WAC 388-468-0005

Effective November 1, 2011

WAC 388-468-0005 Residency

 Subsections 1 through 4 applies to cash, the basic food program, and medical programs.  

  1. A resident is a person who:

a.    Currently lives in Washington and intends to continue living here permanently or for an indefinite period of time; or

b.    Entered the state looking for a job; or

c.    Entered the state with a job commitment.

  1. A person does not need to live in the state for a specific period of time to be considered a resident.
  2. A child under age eighteen is a resident of the state where the child's primary custodian lives.
  3. With the exception of subsection 5 of this section, a client can temporarily be out of the state for more than one month. If so, the client must supply the department with adequate information to demonstrate the intent to continue to reside in the state of Washington.
  4. Basic food program assistance units who are not categorically eligible do not meet residency requirements if they stay out of the state more than one calendar month.
  5. A client may not receive comparable benefits from another state for the cash and basic food programs.
  6. A former resident of the state can apply for the ABD cash program while living in another state if:
    1. The person:

                                      i.        Plans to return to this state;

                                    ii.        Intends to maintain a residence in this state; and

                                   iii.        Lives in the United States at the time of the application.

b.       In addition to the conditions in subsection 7 a, i, ii,, and iii being met, the absence must be:

                                      i.        Enforced and beyond the person's control; or

                                    ii.        Essential to the person's welfare and is due to physical or social needs.

c.          See WAC 388-406-0035, WAC 388-406-0040, and WAC 388-406-0045 for time limits on processing applications.

  1. Residency is not a requirement for detoxification services.
  2. A person is not a resident when the person enters Washington state only for medical care. This person is not eligible for any medical program. The only exception is described in subsection 10 of this section.
  3. It is not necessary for a person moving from another state directly to a nursing facility in Washington state to establish residency before entering the facility. The person is considered a resident if they intend to remain permanently or for an indefinite period unless placed in the nursing facility by another state.
  4. For purposes of medical programs, a client's residence is the state:

a.    Paying a state Supplemental Security Income (SSI) payment; or

b.    Paying federal payments for foster or adoption assistance; or

c.    Where the noninstitutionalized individual lives when Medicaid eligibility is based on blindness or disability; or

d.    Where the parent or legal guardian, if appointed, for an institutionalized:

                                      i.        Minor child; or

                                    ii.        Client twenty-one years of age or older, who became incapable of determining residential intent before reaching age twenty-one.

e.       Where a client is residing if the person becomes incapable of determining residential intent after reaching twenty-one years of age; or

f.         Making a placement in an out-of-state institution; or

g.       For any other institutionalized individual, the state of residence is the state where the individual is living with the intent to remain there permanently or for an indefinite period.

  1. In a dispute between states as to which is a person's state of residence, the state of residence is the state in which the person is physically located.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.