December 1973 Eligibility Requirements

1015.010.10 Individuals not Residing in an Institution

IM-32, March 28, 2012

For individuals not living in an institution:

  • Who are 21 years of age or older and capable of declaring intent
    • The State of residence is the State where the applicant or participant is living and intends to remain permanently, or for an indefinite period of time
  • Who became incapable of declaring intent when they were 21 years of age or older
    • The State of residence is the State in which the applicant or participant currently is living.
  • Who are under 21 years of age, capable of declaring intent, and who are married
    • An applicant/participant under age 21 who is legally married is emancipated for purposes of residency.
    • The State of residence is the State where the applicant or participant is living and intends to remain permanently or for an indefinite period.
  • Who are under 21 years of age, capable of declaring intent, who are not married, and who are living apart from their parents
    • The State law where the applicant/participant physically resides determines emancipation.
  • Who became incapable of declaring intent before they were 21 years of age
    • The State of residence is the parent’s or legal guardian’s State of residence at the time of application
      • the State of residence of the individual’s parent, instead of the legal guardian’s State of residence, if there has been no termination of parental rights;
      • the State of residence of the guardian, if a legal guardian has been appointed and parental rights have been terminated;
    • In cases where there is no living parent and no appointed legal guardian, the applicant/participant’s State of residence is the State in which the applicant/participant is currently living.