203-5 Factors Indicating No Intent to Reside in Utah

Effective Date:  December 5, 2017

Previous Policy

An individual’s actions and actual circumstances may be a more accurate and persuasive expression of intent than the individual’s statement.

A.   Ownership of an Exempt Home in Another State  

If an individual owns a home in another state and claims that the home is his residence, or because an institutionalized individual intends to return to that home, do not accept that individual’s statement of intent to reside in Utah.

B.   Employment in Another State  

If an individual is employed in another state and does not make a reasonable claim that he resides in Utah even though he works out-of-state, do not accept that individual’s statement of intent to reside in Utah.  Do not accept the individual’s statement of intent to reside in Utah as long as he is on temporary leave from a job in another state. If the individual cannot make a reasonable claim that he maintains residency in Utah even though working in another state, the individual is not a Utah resident.

C.   Temporary Visit

If an individual has come to Utah for a temporary purpose and intends to leave within a foreseeable period of time, when that temporary purpose will be accomplished, then do not accept that individual’s statement of intent to reside in Utah. (See Sections 203-1 and 203-4)

D.   Placement by another State  

An individual placed in a Utah institution by an agency of another state is not a Utah resident.  For the purposes of this section, an “institution is an establishment that furnishes food, shelter, and some treatment or services to 4 or more persons unrelated to the proprietor. 

1.    Placement.  Placement is more than just providing information or assisting an individual in locating an institution in another state.  Placement requires a state agency to have authority to act on behalf of the individual.  An individual is not “placed” by a state agency if he is capable of expressing intent and independently decides to come to Utah.

2.    Agency of a State.  An agency of a state includes an entity recognized under the laws of that state as being under contract with that state, as well as any governmental agency of that state.

3.    Reason for Placement in Utah.  The state other than Utah also retains responsibility for an individual when placement is made in Utah because the other state lacks a sufficient number of appropriate facilities to provide services to its residents.

E.   People Receiving a State Supplemental Payment

When a person receives a State Supplemental Payment (SSP), the state making the payment is the state of residence.

1.    Choosing to Reside in Utah.  A person may choose to become a Utah resident by stating that he or she intends to live in the state or entered with a job commitment or seeking employment, and by asking the Social Security Administration to transfer all State Supplemental benefits to the Utah address. (This usually means the client must contact Social Security to submit a change of residency.)  If the person chooses to transfer the State Supplemental benefits to Utah and states the intent to reside in Utah, that person may be a Utah resident even though he received an SSP from another state.

2.    4-Day Grace Period (701-2) A person receiving an SSP from another state may not decide retroactively to reside in Utah.  You can approve coverage in the 4-day grace period only if evidence shows that the person was in the state during that time period with the intent to reside in Utah.  Before approving coverage for the 4-day grace period, require the person to take immediate steps to change the SSP to Utah, if it has not been changed already.