Independent Living Services

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Independent Living Services

§21.160 Independent living services.

(a) Purpose. The purpose of independent living services is to assist eligible veterans whose ability to function independently in family, community, or employment is so limited by the severity of disability (service and nonservice-connected) that vocational or rehabilitation services need to be appreciably more extensive than for less disabled veterans. (Authority: 38 U.S.C. 3104(a)(15), 3109, 3120)

(b) Definitions. The term “independence in daily living” means the ability of a veteran, without the services of others or with a reduced level of the services of others, to live and function within the veteran’s family and community. (Authority: 38 U.S.C. 3101(2))

© Situations under which independent living services may be furnished. Independent living services may be furnished:

(1) As part of a program to achieve rehabilitation to the point of employability;

(2) As part of an extended evaluation to determine the current reasonable feasibility of achieving a vocational goal;

(3) Incidental to a program of employment services; or

(4) As a program of rehabilitation services for eligible veterans for whom achievement of a vocational goal is not currently reasonably feasible. This program of rehabilitation services may be furnished to help the veteran:

(i) Function more independently in the family and community without the assistance of others or a reduced level of the assistance of others;

(ii) Become reasonably feasible for a vocational rehabilitation program; or

(iii) Become reasonably feasible for extended evaluation. (Authority: 38 U.S.C. 3104(a)(15), 3109, 3120)

(d) Services which may be authorized. The services which may be authorized as part of an IILP (Individualized Independent Living Plan) include:

(1) Any appropriate service which may be authorized for a vocational rehabilitation program as that term is defined in §21.35(i), except for a course of education or training as described in §21.120; and

(2) Independent living services offered by approved independent living centers and programs which are determined to be necessary to carry out the veteran’s plan including:

(i) Evaluation of independent living potential;

(ii) Training in independent living skills;

(iii) Attendant care;

(iv) Health maintenance programs; and

(v) Identifying appropriate housing accommodations.

(Authority: 38 U.S.C. 3104(a)(15), 3109, 3120)

(e) Coordination with other VA elements and other Federal, State, and local programs. Implementation of programs of independent living services and assistance will generally require extensive coordination with other VA and non-VA programs. If appropriate arrangements cannot be made to provide these services through VA, other governmental, private nonprofit and for profit agencies and facilities may be used to secure necessary services if the requirements contained in §21.294 are met. (Authority: 38 U.S.C. 3104(a)(15), 3109, 3115, 3120)

[49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50957, Dec. 19, 1988; 55 FR 42186, Oct. 18, 1990; 62 FR 17708, Apr. 11, 1997]

Supplement Highlights reference: 30(2)

http://www.warms.vba.va.gov/REGS/38CFR/BOOKG/PART21/s21_160.doc