N.J. Admin. Code § 10:167-6.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:167-6.4 - Residence

(a) The statute provides that "any . . . resident of this State . . . shall be eligible for PAAD. 'Resident' means one legally domiciled within the State for a period of 30 days immediately preceding the date of application for inclusion in the program. Mere seasonal or temporary residence within the State, of whatever duration, does not constitute domicile. Absence from this State for a period of 12 months is prima facie evidence of abandonment of domicile. The burden of establishing legal domicile within the State is upon the applicant."

1. Interpretation: The term resident shall be interpreted to mean a person having his customary place of abode in New Jersey. The fact that an individual was or may have been motivated to move to New Jersey because of the availability of medical facilities does not, of itself, justify a finding that he has not established a residence in this State; however, such inquiry need not be made if an individual has been physically present in New Jersey for a period exceeding three months.

2. The applicant must be able to substantiate residence upon request by the Department and is required to submit photocopies of two documents showing evidence of current residence at the time of initial application.

3. The following are examples of sources of evidence of residence:

i. Motor vehicle records (for example, valid driver's license);

ii. Landlord's records and rent receipts;

iii. Public utility records and receipts (for example, electric bill);

iv. Personal property assessment records;

v. Records of business or professional people, such as doctors, department stores, etc.;

vi. Post office records;

vii. Records of social agencies, public or private;

viii. Employment records; and

ix. Social Security records.

4. Determination as to continued New Jersey residence of a person absent from this State shall be based upon contact with the applicant by a representative of the Department.

5. In reaching a decision as to continuing New Jersey residence of an absentee, the issue is whether the individual intends to return to New Jersey or remain indefinitely in the other jurisdiction. If a beneficiary leaves New Jersey with the intent to establish a place of abode elsewhere, he becomes ineligible under the PAAD program and must notify the Pharmaceutical Assistance to the Aged and Disabled program of the address and return the PAAD eligibility card.

N.J. Admin. Code § 10:167-6.4

Amended by R.1985 d.259, effective 5/20/1985.
See: 17 N.J.R. 367(a), 17 N.J.R. 1318(b).
Amended by R.1985 d.690, effective 1/21/1986.
See: 17 N.J.R. 2332(a), 18 N.J.R. 190(a).
Amended by R.1998 d.176, effective 4/6/1998.
See: 29 N.J.R. 5280(a), 30 N.J.R. 1314(b).
Amended by R.2009 d.16, effective 1/5/2009.
See: 40 N.J.R. 4479(a), 41 N.J.R. 221(a).