37.30.407    VOCATIONAL REHABILITATION PROGRAM: DETERMINATION OF INCOME AND FINANCIAL RESOURCES

(1) An applicant's or a consumer's income and financial resources include, if married, that of the spouse and, if unemancipated, that of the parents or guardian.

(2) An applicant's or a consumer's income does not include income expended on disability related medical, psychological, or rehabilitation expenses incurred in the course of being determined eligible for vocational rehabilitation services and of the provision of vocational rehabilitation services.

(3) An applicant's or a consumer's income and financial resources are based on the person's next 12 months' projected income and financial resources.

(a) For an applicant or a consumer who is employed seasonally, income is calculated based on income history.

(b) For an applicant or a consumer who is self-employed, income does not include business expenses.

(4) The following assets are excluded as financial resources:

(a) the home of the applicant or consumer, the spouse or the parents, in the case of a minor;

(b) a small business or farm owned by the applicant or consumer, the spouse or the parents, in the case of a minor, if that business or farm is determined by the department to be the primary source of income or is a major asset for the applicant or consumer, the spouse or the parents;

(c) the applicant's or consumer's or the spouse's individual retirement accounts; and

(d) the applicant's or consumer's trust funds established as a result of disability to assist with the present and future medical and independent living expenses of the applicant or consumer.

History: 53-7-102, 53-7-315, MCA; IMP, 53-7-102, 53-7-105, 53-7-108, 53-7-310, MCA; NEW, 1982 MAR p. 1287, Eff. 7/1/82; AMD, 1992 MAR p. 2572, Eff. 11/26/92; AMD, 1996 MAR p. 1320, Eff. 5/10/96; TRANS, from SRS, 1998 MAR p. 2040; AMD, 2002 MAR p. 3628, Eff. 12/27/02; AMD, 2004 MAR p. 1789, Eff. 8/6/04.