Title: Section 349.4 - Temporary absence.

349.4 Temporary absence. (Additional statutory authority: Social Services Law, Sections 20, 34, 320; L. 1971, ch. 110, Section 83) (a) Federally aided programs other than MA.

(1) Definition of temporary absence. For the purpose of administration of the federally aided programs, except the program of medical assistance, temporary absence shall mean any absence from the district administering the grant, during which the recipient:

(i) does not leave the United States;

(ii) does not evidence intent to establish residence elsewhere; and

(iii) complies with this subdivision and other provisions of this Title.

(2) Continuation of grant during temporary absence. The social services district's decision to continue a grant during temporary absence as defined in paragraph (1) of this subdivision shall be based upon consideration of the following factors:

(i) General requirements. (a) Evidence of intent to return to the district of administration when the purposes of his absence have been accomplished. If such temporary absence extends beyond a six-month period, the absent person shall submit affirmative evidence satisfactory to the district of administration of his continuing intention to return to the district, and that he is prevented from returning to the district because of illness or other good cause. If a recipient fails to comply with this requirement, he shall be deemed ineligible for a continuance of his grant.

(b) Continuing financial need for a grant in the same or a different amount.

(c) Continuing contact with the recipient by the district through correspondence or through use of the services of another social services agency located within or without the State.

(ii) Additional requirements. In addition to subparagraph (i) of this paragraph, the social services district shall consider the following factors when making a determination to continue a grant in the Aid to Dependent Children program. Evidence that the status of the parents has not changed so as to constitute ineligibility, that the child or minor continues to live with the parent or other specified relative, and that the welfare of the child or minor continues to be safeguarded, shall be obtained. Reconsideration of the welfare of the child or minor shall be made within 30 days of the date the agency is informed of the temporary absence, and thereafter at least once in three months.

(3) Nothing in this subdivision shall limit the continuing responsibility of a social services district for payment of costs of care provided in another social services district in New York State.

(b) Medical assistance. An individual who dwells in the State and who intends to continue to dwell in the State shall be deemed to be a resident of the State without regard to his length of residence therein. At the time an individual incurs the need for medical care, he shall be deemed to be temporarily absent, within or without the State, from the public welfare district in which he dwells if, prior to such absence, he was affirmatively dwelling in such public welfare district, has evidenced intent to return there and there is lack of affirmative evidence of his intent to establish permanent residence elsewhere.