10A NCAC 71P .0903. RESIDENCE

(a)  State Residence Eligibility Requirement.  An individual must be a resident of North Carolina and meet the requirements in G.S. 108A-41(b)(3) to be eligible for Special Assistance.

(b)  Moving Into, Visiting In , or Moving Out of North Carolina:

(1)           Moving into or visiting in North Carolina from other states:

(A)          An individual who moves to or visits in North Carolina cannot be Group I regardless of his status in the previous state.

(B)          If an individual moves to North Carolina voluntarily and states his intent to remain, he is a resident of North Carolina.  This includes anyone who enters North Carolina because of a job commitment or seeking work but is not receiving assistance from another state.  He must apply at the county department of social services in the county in which he resides.

(C)          An individual visiting in the state without a stated intent to remain is ineligible for Special Assistance.

(2)           An individual who moves to another state and intends to remain there is not eligible for Special Assistance.

(c)  County Residence Eligibility Requirement:

(1)           An individual ordinarily has residence in the county in which he resides.  However, if he is in a hospital, mental institution, intermediate care facility, skilled nursing home, boarding home, confinement center or similar facility, the county in which the facility is located may not be his legal residence.  Except for (2) and (3) of this Paragraph, the county of legal residence would be the county in which the individual lived in private living arrangements prior to entering a facility.

(2)           A woman in domiciliary care has the county residence of her husband.

(3)           If a disabled adult child (DAC) has remained in a facility (Example: domiciliary care), he remains a resident of the county and state in which his parent(s) had residence immediately prior to his reaching age 18.  If he as an adult is entering domiciliary care and it is not possible to trace his county of residence as a minor, he may establish residence based on his intent to remain regardless of his parent's current legal residence.

(d)  Temporary Absence.

(1)           A domiciliary care applicant or recipient shall not receive Special Assistance for days he is not living in the rest home unless he is expected to return within 30 days.

(2)           Temporary absence from the state or county of residence with subsequent return or intent to return does not make a Certain Disabled recipient in a private living arrangement ineligible.

(e)  Verification.  The worker shall accept the applicant's or recipient's statement unless there is some reason to doubt it.  If there is doubt, documentary evidence shall be required.  If a Certain Disabled recipient's visit to another county within the state or to another state exceeds three months, the eligibility specialist in the responsible county shall verify the following:

(1)           the recipient's intent to return;

(2)           reason for the continuing absence; and

(3)           the continuing maintenance of a home in the first county.

 

History Note:        Authority G.S. 108A‑41; 108A-41(b); 143B‑153;

Eff. January 1, 1983;

Amended Eff. June 1, 1990;

Temporary Amendment Eff. October 28, 1997;

Amended Eff. April 1, 1999.