DBS VR Manual Chapter 18 Revisions, October 2015

DBS VR Manual Chapter 18: Maintenance Revised October 2015

18.1 Overview

18.1.1 Purpose of Maintenance

DARS may authorize and make maintenance payments to a consumer for such expenses as food, shelter, and clothing, if the expenses exceed the consumer’s normal expenses and are necessary for the consumer’s participation in:

 assessments for determining need and eligibility for vocational rehabilitation; or  services provided under an Individualized Plan for Employment (IPE).*

*Based on 34 CFR Sections 361.5(b)(35) and 361.48(g).

The three types of maintenance are:

 recurring maintenance;  non-recurring maintenance; and  rental maintenance.

You may authorize and pay for maintenance in advance.

of 7 Maintenance Documentation Type Provided as … Limits Required Recurring Recurring payments to the Maintenance A service consumer or a third party to payments: justification case offset the consumer's note is required. ongoing expenses that:  must not exceed $55 per week;  are necessary for the  are ordinarily consumer to limited to 104 participate in weeks, for vocational vocational rehabilitation (VR) training; assessments or  are ordinarily services related to the limited to 156 individualized plan for weeks, for employment (IPE); academic and college-level training; and  exceed the consumer's normal  are ordinarily living expenses. limited to 16 weeks for a consumer who is self-employed. Non-recurring One-time payment to the Supervisory approval is The following are consumer or a third party to required for payments required: offset expenses that: over $400.  A service  exceed the Note: If the payment is justification consumer's normal over $400, contact case note living expenses; and ReHabWorks Provider  are a direct result of Services to have the  A receipt to participation in consumer established verify the essential VR as a provider. purchase of assessments or goods or services. services

Examples include paying for food and lodging to participate in assessments or certification exams.

of 7 Maintenance Documentation Type Provided as … Limits Required Rental Payment to the consumer or Not to exceed three The following are a third party for housing that months without a required: is supervisor’s approval.  A service  necessary for the Note: The process to justification consumer to set up the landlord case note participate in VR and/or lessor as a  A copy of the assessments or IPE provider must be started rental services; and during the first month for agreement which rental  in excess of the maintenance is  A receipt for consumer's normal authorized. payment to living costs. the landlord and/or lessor

Maintenance payments are based on economic need, as indicated on the basic living requirements (BLR) table.

You may provide payments to help a consumer during the start-up phase of a business for the purpose of self-employment. Refer to Chapter 29: Self Employment for details.

Maintenance checks (warrants) are:

 mailed directly to the consumer, or third-party payee; or  direct-deposited into the consumer’s bank account.

In exceptional circumstances—and only with the supervisor's approval—maintenance checks or warrants are mailed to the DBS field office.

The exceptional circumstances under which warrants are mailed to a DBS office include:

 when the consumer does not have a fixed address; or  the consumer requests that the warrant not be mailed to his or her address.

Maintenance means monetary support provided to an individual for expenses that are in excess of the normal expenses of the individual and incurred by a consumer as a result of participation in VR services, such as

 food  shelter  clothing, or  incidental needs.

of 7 Maintenance is never the only service provided to a consumer. Maintenance payments are not made for the purpose of guaranteeing consumers and/or their families a particular standard of living. Maintenance is not welfare. Therefore, a consumer living in their own residence (house or apartment), will not receive maintenance for living expenses they would normally incur if they were not involved in a rehabilitation program.

18.1.2 When DBS Does Not Authorize the Use of Maintenance

Do not use any form of maintenance to pay for:

 tuition or fees for any training course that does not meet the requirements of Chapter 6: Academic, Vocational, or Technical Training ;  compensation for an on-the-job training program;  goods and services that are under contract;  goods and services that use the rates established by the maximum affordable payment schedule (MAPS), unless the vendor does not accept a DBS service authorization;  any good or service that has established purchasing policies and procedures, unless the vendor does not accept a DBS service authorization; or  any items on the list Goods and Services DBS Does Not Provide in Chapter 29: Self-Employment, 29.5.1, Items DBS Does Not Purchase.

Exceptions require a supervisor’s approval.

18.1.2 Rule

Assisting consumers in achieving a standard of living equal to or in excess of normal living requirements is to be accomplished through the extension of effective rehabilitation services, not through making cash payments from case service funds.

Use of SSI and SSDI

Individuals who receive either SSI or SSDI cash benefits are expected to use those funds for their normal living expenses, but not for payment of VR services.

18.1.3 State Law Prohibitions on Warrants for Certain Individuals

*State law prohibits the state comptroller from issuing a maintenance warrant to a person who owes the state or federal government delinquent taxes or a defaulted debt (for example, a Texas Guaranteed Student Loan).* For more information, see the guidance document, When a Consumer Owes Money to the State or Federal Government.

of 7 *Based on Texas Education Code Sections 57.48, 57.482; Texas Family Code Section 231.007(a)–(k); Texas Government Code Sections 403.055(a)–(l), 403.0551, 403.0552, 2107.008, 2252.903(a)–(d).

18.1.3 Comparable Services or Benefits and Other Resources

Before any DBS funds can be committed for maintenance payments, the counselor must first exhaust the assistance available through

 other comparable services or benefits programs,  community resources, and  consumer resources.

Note: Consumers frequently contribute to their VR program by covering the cost of their meals while participating in a planned service. For more information, see Chapter 4: Plan Development, 4.4.2 Definition of Comparable Services and Benefits. For additional information on the use of SSI and SSDI, see Chapter 2: Intake, 2.3.4 SSI or SSDI Recipients and 18.1.2 Rule.

18.1.4 Times When Maintenance May Be Needed

There are three stages during the vocational rehabilitation process which frequently create the need for maintenance assistance:

 diagnosis and evaluation  physical restoration  training

18.2 Diagnosis and Evaluation

The securing of diagnostic or evaluative services might represent out-of-the-ordinary or extra costs to the individual.

Example: Payment for short-term lodging and meals while receiving specialized tests in a distant medical center.

If the consumer is participating in diagnostic services and you have applied the rules for consumer participation in cost of services, then the maximum allowed payment is the current state rate per day for lodging (if away from home more than 24 hours) and/or the current state rate per day for food when three meals a day are required.

If maintenance is needed for the consumer to receive diagnostic services then the economic resources table is never applied.

18.3 Physical Restoration

of 7 Maintenance may be paid to allow the consumer to participate in or recuperate from physical restoration services. For example a consumer is sent for surgery and treatment out of town.

If the consumer is participating in physical restoration and after you have applied the rules for consumer participation in cost of services, then the maximum allowed payment is $55.00 per week; $235.00 per month.

If the consumer is participating in recuperation outside the consumer's home and after you have applied the rules for consumer participation in cost of services, then the maximum allowed payment is $55.00 per week; $235.00 per month.

18.4 Training

To participate in vocational, prevocational, or college training, the consumer may need maintenance assistance for supplies, room and board, etc.

18.4.1 Incidental Needs

Maintenance payments, not to exceed $100.00 per month, can be made for

 personal hygiene items,  clothing,  shoes, or  other incidental needs.

Amounts in excess of $100.00 require supervisory approval.

18.4.2 Short Term Training

If the consumer is participating in vocational, technical, on-the-job (includes BET) or other short-term training and after you have applied the rules for consumer participation in cost of services, then maximum allowed payment is $55.00 per week; $235 per month.

Note: Food only may be provided to consumers commuting from home to training.

18.4.3 Specialized Diet During Training

If the consumer is participating in training and requires a specialized diet but does not reside in an institutional setting and you have applied the rules for consumer participation in cost of services, then the maximum allowed payment of $25.00 per month may be added to the above maintenance payment.

of 7 18.1.4 18.4.4 Criss Cole Rehabilitation Center (CCRC) Training

If the consumer is participating in personal adjustment training at the CCRC and you have applied the rules for consumer participation in the cost of services, then the maximum allowed payment is $100.00$55 per monthweek.

18.1.5 18.4.5 Business Enterprises of Texas (BET) Training

For a If the consumer who is participating in BET training, the field counselor requisitions a maintenance payment of $236.50 for the first month of training, if the consumer:

 lives in a DARS-resides in an agency sponsored residence; and  meets the rules for consumer participation in the cost of services. then the field counselor will requisition $235.00 in maintenance for the first month of training. Subsequent maintenance payments of $235.00 $236.50 are will be provided through CCRC counselors. This maintenance is for:

 evening and weekend meals;,  local bus transportation to and from Criss Cole Rehabilitation Center (CCRC), if required; and  incidental needs.

For consumers who live reside in Austin, standard maintenance rules apply.

18.4.6 Maintenance During Academic Training

See the academic section for information.

18.1.6 18.4.7 When an Attendant or Escort Is Needed

When an attendant or escort is required for a consumer to participate in a service, the rules for consumer participation in the cost of services apply.

The maximum allowed payment is the current state per diem rate.