Vocational Rehabilitation Manual Chapter 18: Maintenance Services
Revised 4/1/2017
- 18.1 Overview
- 18.2 Recurring Maintenance
- 18.3 Non-Recurring Maintenance
- 18.4 Short-term Housing Maintenance
- 18.5 When TWS-VR Does Not Authorize the Use of Maintenance
- 18.6 Processing Maintenance Payments
- 18.7 State Law Prohibitions on Warrants for Individuals
o18.1.1 Purpose of Maintenance
o18.1.2 Additional Uses of Maintenance
o18.1.3 When DBS Does Not Authorize the Use of Maintenance
o18.1.4 State Law Prohibitions on Warrants for Individuals
o18.1.5 Criss Cole Rehabilitation Center (CCRC) Training
o18.1.6 Business Enterprises of Texas (BET) Training
o18.1.7 When an Attendant or Escort Is Needed
18.1 Overview
(Revised 10/15, 07/16)
18.1.1 Purpose of Maintenance
*DARSTWS-VR may authorize and make pay maintenance payments to a consumer for suchcustomer in accordance with the definition of maintenance within the Code of Federal Regulations, 361,5(c)(34):
"Maintenance means monetary support provided to an individual for expenses, such as food, shelter, and clothing, if the expenses exceedthat are in excess of the consumer's normal expenses of the individual and that are necessary fornecessitated by the individual'sconsumer's participation in: an assessment for determining eligibility and vocational rehabilitation needs or the individual's receipt of vocational rehabilitation services under an individualized plan for employment."
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).
(Authority: Sections 12(c) and 103(a)(7) of the Rehabilitation Act of 1973, as amended; 29 USC 709(c) and 723(a)(7))
The three types of maintenance are:
recurring maintenance;
non-recurring maintenance; and
rental maintenance.
You may authorize and pay for maintenance in advance.
Maintenance Type / Provided as … / Limits / Documentation RequiredRecurring / Recurring payments to the consumer or a third party to offset the consumer's ongoing expenses that:
are necessary for the consumer to participate in vocational rehabilitation (VR) assessments or services related to the individualized plan for employment (IPE); and
- exceed the consumer's normal living expenses.
must not exceed $55 per week;
are ordinarily limited to 104 weeks, for vocational training;
are ordinarily limited to 156 weeks, for academic college-level training; and
- are ordinarily limited to 16 weeks for a consumer who is self-employed.
A service justification case note
- Individualized Plan for Employment (IPE) or IPE amendment
Non-recurring / One-time payment to the consumer or a third party to offset expenses that:
exceed the consumer's normal living expenses; and
are a direct result of participation in essential VR assessments or services.
Examples include paying for food and lodging to participate in assessments or certification exams. / Supervisory approval is required for payments over $400.
If the payment is over $400, contact ReHabWorks Provider Services to have the consumer established as a provider. / The following are required:
A service justification case note
IPE or IPE amendment
- A receipt to verify the purchase of goods or services
Rental / Payment to the consumer or a third party for housing that is
necessary for the consumer to participate in VR assessments or IPE services; and
- in excess of the consumer's normal living costs.
Note: The process to set up the landlord and/or lessor as a provider must be started during the first month for which rental maintenance is authorized. / The following are required:
A service justification case note
A copy of the rental agreement
- A receipt for payment to 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.
For more information on processing maintenance payments, see Chapter 43: Purchasing Goods and Services for Consumers, 43.17.2 Paying in Advance and 43.17.3 Setting Up and Paying Providers.
TWS-VR may authorize and pay maintenance only for expenses that are in excess of the normal expenses of the individual and that are necessary for participation in:
•assessments for determining eligibility and vocational rehabilitation needs; or
•services under an individualized plan for employment (IPE).
Normal living expenses include such items as housing, food, clothing, and transportation, and whatever additional expenses would be considered necessary to those broad categories (not directly associated with the receipt of VR services), such as utility costs and vehicle insurance.
CFR 361.5(c)(34) states, “the following are examples of expenses that would meet the definition of maintenance. The examples are illustrative, do not address all possible circumstances, and are not intended to substitute for individual counselor judgment.
Example 1: The cost of a uniform or other suitable clothing that is required for an individual's job placement or job-seeking activities.
Example 2: The cost of short-term shelter that is required in order for an individual to participate in assessment activities or vocational training at a site that is not within commuting distance of an individual's home.
Example 3: The initial one-time costs, such as a security deposit or charges for the initiation of utilities that are required in order for an individual to relocate for a job placement.”
TWS-VR uses three categories of maintenance:
•Recurring maintenance
•Non-recurring maintenance
•Short-term housing maintenance
All approved maintenance expenditures must be necessary and reasonable under the circumstances prevailing at the time a decision is made and must be clearly documented in the case file.
Decision making factors to consider include but are not limited to:
- individual rehabilitation needs consistent with each individual’s informed choice;
- market rates or limitations specified by TWC policy;
- availability of cost-effective alternatives; and
- all other established policies and procedures, including policies and procedures for customer participation in cost of services, also known as basic living requirements (BLR). Refer to Chapter 2: Intake, 2.3 Consumer Participation in Cost of Services for more information.
Maintenance cannot be used for costs directly associated with transportation, such as mileage or driver services. For more information about transportation as a supplemental service, refer to Chapter 34: Transportation.
18.2 Recurring Maintenance
Recurring maintenance (also referred to as “weekly maintenance” in ReHabWorks (RHW)) is used for expenses that are incurred on a recurring basis as a direct result of participation in VR services.
Recurring maintenance is:
•not to exceed $55 per week;
•ordinarily limited to 104 weeks for a customer who is pursuing vocational training;
•ordinarily limited to 156 weeks for a customer who has a significant disability and who is pursuing academic college-level training; and
•ordinarily limited to 16 weeks for a customer in self-employment.
Manager review and approval are required for recurring maintenance service authorizations that exceed four consecutive weeks or a total of six cumulative weeks; approvals can be for no more than 12 weeks per approval.
Documentation of Use of VR Funds
The customer must be informed that they are required to maintain logs to verify that the maintenance funds are being used for their intended purpose. These logs must be turned in and reviewed by the counselor monthly. Customers should maintain copies of receipts to verify the content of the logs for audit purposes, but these receipts do not need to be turned in to TWS-VR with the logs.
If a log for recurring maintenance is not turned in in a timely manner or if it is determined that the funds were not used for their intended purpose, no additional maintenance payments can be authorized. Manager review and approval will be required before recurring maintenance is reinstated.
Manager review and approval must be completed and documented in RHW before the service authorization is issued.
18.3 Non-Recurring Maintenance
Non-recurring maintenance (also referred to as “one-time maintenance” in RHW) is used for one-time expenses that are incurred as a direct result of participation in VR services.
Non-recurring maintenance may also be used to purchase:
•Maximum Affordable Payment Schedule (MAPS) goods and services (only when the vendor will not accept a TWS-VR service authorization).
When non-recurring maintenance is used to purchase MAPS goods or services:
- applicable MAPS rate must still be applied to determine the amount of maintenance to be paid;
- this process may not be used to exceed established MAPS fees; and
- manager approval is required.
•Business start-up costs for self-employment. Refer to Chapter 29: Self-Employment for details; and
•Escort or attendant supports (when required) for a customer (use current state per diem rate).
Documentation of Use of VR funds
The customer must provide a receipt that shows proof of purchase from the vendor to verify that funds were used for their intended purpose before any additional maintenance funds are released to the customer for any purpose.
If a receipt for non-recurring maintenance is not turned in or if it is determined that the funds were not used for their intended purpose, authorization of any additional maintenance funds for any purpose will require manager review and approval.
Manager review and approval are required for all non-recurring maintenance that is equal to or greater than $200.
Manager review and approval is required before maintenance can be paid to the customer to purchase goods or services that have more specific purchasing processes and/or specifications available in RHW.
Manager review and approval must be completed and documented in RHW before the service authorization is issued.
18.1.2 Additional Uses of Maintenance
Non-recurring maintenance may be used to purchase Maximum Affordable Payment Schedule (MAPS) goods and services only when the vendor will not accept a DBS service authorization.
When non-recurring maintenance is used to purchase MAPS goods or services
applicable MAPS rate must still be applied to determine the amount of maintenance to be paid; and
this process may not be used to exceed established MAPS fees; and supervisor approval is required.
You may also provide maintenance payments to help a consumer during business start-up for self-employment. Refer to Chapter 29: Self-Employment for details.
18.4 Short-term Housing Maintenance
Short-term housing maintenance is used only for short-term housing expenses that are incurred as a direct result of participation in VR assessments or services. It may not be used to pay a customer’s mortgage payment or the customer’s usual and customary rent for housing, which are considered normal living expenses.
When it is expected that short-term housing maintenance (in excess of normal living expenses) will exceed a total of three months (cumulatively or consecutively), the TWS-VR team must initiate the process to set up the landlord and/or lessor as a provider for “room and board” during the first month for which short-term housing maintenance is authorized. Refer to Chapter 43: Purchasing Goods and Services for Consumers, 43.17.3 Setting Up and Paying Providers for more information on this process. If the landlord or lessor refuses to be set up as a provider for any reason, alternate housing must be explored. If no other acceptable options are available, justification for paying the customer directly for ongoing room and board must be clearly documented in a case note and reviewed for management approval.
Once the landlord or lessor is set up as a provider, short-term housing expenses should be paid as “room and board”. Refer to Chapter 6: Academic, Vocational, and Technical Training, 6.8.1 Room and Board and Chapter 43: Purchasing Goods and Services for Consumers, 43.17.2 Paying in Advance for more information about paying room and board.
Documentation of Use of VR Funds
The customer must provide a receipt that shows proof of payment to the provider to verify that funds were used for their intended purpose before any additional maintenance funds are released to the customer for any purpose. If a receipt is not turned in or if it is determined that the funds were not used for their intended purpose, authorization of any additional maintenance funds for any purpose will require manager review and approval.
Manager review and approval is required for all short-term housing maintenance and is limited to three-month increments (cumulatively or consecutively). For example, a manager may approve the initial three months of short-term housing maintenance; if additional short-term housing maintenance is needed beyond the initial three months for any reason, then additional manager review and approval is required for each three-month period.
Manager review and approval must be completed and documented in RHW before the service authorization is issued.
18.1.3 When DBS Does Not Authorize the Use of Maintenance
18.5 When TWS-VR 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 5: Training Overview Chapter 6: Academic, Vocational, or Technical Training;
- compensation for an on-the-job training program;
- goods and services that are under contract;
- mortgage payments, usual and customary rent for housing, and any associated fees or expenses;
- reimbursement for ANY expenses that were not authorized by the VRC prior to the expense (including but not limited to balances for previous medical services, past due housing, utilities, loans, or related fees and penalties); or
- any items listed in Chapter 43: Purchasing Goods and Services for Consumers, 43.7 Purchasing Thresholds and Restrictions and 43.7.3 Purchasing Restrictions.
any item on the list in Chapter 29: Self-Employment, 29.5.1, Items DBS Does Not Purchase.
Management exceptions are not allowed.
Short-term housing maintenance cannot be used to support training, activities, or assessments that occur in the same town as the customer’s residence.
Exceptions require review and approval by TWC-VRS state office management.
18.6 Processing Maintenance Payments
Maintenance may be authorized and paid in advance.
Maintenance checks, or warrants, are mailed:
•directly to the customer or third-party payee; or
•to the TWS-VR field office in exceptional circumstances and only with the manager's approval.
See Chapter 43: Purchasing Goods and Services for Consumers for more information about processing payments.
18.1.4 State Law Prohibitions on Warrants for Individuals
18.7 State Law Prohibitions on Warrants for 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 Texas Comptroller of Public Accounts Hold Procedures.
*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)
18.1.5 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 $55 per week.
For more information, see Chapter 2: Intake, 2.3 Consumer Participation in Cost of Services
18.1.6 Business Enterprises of Texas (BET) Training
For a 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-sponsored residence; and
meets the rules for consumer participation in the cost of services.
For more information, see Chapter 2: Intake, 2.3 Consumer Participation in Cost of Services
Subsequent maintenance payments of $236.50 are provided through Criss Cole Rehabilitation Center (CCRC) counselors for:
evening and weekend meals;
local bus transportation to and from CCRC, if required; and
incidental needs.
For consumers who live in Austin, standard maintenance rules apply.
18.1.7 When an Attendant or Escort Is Needed
(Revised 10/07)
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.
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