deductible dental and medical expenses in paragraph (c) of this subsection.
124.11 When the current income of the 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 is determined using current financial information.
124.12 Each eligible individual shall participate in the cost of rehabilitation services that are subject to the financial needs test pursuant to §§ 124.5 and 124.6, as shown on the following financial participation schedule:
| Number of Dependents: | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
|---|---|---|---|---|---|---|---|---|
| Available Income | Amount of Annual Individual/Family Financial Participation: | |||||||
| 1. $19,000 and below | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 2. $19,001- $23,000 | $184 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 3. $23,001- $27,000 | $313 | $219 | 0 | 0 | 0 | 0 | 0 | 0 |
| 4. $27,001- $31,000 | $471 | $363 | 0 | 0 | 0 | 0 | 0 | 0 |
|---|---|---|---|---|---|---|---|---|
| 5. $31,001 - $35,000 | $660 | $536 | $289 | 0 | 0 | 0 | 0 | 0 |
| 6. $35,001- $39,000 | $879 | $740 | $463 | $324 | 0 | 0 | 0 | 0 |
| 7. $39,001- $43,000 | $1,128 | $974 | $666 | $513 | $ | 0 | 0 | 0 |
| 8. $43,001- $47,000 | $1,406 | $1,238 | $900 | $731 | $394 | 0 | 0 | 0 |
| 9. $47,001- $51,000 | $1,715 | $1,575 | $1,164 | $980 | $613 | $417 | 0 | 0 |
| 10. $51,001- $55,000 | $2,054 | $1,855 | $1,458 | $1,259 | $861 | $663 | 0 | 0 |
| 11. $55,001 -$59,000 | $2,423 | $2,209 | $1,781 | $1,568 | $1,140 | $926 | $499 | |
| 12. $59,001- $63,000 | $2,821 | $2,592 | $2,135 | $1,906 | $1,449 | $1,220 | $762 | 0 |
| 13. $63,001- $67,000 | $3,250 | $3,006 | $2,519 | $2,275 | $1,788 | $1,544 | $1,056 | $569 |
| 14. $67,001- $71,000 | $3,709 | $3,450 | $2,933 | $2,674 | $2,156 | $1,898 | $1,380 | $86 |
| 15. $71,001 - $75,000 | $4,198 | $3,924 | $3,376 | $3,103 | $2,555 | $2,281 | $1,734 | $1,18 |
| 16. $75,001- $79,000 | $4,716 | $4,428 | $3,850 | $3,561 | $2,984 | $2,695 | $2,118 | $1,540 |
| 17. $79,001-$83,000 | $5,265 | $4,961 | $4,354 | $4,050 | $3,443 | $3,139 | $2,531 | $1,924 |
| 18. $83,001 and above | 6.5% 7.0% | 6.125% 6.625% | 5.375% 5.875% | 5% 5.5% | 4.25% 4.75% | 3.875% 4.375% | 3.125% 3.625 | 2.375% 2.875% |
124.13 The amount of individual or family participation when the available income is above eighty three thousand dollars ($ 83,000) per year, is determined by multiplying the available income by the percentage shown in the appropriate column.
124.14 The financial resources of an individual, or the family of a dependent individual, means the financial resources that are readily available for the support of the individual. Resources that are readily available during the period of time that the individual has an approved IPE or ILP in effect, include, but are not limited to:
(1) Savings accounts;
(2) Stocks;
(3) Bonds;
(4) Certificates of deposit; and
(5) Other income available to the client;
(f) Resources invested in IRA, Keogh, and deferred compensation plans, if those resources can be accessed, without penalty, while the IPE or ILP is in effect; and
(g) Income from other sources.
124.15 If the individual's required financial contribution pursuant to § 124.12 is equal to or greater than the entire cost of services, the individual is financially responsible for the entire cost of services that are subject to the financial need test pursuant to §§ 124.5 and 124.6.
124.16 When an eligible individual, or any other person, who is required to participate in the financial need test chooses not to participate in the determination of financial need, submit supporting documentation, or contribute financially as required, the Rehabilitation Services Administration shall provide only services that do not require financial participation.
124.17 An individual who is receiving services under an IPE or ILP before the effective date of this section shall continue to be served in accordance with their IPE or ILP, and shall not be subject to the financial needs test until:
(a) The vocational goal identified in the IPE, or the independent living goal identified in the ILP, is achieved;
(b) The individual's record of service is closed; or
(c) The individual's IPE or ILP is amended.
124.18 If requested by an eligible individual or the authorized representative of an eligible individual, the Rehabilitation Services Administration shall assist such eligible individual or authorized representative with the financial needs test to ensure that the eligible individual has an equal opportunity to receive vocational rehabilitation services.
SOURCE: Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 54 DCR 6020 (June 22, 2007).