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Medical Services Policy Manual, Section H

H 400 Post Eligibility

2. Income From A Trust Income from a trust will beconsidered available to each spouse as provided by the trust. In the absence of a specific provision in the trust, the income will be considered available to each spouse as according to the rules in 1. a-c above or as directed by the Office of Chief Counsel (OCC) opinion. If the IS or CS established the trust, refer to MS H- 304 for consideration of income from the trust. 3. Income Through Property With No Instrument Establishing Ownership When income is from property that has no instrument establishing ownership (for example, income-producing heir’s property), half of the income will be considered to be available to the IS and half to the CS.

H-403 Rebutting Consideration of Income MS Manual 08/29/22 The eligibility workerwill advise the applicant or representative of the income that will be considered in the gross income test of the institutionalized spouse (IS). If the IS or representative disagrees with the treatment of ownership interest in income (other than from a trust) required by MS H-402, the IS or the representative will be given the opportunity to rebut the presumptionofownership. To successfully rebut the presumptionof full or partial ownership, the IS or the representative must provide the following within thirty (30) days of the date on the Notice of Action:

1. A written, signed statement by the IS alleging ownership, the reason for the applicant’s receipt of the income, or for their name appearing as an owner on the payment of the income; 2. Corroborating signed statements from the other owner(s); 3. A change in the instrument of ownership removing the IS’s name from the instrument or a change that redirects the income to the actual owner(s); and 4. Copies of the original and revised documents reflecting the change.