Iowa Admin. Code r. 441-75.53 - Recovery
Notwithstanding the provisions of rule 441-75.10 (249A), the following rules shall apply when determining eligibility for persons under FMAP or FMAP-related coverage groups.
(1)
Definition of resident.
A resident of Iowa is one:
a. Who is living
in Iowa voluntarily with the intention of making that person's home there and
not for a temporary purpose. A child is a resident of Iowa when living there on
other than a temporary basis. Residence may not depend upon the reason for
which the individual entered the state, except insofar as it may bear upon
whether the individual is there voluntarily or for a temporary purpose;
or
b. Who, at the time of
application, is living in Iowa, is not receiving assistance from another state,
and entered Iowa with a job commitment or seeking employment in Iowa, whether
or not currently employed. Under this definition the child is a resident of the
state in which the specified relative is a resident.
(2)
Retention of residence.
Residence is retained until abandoned. Temporary absence from Iowa, with
subsequent returns to Iowa, or intent to return when the purposes of the
absence have been accomplished does not interrupt continuity of
residence.
(3)
Suitability
of home. The home shall be deemed suitable until the court has ruled
it unsuitable and, as a result of such action, the child has been removed from
the home.
(4)
Absence from
the home.
a. An individual who is
absent from the home shall not be included in the eligible group, except as
described in paragraph"b."
(1) A parent who is a convicted offender but
is permitted to live at home while serving a court-imposed sentence by
performing unpaid public work or unpaid community service during the workday is
considered absent from the home.
(2) A parent whose absence from the home is
due solely to a pattern of employment is not considered to be absent.
(3) A parent whose absence is occasioned
solely by reason of the performance of active duty in the uniformed services of
the United States is considered absent from the home. "Uniformed service" means
the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic
and Atmospheric Administration, or Public Health Service of the United
States.
b. The needs of
an individual who is temporarily out of the home are included in the eligible
group if otherwise eligible. A temporary absence exists in the following
circumstances:
(1) An individual is
anticipated to be in the medical institution for less than a year, as verified
by a physician's statement. Failure to return within one year from the date of
entry into the medical institution will result in the individual's needs being
removed from the eligible group.
(2) A child is out of the home to secure
education or training as defined in paragraph 75.54(1)"b" as
long as the child remains a dependent.
(3) A parent or specified relative is
temporarily out of the home to secure education or training and was in the
eligible group before leaving the home to secure education or training. For
this purpose, "education or training" means any academic or vocational training
program that prepares a person for a specific professional or vocational area
of employment.
(4) An individual is
out of the home for reasons other than reasons in subparagraphs
75.53(4)"b"(1) through (3) and intends to return to the home
within three months. Failure to return within three months from the date the
individual left the home will result in the individual's needs being removed
from the eligible group.
Notes
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