9008 Residency [7 CFR 273.3]

Individuals must live in Delaware to get food benefits from this state. Filing Applications in Local Offices Individuals will file applications for benefits at local offices based on zip codes. However, any office will accept an application and consider it filed the same day. No Duplication of Benefits An individual cannot participate as a member of more than one household in any month. There is an exception for individuals who are residents of shelters for battered women and children. Refer to DSSM 9080 for the rules for residents of shelters for battered women and children. No Durational Requirements There is no requirement for an individual to live in Delaware for any specific length of time. A fixed residence is not required. Residency rules do not require intent to reside permanently in Delaware. Migrant campsites meet the residency requirements. Non-Residents Individuals vacationing in Delaware are not considered as residents of this state. Moving Within the State When a household moves within the state, DSS will transfer the household's case file to the new office. The household's certification period continues without having to reapply. The current office will act on changes in household circumstances resulting from the move before transferring the case file to the new office. Temporary Absences Out of State Households that temporarily leave the state, maintain their Delaware residency and intend to return can continue to receive benefits. This includes, but is not limited to, households on vacation or taking care of a sick family member in another state. This does not include households that leave for military deployment or hospitalizations that will exceed 30 days. Homeless Households Homeless individual means an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is: ·A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter); ·A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized (applied to individuals released from institutions who still need supervision, not prisoners considered to be detained under a Federal or State law while in a halfway house); ·A temporary accommodation in the residence of another individual if the accommodation is for no more than 90 days. ·The 90-day period starts at application or when the household reports a change. ·The 90-day period starts over when a household moves from one residence to another. ·If a homeless household leaves, for whatever reason, and returns to the same residence, the 90-day period will start over again. ·If a household has a break in receiving food benefits, the 90-day period will not start over if the household remains in the same residence. The 90-day period will start over if the household moved to another residence. 12 DE Reg. 1326 (04/01/09)