45 C.F.R. Subpart D—Senior Companion Eligibility, Status, and Cost Reimbursements
Title 45 - Public Welfare
(a) To be a Senior Companion, an individual must: (1) Be 60 years of age or older; (2) Be determined by a physical examination to be capable, with or without reasonable accommodation, of serving adults with special needs without detriment to either himself/herself or the adults served; (3) Agree to abide by all requirements as set forth in this part; and (4) In order to receive a stipend, have an income that is within the income eligibility guidelines specified in this subpart D. (b) Eligibility to be a Senior Companion shall not be restricted on the basis of formal education, experience, race, religion, color, national origin, sex, age, handicap, or political affiliation. (a) To be enrolled and receive a stipend, a Senior Companion cannot have an annual income from all sources, after deducting allowable medical expenses, which exceeds the program's income eligibility guideline for the state in which he or she resides. The income eligibility guideline for each state is the higher amount of either: (1) 125 percent of the poverty line as set forth in 42 U.S.C. 9902 (2); or (2) 135 percent of the poverty line, in those primary metropolitan statistical areas (PMSA), metropolitan statistical areas (MSA) and non-metropolitan counties identified by the Corporation as being higher in cost of living, as determined by application of the Volunteers in Service to America (VISTA) subsistence rates. In Alaska the guideline may be waived by the Corporation State Director if a project demonstrates that low-income individuals in that location are participating in the project. (b) For applicants to become stipended Senior Companions, annual income is projected for the following 12 months, based on income at the time of application. For serving stipended Senior Companions, annual income is counted for the past 12 months. Annual income includes the applicant or enrollee's income and that of his/her spouse, if the spouse lives in the same residence. Sponsors shall count the value of shelter, food, and clothing, if provided at no cost by persons related to the applicant, enrollee, or spouse. (c) Allowable medical expenses are annual out-of-pocket medical expenses for health insurance premiums, health care services, and medications provided to the applicant, enrollee, or spouse which were not and will not be paid by Medicare, Medicaid, other insurance, or other third party payor, and which do not exceed 50 percent of the applicable income guideline. (d) Applicants whose income is not more than 100 percent of the poverty line shall be given special consideration for enrollment. (e) Once enrolled, a Senior Companion shall remain eligible to serve and to receive a stipend so long as his or her income, does not exceed the applicable income eligibility guideline by 20 percent. [64 FR 14115, Mar. 24, 1999, as amended at 67 FR 60998, Sept. 27, 2002; 69 FR 20830, Apr. 19, 2004] (a) For determining eligibility, “income” refers to total cash or in-kind receipts before taxes from all sources including: (1) Money, wages, and salaries before any deduction, but not including food or rent in lieu of wages; (2) Receipts from self-employment or from a farm or business after deductions for business or farm expenses; (3) Regular payments for public assistance, Social Security, Unemployment or Workers Compensation, strike benefits, training stipends, alimony, child support, and military family allotments, or other regular support from an absent family member or someone not living in the household; (4) Government employee pensions, private pensions, and regular insurance or annuity payments; and (5) Income from dividends, interest, net rents, royalties, or income from estates and trusts. (b) For eligibility purposes, income does not refer to the following money receipts: (1) Any assets drawn down as withdrawals from a bank, sale of property, house or car, tax refunds, gifts, one-time insurance payments or compensation from injury; (2) Non-cash income, such as the bonus value of food and fuel produced and consumed on farms and the imputed value of rent from owner-occupied farm or non-farm housing. Senior Companions are volunteers, and are not employees of the sponsor, the volunteer station, the Corporation, or the Federal Government. Cost reimbursements include: (a) Stipend. Senior Companions who are income eligible will receive a stipend in an amount determined by the Corporation and payable in regular installments, to enable them to serve without cost to themselves. The stipend is paid for the time Senior Companions spend with their assigned clients, for earned leave, and for attendance at official project events. (b) Insurance. A Senior Companion is provided with the Corporation-specified minimum levels of insurance as follows: (1) Accident insurance. Accident insurance covers Senior Companions for personal injury during travel between their homes and places of assignment, during their volunteer service, during meal periods while serving as a volunteer, and while attending project-sponsored activities. Protection shall be provided against claims in excess of any benefits or services for medical care or treatment available to the volunteer from other sources. (2) Personal liability insurance. Protection is provided against claims in excess of protection provided by other insurance. It does not include professional liability coverage. (3) Excess automobile liability insurance. (i) For Senior Companions who drive in connection with their service, protection is provided against claims in excess of the greater of either: (A) Liability insurance volunteers carry on their own automobiles; or (B) The limits of applicable state financial responsibility law, or in its absence, levels of protection to be determined by the Corporation for each person, each accident, and for property damage. (ii) Senior Companions who drive their personal vehicles to or on assignments or project-related activities must maintain personal automobile liability insurance equal to or exceeding the levels established by the Corporation. (c) Transportation. Senior Companions shall receive assistance with the cost of transportation to and from volunteer assignments and official project activities, including orientation, training, and recognition events. (d) Physical examination. Senior Companions are provided a physical examination prior to assignment and annually thereafter to ensure that they will be able to provide supportive service without injury to themselves or the clients served. (e) Meals and recognition. Senior Companions shall be provided the following within limits of the project's available resources: (1) Assistance with the cost of meals taken while on assignment; and (2) Recognition for their service. (f) Leadership incentive. Senior Companions who serve as volunteer leaders, assisting new Senior Companions or coordinating other Senior Companions in accordance with the Act, may be paid a monetary incentive. (g) Other volunteer expenses. Senior Companions may be reimbursed for expenses incurred while performing their volunteer assignments provided these expenses are described in the Memorandum of Understanding negotiated with the volunteer station to which the volunteer is assigned, and there are sufficient funds available to cover these expenses and meet all other requirements identified in the notice of grant award. [64 FR 14115, Mar. 24, 1999, as amended at 67 FR 60998, Sept. 27, 2002; 69 FR 20830, Apr. 19, 2004] No. Senior Companion's cost reimbursements are not subject to any tax or charge or treated as wages or compensation for the purposes of unemployment insurance, worker's compensation, temporary disability, retirement, public assistance, or similar benefit payments or minimum wage laws. Cost reimbursements are not subject to garnishment and do not reduce or eliminate the level of, or eligibility for, assistance or services a Senior Companion may be receiving under any governmental program.
Title 45: Public Welfare
PART 2551—SENIOR COMPANION PROGRAM
Subpart D—Senior Companion Eligibility, Status, and Cost Reimbursements
§ 2551.41 Who is eligible to be a Senior Companion?
§ 2551.42 What income guidelines govern eligibility to serve as a stipended Senior Companion?
§ 2551.43 What is considered income for determining volunteer eligibility?
§ 2551.44 Is a Senior Companion a federal employee, an employee of the sponsor or of the volunteer station?
§ 2551.45 What cost reimbursements are provided to Senior Companions?
§ 2551.46 May the cost reimbursements of a Senior Companion be subject to any tax or charge, be treated as wages or compensation, or affect eligibility to receive assistance from other programs?
