New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.106.410.11 - RESIDENCY

Current through Register Vol. 35, No. 13, July 16, 2024
A. To be eligible
				for inclusion in a GA benefit group, an individual must be living in the state
				of New Mexico, and have demonstrated an intent to remain in the state. For
				applicants, the residency determination shall be made on the date eligibility
				is determined
B. Residence shall
				not be considered to exist if the person is just passing through the state or
				is present in the state for purposes such as vacation, family visits, medical
				care, temporary employment, or other similar short-term stays and the person
				does not intend to remain. Residence shall not exist if an individual claims
				residence in another state.
C.
Establishing residence:
Residence in New Mexico shall be
				established by being present in the state on an ongoing basis and carrying out
				the types of activities associated with normal day-to-day living, such as
				occupying a house (paying rent or mortgage and utilities, receiving mail at
				that address, etc.), enrolling children in school, renting a post office box,
				obtaining a state driver's license, joining a church or other local
				organization, obtaining or seeking employment in the state, registering to vote
				in the state, etc.
D.
Homeless persons:
Homeless persons must meet the residence requirement;
				however, their personal situations may prevent them from establishing the types
				of residence indicators listed above. In such cases, as much information as
				possible shall be obtained and entered into the case record, but absence of the
				more common types of verifications, including but not limited to residence,
				shall not be a barrier to eligibility.
E.
Temporary absence from the
				state:
(1) A temporary absence from the
				state shall not be considered an interruption of residence. Temporary absence
				occurs when an individual leaves the state for a specific, time-limited
				purpose, with the intention of returning to the state.
(2) Absences related to the following
				purposes shall be considered temporary:
(a)
				short-term visits with family or friends lasting less than 30 days;
(b) out-of-state stays for medical treatment;
				or
(c) attendance at an
				out-of-state school, returning to the state during vacations.
(3)
Residency DVR training
				out-of-state:
If plans are made in conjunction with DVR for a
				recipient's participation in a training course in another state, cash
				assistance may be continued for the duration of the training course provided
				that the recipient or benefit group intends to return to New Mexico when the
				training is completed.
(4)
Illness:
If a recipient who is temporarily visiting outside New Mexico
				is unable to return to New Mexico due to illness, cash assistance may continue
				until such time as the recipient is able to return. The recipient's inability
				to return to New Mexico due to illness must be verified by a physician's
				report.
(5) A statement by a
				recipient of intent to return to the state will be accepted, provided that the
				recipient does not take action in another state to establish permanent
				residence.