Geographic Level of Need

In accordance with 34 CFR § 361.54 and 22 VAC 30-20-160, a different level of need for consumer financial participation shall be applied to Planning District 8 (i.e., the Northern Virginia Regional Commission established pursuant to Virginia's Regional Cooperation Act), which includes: the counties of Arlington, Fairfax, Loudoun, and Prince William; and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.  The consumer financial participation policy allows different levels of need for different geographic regions in the State, but shall be applied uniformly to all individuals within specific geographic regions (per 2016 Federal Regulation 34 CFR § 361.54). 

Effective upon publication of the 2025 poverty guidelines by the U.S. Department of Health and Human Services and updated annually thereafter, a multiplier of 15% shall be applied to the exclusion for normal living expenses based on family size (see: Chapter 12, FORMS, RS-13.) for DRS clients in: the counties of Arlington, Fairfax, Loudoun, and Prince William; the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.

5. Public comment.

DRS will hold public meetings whenever there are significant and relevant changes in the consumer financial participation policy, including public meetings to develop or amend the relevant portion of the State Plan for Vocational Rehabilitation Services Program and Supported Employment Services Program.

6. Consumer financial participation and exceptions.

The VR client (and family, if applicable) shall share in the annual cost of all VR services provided - unless the service or client is exempt.  The consumer financial participation amount is subject to the Client Financial Statement (RS-13) (see subsection B1 of this policy) as well as the other DRS funding policies (i.e., comparable benefits, fee schedule and maximum allowances, lowest cost alternative that meets the client VR needs, self-employment enterprise, Student Aid Index for school training that participates in federal financial aid program, etc.).  For documentation requirements to support the RS-13, see Chapter 12, FORMS, RS-13.  

Exception 1: VR clients who are a dependent of a family receiving Temporary Assistance to Needy Families (TANF) are exempt from consumer financial participation (per agency mandate).  At application enter TANF cash amount in AWARE and keep proof of amount in client file. Each year before providing fee-based services update RS-13 page 1 and verify continued TANF status (but not amount).

Exception 2:  VR clients who are a dependent of a family receiving General Relief (GR) cash benefits are exempt from consumer financial participation (per agency mandate). At application enter GR cash amount in AWARE and keep proof of amount in client file. Each year before providing fee-based services update RS-13 page 1 and verify continued GR status (but not amount).

Exception 3:  VR clients who have been determined eligible for Supplemental Security Income (SSI), or Social Security Disability Insurance (SSDI) benefits as the disabled worker Claimant or SSDI benefits as the disabled adult child (age 18 or older) under Title II or Title XVI of the Social security Act are exempt from consumer financial participation (per 2016 Federal Regulation 34 CFR § 361.54).  If the client is receiving cash benefits at application, enter SSI/SSDI cash amount in AWARE and keep proof of amount in client file. Each year before providing fee-based services update RS-13 page 1 and verify continued SSI/SSDI status (but not amount) (per 2016 Federal Regulation 34 CFR § 361.46 and 2016 Federal Regulation 34 CFR § 361.47 and RSA Manual Chapter 2510.04 issued November 12, 1991). 

Clients who receive SSDI Survivor Benefits or Family Benefits are not exempt from consumer financial participation.  

Guidance 1: Individuals who are eligible for 1619(b) protected Medicaid status remain eligible for SSI benefits as long as they continue to meet all other eligibility criteria for SSI apart from their wages. They are not receiving a cash benefit, but they are still considered SSI eligible.

Guidance 2: With regard to SSDI eligibility, a client can have cash benefits ceased after a trial work period and enters into a consecutive 36-month Extended Period of Eligibility (EPE).  During the EPE, the client remains eligible for an SSDI cash benefit, but may not be receiving one due to earnings (i.e., if the client is still within the EPE, the client is eligible for a benefit, regardless of whether a benefit is being received).

Guidance 3: In general, a client who received SSI/SSDI in the past will continue to be eligible for a benefit regardless of whether a cash benefit is currently being received until the Social Security Administration finds the client no longer disabled following a continuing disability review or eligibility for benefits is terminated due to work after an EPE is over if countable earnings remain above substantial gainful activity (SGA) amount.

Exception 4: Family member income from TANF, GR, SSI, and SSDI disabled worker Claimant and SSDI Adult Child Disability Benefits cash amounts is exempt (per 2016 Federal Regulation 34 CFR § 361.54) from consumer financial participation, but other family member income is subject to consumer financial participation.
 

Exception 5​: The following VR services are exempt from consumer financial participation (per 2016 Federal Regulation 34 CFR § 361.54 and State Regulation 22 VAC 30-20-160).

1. Eligibility determination assessment to determine eligibility and VR needs assessment (and assign priority category if DRS is on Order Of Selection). However non-assessment services provided under a Trial Work Experiences Plan, Employment Plan, or Post Employment Services Plan are subject to consumer financial participation (per 2016 Federal Regulation 34 CFR § 361.54).
    

Cross-reference: For consumer financial participation requirements during trial work, see Chapter 4.02, TRIAL WORK, Policy 1, Section B. 
 

Cross-reference: For diagnostic, assessment, and evaluation services, see Chapter 6, DIAGNOSTIC, Policy 1.
 

2. Vocational rehabilitation counseling, guidance, and referral provided by DRS staff (per 2016 Federal Regulation 34 CFR § 361.54).
   
    

3. Personal assistance services (PAS) necessary for the VR client to participate in the VR program (per 2016 Federal Regulation 34 CFR § 361.54). This includes the PAS needs assessment.
   
    

4. Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow along services (per 2016 Federal Regulation 34 CFR § 361.54). (Note that the exemption of job-related services may include some supported employment services.) ​
   
   
5. On-the-job training (per State Regulation 22 VAC 30-20-160).
   
    
6. Auxiliary aids, interpreter for the deaf services or other reasonable communication accommodations that is required under Section 504 of the Rehabilitation Act of 1973, as amended and Americans with Disabilities Act of 1990 (P.L. 101-336) for the consumer to participate in the vocational rehabilitation program (per 2016 Federal Regulation 34 CFR § 361.54). However, hearing aids, telecommunication systems, assistive listening devices, alerting devices, and other goods are subject to consumer financial participation. "Auxiliary aid" means taped texts, Braille or large print materials, etc. that make visually delivered materials accessible to the consumer; qualified interpreters for the deaf, note takers, readers, written materials, assistive listening systems (e.g., room loop, individual loop), etc. that make aurally delivered materials accessible to the consumer (per Americans with Disabilities Act of 1990).
   
    
7. Support services such as transportation, dependent day care, and maintenance, necessary for the VR client to access diagnostic and evaluation services (per 2016 Federal Regulation 34 CFR § 361.54).