(a) Any resident of the territory 60 years of age, or over and any disabled person who is a resident of the territory regardless of age whose household income meets the Federal Housing and Urban Development (HUD) low-income guidelines for the Virgin Islands as published annually by HUD or $30,000, whichever is higher in the 12 months preceding the date of filing an application under section 43 is eligible to be certified to participate in the Program, if other requirements of this chapter have been met. The Department may pursuant to regulations promulgated under section 49, award benefits of the Program to those persons earning up to 200% of the established HUD low income levels and whose medical expenses equal or exceed 15% of their adjusted Gross Income.
(b) For the purposes of this section, the term “resident” means one legally domiciled within the Territory for a period of 30 days immediately preceding the date of application for inclusion in the Program. Mere seasonal or temporary residence within the Territory, of whatever duration, does not constitute domicile. The burden of establishing legal domicile within the Territory is upon the applicant.