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purpose of qualifying or attempting to qualify for FS, the SSR will send the group a notice of denial explaining the reason for and length of the disqualification. The period of disqualification will begin in the month of application. If the group is participating at the time of the discovery of the transfer, the SSR will send the recipient Form F713: Disqualification which explains the reason for and length of the disqualification. The period of disqualification is effective with the first allotment issued after the adverse notice period has expired unless the group requested a fair hearing and continued benefits.
TRUSTS 1.29 ALL A trust is a right of property created by one or more persons for the benefit of themselves or another person(s). The grantor is the person(s) who creates the trust, and the beneficiary is the person(s) for whose benefit the trust is created. The trustee is the person(s) to whom the grantor transfers the asset. The trustee has legal title to the asset and is responsible for managing the trust for the benefit of the beneficiary. The assets in the trust are the principal, which may be real property (such as a house, furniture, or land) or personal property (such as stocks, bonds, life insurance policies, or savings accounts). Divestment might result when the client (or, for MA, a client's spouse) uses his/her own assets to establish a trust in order to qualify for, remain eligible for, or increase the amount of program benefits. When a trust established by an asset group member is determined to be irrevocable, it is excluded. Irrevocable trusts and any funds in a trust or transferred to a trust are excluded from resources if they are inaccessible to the household. Excluded assets placed in a revocable trust are excluded. If an applicant placed assets, including a home, in a revocable trust, the value of the property in trust is excluded. The value of any non- excluded assets in the revocable trust is countable for the grantor. Any funds in a trust (including income produced by the trust) or funds transferred to a trust are considered unavailable if all of the following conditions apply: • the trust arrangement is not likely to end during the benefit period; • no asset group 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; o a court or an institution, corporation, or organization not under the direction or ownership of any asset group member, or o an individual appointed by the court who is restricted by the court to use the funds solely for the benefit of the beneficiary; and • 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 group member; and • the funds in the irrevocable trust are; o established from the asset group's own funds and the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational or medical