1. (1) The eligibility requirements will be applied without regard to the following: gender, race, age, creed, color, national origin, type of disability, particular service needs, anticipated cost of services or income level of the applicant or his or her family.

2. (2) No duration of residence requirement, which excludes from services any individual who is present in the State, will be imposed.

   (b) Basic conditions.

   Eligibility for vocational rehabilitation services shall be based only upon:

3. (1) the presence of a physical or mental impairment which for the individual constitutes or results in a substantial impediment to employment;
4. (2) the ability to benefit in terms of an employment outcome from vocational rehabilitation services; and

5. (3) a determination that the applicant requires vocational rehabilitation services to prepare for, secure, retain or regain employment consistent with the applicant' s strengths, resources, priorities, concerns, abilities, capabilities, and informed choice.

   (c) Presumptions.

6. (1) An applicant will be presumed to be able to benefit in terms of an employment outcome from vocational rehabilitation services unless it is demonstrated otherwise on the basis of clear and convincing evidence.
7. (2) An applicant with a disability as determined under title II or title XVI of the Social Security Act will be considered to be an individual with a significant disability, and will be presumed to be eligible for vocational rehabilitation services provided the individual intends to achieve an employment outcome consistent with the individual' s unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

(a) General provisions.