477 Neb. Admin. Code, ch. 6, § 003

Current through September 17, 2024

Section 477-6-003 - NON-INSTITUTIONALIZED APPLICANTS/CLIENTS

003.01Age 21 and Over: For applicants/clients who are not residing in an institution and who are not capable of indicating intent, the state of residence is the state where the applicant/client is living.

003.02 If an applicant/client is under age twenty-one (21), not emancipated or married, and not Title IV-E eligible, the state of residence is the state where the individual resides, including.

1. With or without a fixed address; or

2. The state of residency of the parent or caretaker.

003.03Any Age

6-003.03A For an individual who is capable of indicating intent and who is emancipated or married, the state of residence is the state where the individual is living, and

1. Intends to reside, including without a fixed address; or

2. Has entered with a job commitment or seeking employment, whether or not currently employed.

003.04Incapable of Indicating Intent: An applicant/client who is not institutionalized and is incapable of indicating intent is considered a resident of the state in which the individual is living if one of the following is met:

1. His/her I.Q. is 49 or less or s/he has a mental age of seven (7) or less, based on tests acceptable to the developmental disability agency in the state;

2. S/he is judged legally incompetent; or

3. Medical documentation obtained from a physician, psychologist, or other person licensed by the state in the field of developmental disability, or other documentation acceptable to the state, supports a finding that s/he is incapable of indicating intent.

003.05Applicants/Clients Receiving a State Supplementary Payment (SSP): For any applicant/client who is receiving an SSP, the state paying the SSP is the state of residence.

003.06Applicants/Clients Receiving Title IV-E Payments: For applicants/clients of any age who are receiving federal payments for foster care and/or adoption assistance under Title IV-E of the Social Security Act, as amended, the state of residence is the state where the applicant/client lives.

477 Neb. Admin. Code, ch. 6, § 003