Page 110

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.