Maintenance (increased costs)
Synopsis of federal regulations and requirements
Maintenance means monetary support provided to an individual for expenses, such as food, shelter and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual’s participation in an assessment for determining eligibility and vocational rehabilitation (VR) needs or the individual’s receipt of VR services under an Individualized Plan for Employment (IPE).
34 CFR 361.5(b)(35)
Rehabilitation Services policy
Maintenance is a support service and will be provided only in conjunction with core VR services. (Please refer to Section 7/Glossary for the definitions of core and support services.)
Maintenance may not be used to fund an individual's normal living expenses. There are normal living expenses for food, shelter and clothing associated with all individuals, whether the individual himself or herself has directly paid for those expenses, or whether those expenses have been paid by another individual.
Maintenance is not income or wage replacement. A change in resources (such as client wages or family income) is not the same as increased expenses (in excess of the normal expenses of the individual) due to participation VR. Therefore a change in a client’s resources does not result in automatic maintenance payments.
The use of maintenance is limited to the additional expenses in excess of the normal expenses that are necessitated by the individual's participation in vocational rehabilitation (VR).
Client responsibility
All clients, including persons who are recipients of Supplemental Security Income (SSI), beneficiaries of Social Security Disability Insurance (SSDI) or recipients of other forms of public assistance, are responsible for their normal expenses.
Individuals who are homeless, who have no obvious means of support, or who have insufficient means of support should be immediately referred and assisted to apply for available public assistance benefits and/or for resources available through state, community or faith-based organizations. Maintenance is not an income replacement service. Therefore, provision of maintenance in these circumstances is not consistent with the federal requirement limiting maintenance costs to those in excess of the individual’s normal expenses, and is therefore not allowable.
Analysis to determine the need for maintenance
The amount of maintenance must be justified based on the client’s specific subsistence expenses that are in excess of the normal expenses of the client as a result of his/her participation in VR. Subsistence includes food, shelter (including housing and utilities) and clothing. Utilities include natural gas, electricity, propane, trash, water, cable, internet, telephone and cell phone.
The normal expenses of the client must be documented at the time of application using the Maintenance Worksheet (Section8/Part55). At the time of the IPE development, the client’s expenses must be reviewed using the Worksheet to determine if there has been an increase as a result of participation in VR.
Documentation of expenses must be provided by the client both at the time of application and IPE development. Documentation of expenses must be client-specific. Documentation must be detailed enough to note the payee, what was purchased, the date, and the cost. Such proof-of-expenditure documentation shall include lease agreements, utility bills, original paid receipts, internet payment documentation, or other similar documentation. Copies of cancelled checks (showing both the front of the check indicating the payee and the back of the check or back statement indicating payment has been made) and copies of money orders are also allowable documentation.
The normal expenses of the client shall be calculated as follows: Calculate the total household expenses for food, shelter (including housing and utilities) and clothing, divided by the number of individuals who live in the household. Specific proof-of-expenditure documentation must be provided as described in this policy. If maintenance is being considered during the IPE development process, the client shall be informed of the requirements to collect receipts or other expense documentation and submit it to the counselor as part of the maintenance analysis process.
If the client is unable to submit such documentation because of a disability-specific issue or other compelling reason, provision of maintenance will require a second approval. In such cases, the calculation of normal expenses shall default to Option A, B or C, whichever applies. The client shall be informed that maintenance will be subject to additional agency approval prior to payment. This statement will also be listed on the IPE.
· Option A – the client receives SSI, SSDI or both: Normal expenses shall be deemed to be 75% of the maximum SSI payment for an eligible individual as published by the Social Security Administration at: http://www.ssa.gov/OACT/COLA/SSIamts.html The maximum SSI amount for 2016 is $733 per month.
· Option B – the household does not receive Temporary Assistance to Needy Families (TANF), and the client does not receive SSI or SSDI: Normal expenses shall be deemed to be 75% of the maximum SSI payment for an eligible individual as published by the Social Security Administration at: http://www.ssa.gov/OACT/COLA/SSIamts.html The maximum SSI amount for 2016 is $733 per month.
· Option C – the household receives TANF: Normal expenses shall be deemed to be the TANF monthly benefit amount plus the Supplemental Nutrition Assistance Program monthly benefit (if applicable), divided by the number of individuals for whom these benefits are provided.
If a client who has been living independently or who has a dependent family relocates to another community at least 50 miles from the current residence in order to participate in VR services identified on the IPE, increased costs if any may be paid only to secure a comparable level of housing and other subsistence expenses. The Fair Market Rent Documentation System published by the U.S. Department of Housing and Urban Development may be used to compare comparable housing costs by Kansas counties. This information may be found at:
Spending authority
The counselor’s spending authority for basic subsistence (such as food, shelter, and clothing) may not exceed $450 per month. Utilities are included under the category of shelter, and include natural gas, electricity, propane, trash, water, cable, internet, telephone and cell phone.
Room and board at college (whether on or off campus) is considered maintenance and must meet the criteria established in this policy. Use Service Code 700.
If the conditions for maintenance are otherwise met (increased expenses due to participation in VR), maintenance may be paid during job search/placement until the first full month of pay has been received. Maintenance payments in such circumstances may not exceed three months. Additional months require the standard exceptions process (Rehabilitation Manager and/or Program Administrator approval).
The counselor’s spending authority for academic enrichment expenses is $50 a semester. Enrichment activities are supplementary activities and programs that contribute to the learning objectives of the courses being taken or the degree being pursued. Field trips and weekend seminars are typical examples. Club memberships and out-of-state activities are specifically excluded.
The counselor’s spending authority for interview and work clothing may not exceed $300 for the life of the case. Use Service Code 725. The standard exceptions process (Rehabilitation Manager and/or Program Administrator approval) must be used for amounts exceeding this spending authority.
There are no automatic exceptions. The standard exceptions process (Rehabilitation Manager and/or Program Administrator approval) must be used for amounts exceeding the spending authorities identified in this policy.
Payment methods
Maintenance funds may be reimbursed to clients or paid in advance, in accordance with the policies established in Section 6/Part 2.
Maintenance is not income
Maintenance should not be reported to the Social Security Administration as income.
Reference: Social Security Program Operations Manual SI 00815.050
Maintenance is not considered income and is exempt from reporting for all DCF/Economic and Employment Services programs.
Documentation
The counselor is responsible to maintain the documentation of client-specific expenses and the Maintenance Worksheet in the case file.
Effective Date: October 1, 2013