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Vocational Rehabilitation Services

Maintenance

Summary
The Maintenance policy defines "maintenance" and outlines the parameters for the provision of maintenance services to Vocational Rehabilitation Services consumers.

Relevant Laws, Rules, or Policies
Code of Federal Regulations, Title 34
Minnesota Administrative Rules, Chapter 3300
The Rehabilitation Act

Effective Date
9/1/1993

Last Updated
1/1/2024

Contact
Heather Farmer, Heather.Farmer@state.mn.us
Tel   612.414.9668
Fax  651.297.5159

Policy

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 needs or the individual's receipt of vocational rehabilitation services under an Employment Plan.

Maintenance services must be provided only when necessary for an individual with a disability to prepare for, secure, retain, advance in or regain competitive integrated employment that is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

Maintenance will be provided only when an eligible individual’s participation in one or more other vocational rehabilitation services results in added costs, i.e., expenses that are in excess of the individual’s normal expenses.

There must be a search for comparable benefits unless the search would unreasonably interrupt or delay:

  • The progress of an eligible person toward achieving the employment outcome identified in the Employment Plan, or
  • An immediate job placement.
  • The provision of vocational rehabilitation services to any individual who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional.

A comparable benefits search is not required for assessment activity.

If it is known that comparable benefits exist but are not available at the time needed to ensure the timely progress of the individual toward achieving an employment outcome, the agency must provide services until those comparable benefits become available.

The agency must not purchase a service when the person refuses or fails to make formal application for a comparable benefit to pay all or part of the cost of the service, or when the individual refuses to accept a comparable benefit that is available to the person.

Consumer financial participation (CFP) applies unless maintenance is required for assessment or is in support of Pre-Employment Transition Services.

Maintenance cannot be provided for expenses that the eligible individual would incur whether or not the individual was receiving vocational rehabilitation services. Maintenance cannot be provided if the provision of maintenance would result in a reduction of payments to the individual by other government assistance programs.

When added costs are for ongoing monthly living expenses such as rent, utilities and food, maintenance payments may not exceed the actual added cost resulting from the Employment Plan or $570/month, whichever is less.

However, during a period of temporary relocation for services other than postsecondary training, individuals who are maintaining a primary residence can receive payments in excess of $570/month as long as the total in any 12-month period does not exceed $6,840.

With the exception of meal only purchases for individuals participating in postsecondary training described below, maintenance payments for added costs for ongoing monthly living expenses for eligible individuals participating in postsecondary training may be provided only when the eligible person cannot receive postsecondary training from a Minnesota public postsecondary institution within a reasonable commuting distance offering the broad field of study required by the individual’s employment plan without incurring added living costs and

  • The eligible individual is unable to work while participating in postsecondary training because of the individual’s disability, as determined based on available medical, psychological, and other diagnostic information; or
  • It is necessary for the eligible person to leave subsidized housing in order to participate in postsecondary training under an Employment Plan; or
  • It has been determined by the vocational rehabilitation counselor, in consultation with the eligible individual, that the person is unable to find work due to a postsecondary training program being 16 weeks or less in duration.

When added living costs are due to loss of subsidized housing, the eligible person must reapply for subsidized housing if available in the new location. Maintenance for ongoing monthly living expenses must be discontinued when new subsidized housing is offered or the eligible individual’s Employment Plan terminates.

Agency payments for added meal costs can be made when a person's participation in postsecondary training results in added costs for meals but temporary relocation is not required.

Maintenance payments for ongoing monthly living expenses for eligible individuals not participating in postsecondary training may be provided only during a period of temporary relocation necessary to participate in other vocational rehabilitation services under an Employment Plan while a primary residence is maintained by the eligible individual or the eligible person’s family unless a person only requires meal reimbursement for participation in a vocational rehabilitation service and temporary relocation is not required.

Maintenance payments for costs that are not ongoing monthly living expenses can be paid at cost and are not subject to the established fee schedule.

Payments for relocation expenses may be provided only when the rehabilitation counselor, in consultation with the eligible individual, has determined that:

  • The eligible person cannot receive needed vocational rehabilitation services without relocation.

and/or

  • There is a need to relocate, based on available employment and labor market information.

Completion of the applicable Maintenance Worksheet(s) in Workforce One is required prior to the provision of Maintenance except for:

  • required clothing purchases or

  • meal reimbursement when required for participation in a vocational rehabilitation service when temporary relocation is not required, and the individual is attending a school offering Minnesota's Free School Meals Program.

Through appropriate modes of communication, each applicant and recipient of VR services must be given the information necessary to make informed choices. Individuals who need assistance in exercising informed choice must be made aware that support services are available.

As appropriate, services can be obtained from either an in-state or out-of-state provider. If a person chooses an out-of-state provider at a higher cost than an in-state provider, if either provider would meet the individual’s rehabilitation needs, Vocational Rehabilitation Services is not responsible for those costs in excess of the cost of the in-state service.

Exceptions to the maintenance policies may be requested from the Director of Vocational Rehabilitation Services or a designee when there are unique rehabilitation needs that cannot be met.

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Effective July 1, 2023, all Consumer Financial Participation (CFP) Policies are temporarily rescinded until further notice. The strikethrough in the text above is intentional due to the temporary nature of the CFP Policy lift.


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