203-5  Factors Indicating No Intent to Reside in Utah

 

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

  1. 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.

  2. Employment in Another State.  If an individual is employed in another state and does not make a reasonable claim that he commutes to that job from Utah, 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.

  3. Definite Period of 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. 

  4. 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.

  1. 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. 

A person may choose to become a Utah resident by stating he or she intends to live in the state permanently and by asking the Social Security Administration to transfer all SSI benefits to the State of Utah.  If the  person chooses to transfer SSI benefits to Utah and states an intent to reside permanently in the state, that person may be a Utah resident even though they received an SSP from another state.  A person may not decide retroactively to reside within the state.