Temporary Absence

(A) Requirements. Temporary absences from Massachusetts, with returns to Massachusetts, or intent to return when the purpose of the absence may have been accomplished, do not interrupt continuity of residence. Temporary absences include reasons such as health, business, school, or family commitments. An absence of more than 30 calendar days or 90 days in aggregate over the course of a calendar year shall creates a rebuttable presumption that Massachusetts residency has been abandoned and eligibility for assistance has ended. The client may disprove this presumption as follows: (1) Notifying the Department before the start of the absence, or during the first 30 calendar days of the absence, that it will be more than 30 calendar days. In addition, verification of intent to retain residency must also be provided. Evidence to prove intent to retain residency may include any of the documents listed in 106 CMR 706.400(C)(1)(b); or (2) A Fair Hearing officer finds that there was a need for the absence to last more than 30 consecutive calendar days or 90 days in aggregate over the course of a calendar year and that Massachusetts residency has not been abandoned. If a client is unable to appear at the Fair Hearing for medical reasons, he or she must provide a signed and dated statement from a competent medical authority (see 106 CMR 701.600: Definition of Terms) verifying the client cannot, for medical reasons, return to Massachusetts. The client must also provide written testimony verifying the need for the absence to exceed 30 consecutive calendar days or 90 days in aggregate over the course of a calendar year and of his or her intent to retain Massachusetts residency. (B) Absence in Excess of 30 Days. If a client is absent for more than 30 calendar days, and continues to receive assistance, the worker shall notify the appropriate state agency in the state where the client is temporarily residing. The notice shall include: the client’s name, Social Security Number, previous Massachusetts address, current address, if known, and anticipated length of the absence. (C) Verification. The temporary nature of an absence must be verified. Proof of the temporary nature of the absence may include, but is not limited to, medical documentation, a short-term business contract or school documents. Evidence to substantiate intent to retain residency includes any of the documents listed in 106 CMR 706.400(C)(1)(b).