§ 379.3Who is eligible for services under this program?
(a) An individual is eligible for services under this program if—
(1) The individual is an individual with a disability or an individual with a significant disability;
(2) The individual requires vocational services to prepare for, secure, retain, or regain employment; and
(3) The determination of eligibility is consistent withsection 102(a) of the Rehabilitation Act of 1973, as amended (Act), 29 U.S.C. 701-796l.
(b) The recipient of the grant under which the services are provided may determine an individual's eligibility for services under this program, to the extent that the determination is appropriate and consistent with the requirements ofsection 102(a) of the Act. See Appendix B to this part for further information.
(c) Except as provided in paragraph (d) of this section, an individual who has a disability or is blind, as determined pursuant to title II or title XVI of the Social Security Act (42 U.S.C. 401-433 and 1381-1385)—
(1) Is considered to be an individual with a significant disability; and
(2) Is presumed to be eligible for vocational rehabilitation (VR) services under this program (provided that the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual).
(d) The DSU or recipient of the grant involved may deny an individual services if the DSU or recipient of the grant involved can demonstrate, by clear and convincing evidence, that the individual is incapable of benefiting in terms of an employment outcome from VR services due to the significance of the disability of the individual.