16 Del. Admin. Code § 8000-8014 - Residency Requirements

Applicants must reside in Delaware to be eligible for benefits. Persons including the homeless (those with no fixed address or not living in a permanent dwelling) who currently live in Delaware and plan to stay, regardless of the length of time they have been here, meet the residency requirement. Verification of residence is required at the time of application, at each subsequent redetermination, and any time an address change is reported.

Persons who reside in Delaware but because of local mailing practices have an out- of- state address are considered residents.

Examples of acceptable verification of residence are a landlord statement, a lease, a utility bill, or a collateral statement.

Do not impose requirements as to duration of residence as a condition of participation in the Refugee Resettlement Program for the provision of assistance of services.

8014.1 Assistance From Another State

Before an application for public assistance can be approved, DSS must verify that an applicant who moved to Delaware within three (3) months of the application filing date is not a recipient of assistance in the state where he/she previously resided. The eligibility worker will contact the public assistance agency in that state to verify the client's status with the agency. The client's written notice that benefits have ended is also acceptable verification.

8014.2 Mailing Address

Public assistance checks must be mailed to the residence of the recipient, protective, or voluntary payee unless the recipient:

·	Lives in an area where home delivery is not available or customary and the situation is verified. These recipients may have their public assistance checks mailed to their own post office box.

OR

·

Lives in an area where theft of benefits is prevalent and the theft is documented in the case record by reports to the police or the postal inspector. These recipients may have their public assistance checks mailed to their own post office box or the local DSS office. If a local DSS office is used, the recipient must take steps to obtain their own post office box.

OR

·	Is homeless. These recipients may have their public assistance checks mailed to the local DSS office.

8014.3 Temporary Visits Out of State

Recipients do not lose their residence status because of a temporary visit out of state provided that the visit does not exceed thirty (30) days and the recipients:

1. Intend to return to the State, and

2. Continue to maintain a home in the State.

The assistance case of a recipient who leaves the State with the intent to establish residence in another state must be closed. The recipient may receive one grant payment after leaving the State if he/she is ineligible in the new state until residency is established. No further payments can be made to a client living out of state without the written approval of the DSS Director. To obtain approval, a memo listing the reasons that the grant should continue is sent to the Director.

8014.4 Temporary Absence of a Child

A child who is temporarily absent from the home to receive medical care, or to attend school elsewhere because of special educational needs, such as enrollment in the Job Corps or Sterck School For the Deaf, may receive assistance if the following conditions exist:

1. The caretaker with whom the child is living continues to have responsibility for the child's care, and

2. The caretaker continues to maintain a home for the child; and

3. The caretaker plans for the child to return to the home at the end of the absence.

The nature and anticipated length of the absence is documented in the case record.

Children absent from the home for any other reasons longer than one hundred twenty (120) days may not continue to receive assistance.

Note: A child who is absent from the home as the result of a court action is not considered temporarily absent. In such cases the assistance for the child is terminated.

8014.5 Absence of an Adult to Receive Medical Care

An adult who is temporarily absent from the home to receive medical care can receive cash assistance for a period not to exceed 90 days provided that:

1. The adult continues to maintain a home and be responsible for the children for whom assistance is received; and

2. The adult has arranged for a responsible adult to care for any children during the absence; and

3. The adult plans to return to the home at the end of the absence; and

4. The adult continues to meet all other technical and financial eligibility requirements of the category of assistance that he/she receives.

The nature of the adult's health problem and the anticipated length of the absence must be verified by a physician. If the absence continues for more than 90 days, the assistance case must be closed. The adult caring for the children in the assistance unit at the time of the closing may apply for assistance for the children if they are still in need.

8014.6 Other Absences of an Adult

In active cases, an adult who is temporarily absent from the home for reasons other than to receive medical care (e.g., to handle a family emergency or seek employment) may continue to receive assistance for a period not to exceed thirty (30) days if the conditions listed in DSSM 3023.4 are met.

The nature and anticipated length of the absence must be documented in the case record. If the absence continues for more than thirty (30) days, the assistance case must be closed. The adult caring for the children in the assistance unit at the time of the closing may apply for assistance for the children if they are still in need.

8014.7 Grants for Institutionalized Clients

No grant payment may be authorized or continued for an institutionalized individual. Examples of institutions include veterans' institutions, state mental institutions, hospitals for tuberculosis and prisons.

Notes

16 Del. Admin. Code § 8000-8014