Cal. Code Regs. Tit. 9, § 7177 - Maintenance

(a) The Department may provide maintenance, as defined in Section 7019 of these regulations, to an individual who:

(1) Is participating in an assessment for determining eligibility and vocational rehabilitation needs or receiving vocational rehabilitation services under an Individualized Plan for Employment (IPE); and

(2) Must incur additional expenses for items such as food, shelter, and clothing in excess of that individual's normal expenses in order to participate in the assessment or receive the service.

(b) The Department may not provide maintenance to support an individual's basic living expenses. Short-term emergency financial assistance may be provided under limited conditions specified in Section 7174 of these regulations.

(c) Before maintenance may be provided, the Rehabilitation Counselor must document all of the following in the record of services:

(1) The availability and use of comparable services and benefits, as specified in Chapter 5, Article 3 of these regulations;

(2) The extent of the individual's financial participation, if any, as specified in Chapter 5, Article 1 of these regulations; and

(3) The amount of expense that must be incurred in excess of normal living expenses in order for the individual to participate in the assessment or receive the service described in (a)(1) of this section.

(d) Maintenance payments to an individual are limited to actual expenses in excess of normal living expenses.

(e) The District Administrator must approve the provision of maintenance to an individual who is not in an independent living situation (e.g., living at home with parents or with a family relative) when that maintenance exceeds $500 during any consecutive 12-month period. The District Administrator must verify that the requirements of this section are met before granting approval.

(1) A 12-month period begins with the month in which the first allowable expense is incurred and ends after 12 months have elapsed. For example, if the expense was incurred in April, the 12 month period ends in the following April. If the next expense is not incurred until July, a new 12-month period begins in July.

Notes

Cal. Code Regs. Tit. 9, § 7177

1. New section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC 723(a)(7); 34 CFR Sections 361.5(b)(35) and 361.48(g); and Sections 19011 and 19150(a)(8), Welfare and Institutions Code.

1. New section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).