207-5 Factors Indicating No Intent to Reside in Utah

Effective Date: December 5, 2017

Previous Policy

An individual's actions and actual circumstances may be a more accurate and persuasive expression of intent than the client's statement.

A. Ownership of an Exempt Home in Another State

If an individual owns a home in another state and claims that the home is exempt as his residence, or because an institutionalized individual intends to return to that home, do not accept that client's statement of intent to reside in Utah.

B. Employment in Another State

1. If an individual is employed in another state and does not make a reasonable claim that he resides in Utah even though he works out-of-state, do not accept that client's statement of intent to reside in Utah.

2. An individual on a temporary leave from a job located in another state, such as vacation break or temporary shut downs, may not be a Utah resident.

3. If the individual cannot make a reasonable claim that he maintains residency in Utah even though working in another state, the individual is not a Utah resident.

C. Temporary Visits

If an individual has come to Utah for a temporary purpose ( 207-1 ) and intends to leave within a foreseeable period of time when that temporary purpose will be accomplished, then do not accept that client's statement of intent to reside in Utah.

D. Placement by Another State

An individual placed in a Utah institution by an agency of another state is not a Utah resident. For the purposes of this section, an "institution" is an establishment that furnishes food, shelter and some treatment or services to 4 or more persons unrelated to the proprietor.

1. Placement. Placement is more than just providing information or assisting an individual in locating an institution in another state. Placement requires a state agency to have authority to act on behalf of the individual. An individual is not "placed" by a state agency if he is capable of expressing intent and independently decides to come to Utah.

2. Agency of a State. An agency of a state includes an entity recognized under the laws of that State as being under contract with that State, as well as any governmental agency of that State.

3. Reason for Placement in Utah. The State other than Utah also retains responsibility for an individual when placement is made in Utah because the other State lacks a sufficient number of appropriate facilities to provide services to its residents.

E. Receiving SSP From Another State

When a person receives a State Supplemental Payment (SSP), the state making the payment is the state of residence.

1. Choosing to Reside in Utah. A person may choose to become a Utah resident by stating that he or she intends to live in the state or entered with a job commitment or seeking employment, and by asking the Social Security Administration to transfer all State Supplemental benefits to the Utah address. (This usually means the individual must contact Social Security to submit a change of residency.) If the person chooses to transfer the State Supplemental benefits to Utah and states an intent to reside in Utah, that person may be a Utah resident even though he received an SSP from another state.

2. Retroactive Assistance. A person receiving an SSP from another state may not decide retroactively to reside in Utah. You can approve coverage in the retroactive period only if evidence shows that the person was in the state during the retroactive period with an intent to reside in Utah. Before approving coverage for the retroactive period, require the person to take immediate steps to change the SSP to Utah, if it has not been changed already.