PART 567 COMPARABLE BENEFITS : Sections Listing

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: VOCATIONAL REHABILITATION
PART 567 COMPARABLE BENEFITS

AUTHORITY: Implementing and authorized by Section 3(a) and (b) of the Rehabilitation of Persons with Disabilities Act [20 ILCS 2405/3(a) and (b)], 29 U.S.C. 721(a)(8), and 34 CFR 361.47(b).

SOURCE: Adopted at 9 Ill. Reg. 8839, effective June 10, 1985; amended at 11 Ill. Reg. 820, effective December 23, 1986; amended at 12 Ill. Reg. 3019, effective January 15, 1988; amended at 13 Ill. Reg. 9590, effective June 12, 1989; amended at 13 Ill. Reg. 18933, effective November 16, 1989; amended at 15 Ill. Reg. 6617, effective April 18, 1991; amended at 17 Ill. Reg. 149, effective December 18, 1992; emergency amendments at 17 Ill. Reg. 11696, effective July 1, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 20375, effective November 15, 1993; recodified from the Department of Rehabilitation Services to the Department of Human Services at 21 Ill. Reg. 9325; amended at 23 Ill. Reg. 1381, effective January 14, 1999; emergency amendment at 24 Ill. Reg. 10358, effective July 1, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 17733, effective November 27, 2000; amended at 27 Ill. Reg. 12598, effective July 21, 2003; amended at 31 Ill. Reg. 3187, effective February 9, 2007; amended at 34 Ill. Reg. 19025, effective November 22, 2010; amended at 47 Ill. Reg. 13555, effective September 7, 2023.

 

Section 567.10  General Applicability

 

Rules contained within this Part are applicable to all Department of Human Services-Division of Rehabilitation Services (DHS-DRS) Vocational Rehabilitation (VR) customers.

 

(Source:  Amended at 34 Ill. Reg. 19025, effective November 22, 2010)

 

Section 567.20  Definition of Comparable Benefits

 

a)         Comparable benefits means benefits that are:

 

1)         Provided or paid for, in whole or in part, by other federal, State, or local public agencies, by health insurance, or by employee benefits;

 

2)         Available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment in accordance with 34 CFR 361.53; and

 

3)         Commensurate to the services that the individual would otherwise receive from DHS-DRS.

 

b)         Comparable services and benefits do not include awards and scholarships based on merit.

 

c)         DHS-DRS customers pursuing post-secondary education and training at an institution of higher education shall comply with Section 22-87 of the Illinois School Code (105 ILCS 5/22-87).  Customers not eligible to receive benefits under the Free Application for Federal Student Aid (FAFSA) are not required to apply.  Customers must also comply with 89 Ill. Adm. Code 567.100.

 

d)         Customers requesting medical services or physical restoration services shall, unless there is clear evidence of ineligibility, make formal application for Medicaid benefits and complete the process to determine Medicaid eligibility.  Eligibility or ineligibility for Medicaid benefits shall not, in any way, affect the eligibility for Vocational Rehabilitation services from DHS-DRS.  Clear evidence of ineligibility includes, but is not limited to, a service that is not covered under the Medicaid program, a customer whose income/assets would exceed the Medicaid limit, or a customer who does not meet categorical eligibility for Medicaid.  Counselors must document instances where customers are not eligible to receive Medicaid benefits.

 

e)         Monetary awards, contributions and gifts that are specific or restricted as to use shall be used as intended (e.g., scholarships earmarked for use for college tuition costs or general college expenses) and are an available comparable benefit or service that reduces the customer's need for those services from DHS-DRS.  Unrestricted scholarships and awards based on merit do not constitute comparable benefits.

 

f)         Student loans are not considered a source of comparable benefits.

 

(Source:  Amended at 47 Ill. Reg. 13555, effective September 7, 2023)

 

Section 567.30  Exceptions to Comparable Benefits

 

Comparable benefits must be pursued for all services except:

 

a)         if a search for comparable benefits would delay the provision of VR services to a customer who is at extreme medical risk, based upon medical evidence provided by an appropriately licensed medical professional;

 

b)         for evaluation during the Determination of Eligibility and Comprehensive Assessment of Rehabilitation Needs (see 89 Ill. Adm. Code 553);

 

c)         for counseling and guidance and information and referral;

 

d)         for job-related services, including job search, placement and follow-up;

 

e)         for the provision of any service when the delay caused in identifying or making use of a comparable benefit would cause the customer to lose a job placement that is immediately available;

           

f)         for rehabilitation technology services;

           

g)         for post-employment services included in subsections (b), (c), (d), (e) and (f).

 

(Source:  Amended at 34 Ill. Reg. 19025, effective November 22, 2010)

 

Section 567.100  Refusal of Comparable Benefits

 

DHS-DRS cannot provide a service (with the exception of Section 567.30(a) through (g)) to a customer who refuses to make formal application to a comparable benefit source or who refuses to accept a comparable benefit for which he or she is eligible.

 

(Source:  Amended at 34 Ill. Reg. 19025, effective November 22, 2010)