Ohio Administrative Code › Title 5902 - Governor's Office of Veterans' Affairs › Chapter 5902-4 - Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund › Section 5902-4-06 - Legal residence

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule, the term
			 "service member" shall mean the individual for whose military service
			 compensation is sought, regardless of whether the application for compensation
			 is filed by the individual on his or her own behalf; by a legally appointed
			 guardian; or by his or her next of kin in the case of a deceased individual or
			 an individual designated as missing in action or held in enemy
			 captivity.
(B) In order to be
			 eligible for compensation under this chapter, the applicant must establish to
			 the satisfaction to the director of the department of veterans services, that
			 the service member was a legal resident of Ohio at the start of such service
			 member's active duty service in the United States armed services. The proof of
			 residence shall be the official military records of the United States or other
			 evidence deemed sufficient by the director. In making a determination of the
			 legal residence in cases where official military records do not show Ohio as
			 the home of record at the start of active duty service, the director will apply
			 a rebuttable presumption that the veteran was not a legal resident of Ohio. The
			 applicant may rebut this presumption by submitting documents establishing to
			 the satisfaction of the director that Ohio was the service member's legal
			 residence.
(C) In order to be
			 eligible for compensation under this chapter the applicant must also establish
			 to the satisfaction of the director that the service member, if living, is an
			 Ohio resident at the time the application is filed. An applicant for
			 compensation who is the survivor of a deceased service member or the next of
			 kin of a service member designated as missing in action or held in enemy
			 captivity need not be a resident of Ohio at the time the application is filed
			 in order to be eligible for compensation under this chapter if all other
			 criteria are met, however in the case of an application for compensation filed
			 by the survivor of a deceased service member, such service member must have
			 been an Ohio resident at the time of his/her death in order for his/her
			 survivor to be eligible for payment of compensation.
(D) A legal resident of Ohio is an individual
			 for whom Ohio was the state of domicile and who did not claim legal residence
			 in any other state for any purpose. A service member's legal residence in Ohio
			 is not changed by virtue of military assignment to another state.
(E) Documents that the director may consider
			 to determine the residency of a service member under paragraphs (B) and (C) of
			 this rule include, but are not limited to, the following:
(1) Voter registration records;
(2) Proof of payment of Ohio state income tax
			 as a resident;
(3) Ohio driver's
			 license;
(4) Other proof of Ohio
			 residence address, including high school diploma or attendance record for Ohio
			 high school, real estate records, utility receipts and other records showing
			 residence in Ohio; and
(5) An
			 affidavit of residence submitted by the service member or other person having
			 knowledge of such facts under penalty of law in which the affiant swears or
			 affirms that the service member was a resident of Ohio at the start of his/her
			 active duty and/or is a current Ohio resident.