Department of Human Services: Chapter 2: Section 2.1 thru 2.4
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IMA POLICY MANUAL
PART IV: NON-FINANCIAL ELIGIBILITY REQUIREMENTS
 
Chapter 2: RESIDENCY
 
INTRODUCTION 2.1
 
To be eligible for program benefits, a person must be a resident of the District of Columbia. However, no durational residency requirement may be imposed.
 
A person must not be denied program benefits because s/he does not reside in a permanent dwelling or does not have a fixed mailing address.
 
 
Legal Authority 2.2
 
AREA/TOPIC DISTRICT FEDERAL
Residency
TANF: 4-205.2-4;4-205.69
 
GC: See TANF and DC Code 4-205.5a 
MA: 42 CFR 435.403
 
TANF: 42 USC 608 (a)(8);
42 USC 608 (a)(10)
 
FS: 7 CFR 273.3

DETERMINING RESIDENCY 2.3
 
MA 
A person is generally considered a resident if s/he is presently living in DC voluntarily and not for a temporary purpose and has no current intention of moving out of DC In some cases, Medicaid applicants may be considered residents when they move to DC to work or seek employment, even if this is for a temporary period. Staff should contact the policy office in reference to applicants who report they have a temporary purpose for staying in DC.
 

Temporary Non-Immigrants

 

Persons who are in this country for temporary purposes and who remain under the jurisdiction of another country, such as embassy employees and their families, are not residents of the District of Columbia. This includes children born to such employees in the US. Unless they change their immigration status or become naturalized citizens, they are not under the jurisdiction of the United States and are not residents of the District of Columbia .


TANF 
See MA.
 
GC
See MA.
 
FS
A FS applicant/recipient is considered a resident of DC if s/he is physically present in the city, and intends to remain in the city permanently, temporarily or indefinitely for any purpose other than vacation. Students who return home during school breaks and elderly individuals who spend a portion of the year with friends or relatives are not considered vacationers; these individuals are considered residents for the time they spend in DC. Persons who are working in DC or seeking employment and students who are here attending school are considered residents while here. The fact that a group may be living in informal arrangements, such as camping or in a vehicle, does not affect resident status.
 

INSTITUTIONALIZED PERSONS 2.4
 
MA 
A person is a resident of DC if a DC agency (that is, Social Services, juvenile court, and so on) places the person in an institution located in another state. Generally, a person is not a resident of DC if another state's agency places the person in an institution in DC However, Title IV-E foster children, children who receive adoption subsidies under IV-E, and other foster children and adoptive foster homes are in DC are residents of DC. Adopted and foster children receiving IV-E assistance from DC but who live outside DC are not residents of DC for purposes of MA eligibility. Such children receive MA from the state where they are physically located.
 
With the exception of a person who is in an out-of-state placement and one who is under age 21 and unmarried, the residency status of an institutionalized person is dependent on a determination of his/her capability to indicate intent. A person is considered to be capable of indicating intent unless evidence establishes that s/he is incapable.
 
When it is verified that a person meets any one of the following criteria, s/he is considered to be incapable of indicating intent:
  • has an IQ less than 50,
  • has a mental age of less than eight,
  • is judged incompetent by a court,
  • is in a psychiatric facility by order of a court, or
  • the MRT based on medical evidence has determined s/he is incapable.
For an institutionalized person who became incapable of indicating intent before age 21 or is under age 18 and unmarried, the state of residence is DC if:
  • The person is institutionalized in DC and:

    • s/he was abandoned by his/her parents, s/he does not have a court-appointed legal guardian, and the person who completed the most recent application for the person lives in DC;
    • the parental rights of the person's parents have been terminated, the court has appointed a legal guardian for the person, and the legal guardian lives in DC; or
    • one of his/her legal parents lives in DC; or

  • at the time s/he was institutionalized:

    • the parental rights of the person's parents were terminated and the person had a court-appointed legal guardian who lived in DC; or
    • one of the person's legal parents lived in DC.
An institutionalized person who became incapable at or after age 21 is a resident of DC if s/he is physically present in DC and the placement was not made by an out-of-state agency.
 
An institutionalized but capable person who is at least age 18 or married is a resident of DC when s/he is living in DC and intends to remain permanently or for an indefinite period.
 
TANF 
N/A
 
GC
N/A
 
FS
Individuals shall be considered residents of an institution when the institution provides them with the majority (over 50 percent of three meals daily) of their meals as part of the institution’s normal services.  Residents of an institution are considered residents of the state in which the institution is located.
 
Persons in certain living situations are exempt from this limitation. The following persons can receive Food Stamps even if they are provided most of their meals by the institution:
  • Residents of private or public shelters for the homeless;
  • Residents of federally-subsidized housing for the elderly;
  • Residents of a facility or treatment center that is providing them regular treatment or rehabilitation for alcohol or drug addiction;
    • This includes children who are living with a person receiving treatment in a drug or alcohol facility but it does not include the spouse of a person receiving drug or alcohol treatment;
  • Persons who are disabled or blind and are residents in a group living facility; and
  • Women or women and their children who are temporarily living in a shelter for battered women and children.