349.4 Temporary absence.
(a) Public assistance.
(1) Definition of temporary absence. For the purpose of administration of the public assistance programs, except the program of medical assistance, temporary absence shall mean any absence from the district administering the grant and/or public assistance household, during which the applicant or 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) Determination of grant during temporary absence. The social services district's decision to provide a grant during temporary absence as defined in paragraph (1) of this subdivision shall be based upon consideration of the following factors:
(i) Evidence of intent to return to the district of administration and/or public assistance household when the purposes of his or her 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 or her continuing intention to return to the district, and that he is prevented from returning to the district and/or public assistance household because of illness or other good cause. If a recipient fails to comply with this requirement, he or she shall be deemed ineligible for a continuance of his or her grant.
(ii) Continuing financial need for a grant in the same or a different amount.
(iii) Continuing contact with the recipient by the district through correspondence or through use of the services of another social services agency located within or outside the State.
(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.
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