1. (a) For purposes of determining the assistance group for parent caretaker relative medical assistance, "dwelling" means:

   1. (1) An individual's principal residence or place of abode;
   2. (2) The family setting maintained or in the process of being established as a home, as evidenced by assumption, continuation, and exercise of responsibility for day-to-day care and control of the child by the relative with whom the child is living; and
   3. (3) A living unit as defined in (1) and (2) above with no more than one postal address.
2. (b) If the dwelling has a separate living unit attached to it with a separate postal address, this living unit shall not be considered part of the same dwelling.
3. (c) The department shall consider a child to be living with a specified relative as defined in RSA 167:78,XXIII when the child lives in the same dwelling as defined in (a) above as the specified relative unless the conditions in (e) apply.
4. (d) The department shall consider the specified relative in (c) above to be the casehead for the assistance group.
5. (e) If a child lives in the same dwelling as both the child's parent and a non-parent specified relative, the department shall consider the child to be living with the parent.
6. (f) The department shall consider the parent in (e) above to be the casehead in the assistance group unless the conditions in (g) below apply.

7. (g) If the non-parent specified relative in (e) above is the legal guardian of the child pursuant to RSA 169-C:3,XIV, the department shall:

   1. (1) Consider the non-parent specified relative to be the casehead in the assistance group; and
   2. (2) Consider the parent to be a member of the assistance group pursuant to RSA 167:79,II and He-W 601.01(u).

Source. #13415, eff 7-26-22