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ESA SNAP Policy Manual 281 Asset Type TANF, GC, RCA SNAP ABD Medicaid and IDA maintenance or the trust meets one of the exceptions. If there are any circumstances under which payment could be made to or for the benefit of the individual, the relevant principal amount from the irrevocable trust is counted as a resource. Payments made from the trust for the benefit of the individual are counted as income. Funds in a trust or transferred to a trust are considered unavailable for other public assistance programs if all of the following conditions apply:  The trust arrangement is not likely to end during the benefit period.  No household member has the power to revoke the trust or change the name of the beneficiary during the benefit period.  The trustee administering the funds is either of the following: − A court or an institution, corporation or organization not under the direction or ownership of any household member − An individual appointed by the court who is restricted by the court to use the funds solely for the benefit of the beneficiary  Investments made on behalf of the trust do not directly involve or benefit any business or corporation under the control or direction of an asset household member.  The funds in the irrevocable trust are either of the following: − Established from the asset group’s own funds, and the trustee uses the funds solely to make investments on behalf of the trust or pay the educational or medical expenses of the beneficiary. − Established from funds of an individual who is not a member of the household.  If a determination can be made that assets in a trust are totally available, the trust is a countable asset. If a determination of availability cannot be made by examining the trust documents or talking with the trustee, proceed as follows: − If the trust is administered by Probate Court, the household must petition the court to make the trust available. The court decides availability. − If Probate Court does not administer the trust, refer the trust to the Office of the General Counsel to advise on availability. Underwood vs. Harris (HUD reimbursements) Exclude retroactive tax and utility cost subsidy payments issued by the Department of Housing and Urban Development as a result of Underwood vs. Harris in the month received and the following month. Return