N.M. Admin. Code § 8.106.410.11

Current through Register Vol. 35, No. 20, October 22, 2024
Section 8.106.410.11 - RESIDENCY
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.
F. Residency abandonment: Residence shall be considered to have been abandoned when an individual:
(1) leaves the state and indicates that he intends to establish residence in the other state; or
(2) leaves the state for no specific purpose and with no clear intention to return; or
(3) leaves the state and applies for food, financial or medical assistance from another state; or
(4) has been absent from the state for a period of 30 days or more and has not notified the department of the absence or of an intention to return.
G. Residence of children: A dependent child shall be considered to be a resident of the same state as the caretaker adult with whom the child is living.

N.M. Admin. Code § 8.106.410.11

8.106.410.11 NMAC - Rp, 8.106.410.11 NMAC, 12/1/2009