106 CMR, § 703.340 - Residence

(A) Requirements.

(1) An applicant or client must meet one of two residency requirements:

(a) the child and the relative are living in Massachusetts, with the intention of making their home in Massachusetts, but are not required to keep a permanent residence or fixed address; or

(b) the child and relative are living in Massachusetts temporarily, are not receiving assistance from another state, and the reason for entering Massachusetts was to fulfill a job commitment or look for a job.

(2) An applicant or client does not meet the residency requirements when he or she is entering and residing in Massachusetts for a temporary purpose other than fulfilling a temporary job commitment or looking for a temporary job and he or she plans to leave Massachusetts upon completion of this temporary purpose.

(3) There is a rebuttable presumption that an applicant or client does not meet the residency requirements when he or she is entering and residing in Massachusetts for the purpose of school attendance by a filing unit member.

(4) Under 106 CMR 703.340(A)(1)(a), the primary determination of residency is intent. Except as specified in 106 CMR 703.340(A)(2) or (3), the applicant or client meets the residency requirements if he or she has no present intent to leave Massachusetts, although not intending to stay in Massachusetts permanently.

(5) Under 106 CMR 703.340(A)(1)(b), the primary determination of residency is the purpose for which the relative entered Massachusetts. Except as specified in 106 CMR 703.340(A)(2), the applicant or client meets the residency requirements if he or she entered Massachusetts with a specific job commitment or to seek work with no immediate intent to leave Massachusetts at the end of the job commitment.

(B) Verifications. If verification is necessary, the method of verifying residence depends on the residency requirement the applicant or client claims to have met.

(1) If the applicant or client claims intent to make his or her home in Massachusetts, residence is verified by one or more of the following:

(a) a signed statement from a landlord specifying the rental arrangement;

(b) a deed or other proof of ownership of the property used as the home;

(c) postal service records;

(d) church or religious institution records;

(e) utility company records;

(f) voter registration records;

(g) motor vehicle license or registration; or

(h) employment records.

(2) If the applicant or client is homeless, and if documentary evidence is not available, residence is verified by one of the following:

(a) a collateral contact with a person who can verify where the applicant or client lives; or

(b) a written statement signed by the applicant or the client or by a person known to the household declaring where the household lives.

(3) If the applicant or client claims that he or she is living in Massachusetts, is not receiving assistance in another state and entered Massachusetts with a job commitment or is seeking work in Massachusetts, residence is verified by:

(a) a signed statement from the employer making the job commitment; or

(b) current documentation from a One-stop Career Center.

(4) Verification that a filing unit is no longer receiving public assistance in another state and the date of termination of such assistance must be provided when the filing unit:

(a) has moved into Massachusetts within six months before the date of application; and

(b) states that one or more of its members was receiving public assistance in another state.

If one or more members of the filing unit was receiving public assistance in another state, the earliest eligibility date in Massachusetts will be in accordance with 106 CMR 702.150: Date Assistance Begins.

Notes

106 CMR, § 703.340

Adopted by Mass Register Issue 1360, eff. 3/9/2018.