BASIC (04-90)

SI 01210.400 Special Blind Income Provisions - Effect of Interstate Move

A. Policy

1. Loss of alternative provision

A recipient loses the right to use the alternative income counting provision if he or she ceases to be a resident of the State that provided assistance in December 1973.

2. Permanent loss

Once a recipient loses the right to use the alternative provision per 1. above, he or she can never regain it in any State.

3. First day residency determination

The recipient's residency on the first day of a month establishes the State of residency for the entire calendar month. A change in residency after the first day does not affect the recipient's status for that month.

4. Cessation of residency

A recipient ceases to be a resident of the State when he or she leaves the State with the intention of abandoning his or her residence there.

Absent evidence to the contrary, we assume that an absence from the State lasting more than 90 calendar days signifies a change in residency. (But see the EXCEPTION in 5. below.)

5. Temporary absence

A temporary absence, for purposes of this subchapter, occurs when a recipient leaves the State without the intention of abandoning his or her residency there.

Absent evidence to the contrary, we assume that an absence from the State lasting 90 or fewer calendar days is a temporary absence.

EXCEPTION: The 90-day limit for temporary absences does not apply to an absence from the State to reside in an institution. Absent evidence to the contrary, we assume that an absence to reside in an institution is temporary, regardless of its duration. (SI 00520.010 defines institution. SI 00520.001B.5. defines resident of an institution.)

B. Procedure

For purposes of this section, do not develop whether the recipient intends to abandon his or her residence. Instead, apply the assumptions in A.4. and 5. above. However, if the recipient volunteers information about intent or you are developing the issue for another reason, use the evidence obtained to determine whether the recipient has lost the right to use the alternative provision.

Assume that a change of address to an out-of-State institution is a temporary absence, unless you receive evidence to the contrary.

If the recipient's move is not to an institution, develop the report according to the chart below.

IF the recipient reports the move...THEN ...
  before leaving the State
      or
within 90 days after leaving
document the file obtain recipient’s statement signed or recorded on a DROC as to whether he or she expects to be gone from the first State for more than 90 days.
 
If YES, terminate type K income. BCI no longer applies effective with the month after the month the recipient leaves the State.
 
If NO, diary the casefor the 91st day after leaving the State, and recontact the recipient. If the recipient has not returned within the 90-day period, terminate type K income as above.
   more than 90 days after leavingterminate type K income as above.

C. Reference

Interstate Move and State Supplementation, SI 01410.010


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501210400
SI 01210.400 - Special Blind Income Provisions - Effect of Interstate Move - 01/30/2013
Batch run: 01/30/2013<