(A)
Requirements. Temporary absences from Massachusetts,
with returns to Massachusetts, or intent to return when the purpose of the
absence may have been accomplished, do not interrupt continuity of residence.
Temporary absences include reasons such as health, business, school, or family
commitments.
An absence of more than 30 calendar days or 90 days in
aggregate over the course of a calendar year shall creates a rebuttable
presumption that Massachusetts residency has been abandoned and eligibility for
assistance has ended. The client may disprove this presumption as
follows:
(1) Notifying the Department
before the start of the absence, or during the first 30 calendar days of the
absence, that it will be more than 30 calendar days. In addition, verification
of intent to retain residency must also be provided. Evidence to prove intent
to retain residency may include any of the documents listed in
106 CMR
706.400(C)(1)(b);
or
(2) A Fair Hearing officer finds
that there was a need for the absence to last more than 30 consecutive calendar
days or 90 days in aggregate over the course of a calendar year and that
Massachusetts residency has not been abandoned.
If a client is unable to appear at the Fair Hearing for medical
reasons, he or she must provide a signed and dated statement from a competent
medical authority (see
106 CMR
701.600: Definition of
Terms) verifying the client cannot, for medical reasons, return to
Massachusetts. The client must also provide written testimony verifying the
need for the absence to exceed 30 consecutive calendar days or 90 days in
aggregate over the course of a calendar year and of his or her intent to retain
Massachusetts residency.
(B)
Absence in Excess of 30
Days. If a client is absent for more than 30 calendar days, and
continues to receive assistance, the worker shall notify the appropriate state
agency in the state where the client is temporarily residing. The notice shall
include: the client's name, Social Security Number, previous Massachusetts
address, current address, if known, and anticipated length of the
absence.
(C)
Verification. The temporary nature of an absence must
be verified. Proof of the temporary nature of the absence may include, but is
not limited to, medical documentation, a short-term business contract or school
documents. Evidence to substantiate intent to retain residency includes any of
the documents listed in
106 CMR
706.400(C)(1)(b).
