(1) A claimant who is determined to be ineligible for benefits under 39-51-2111 , MCA, by reason of remaining in, or returning to, an abusive situation, will be disqualified under 39-51-2302 , MCA.

(2) A claimant may re-qualify for benefits under 39-51-2302 (3) , MCA, by immediately and permanently leaving the abusive situation. The department may accept information from the claimant or other agencies, such as law enforcement or domestic violence shelters, documenting that the claimant has left the abusive situation. Documentation may include any of the following:

(a) a statement by the claimant that they have ended the relationship and the furnishing of a new mailing address and the date of the move;

(b) documentation from a law enforcement agency that the abusive individual is incarcerated;

(c) documentation from a domestic violence shelter indicating the claimant has been granted residence at the shelter; or

(d) other evidence, subject to verification by the department, establishing that the claimant has left the abusive situation.