N.M. Admin. Code § 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.
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