Page 11

UNOFFICIAL 1725.1-11 (2) Payments from the trust to or for the benefit of the individual shall be considered income of the individual; and (3) Any other payments from the trust shall be considered assets disposed and subject to the provisions of subchapter 7. (e) In the case of irrevocable trusts the following apply: (1) If payments could be made to or for the benefit of the individual, the portion of the corpus from which the payment could be made is considered an available asset; (2) If payments could be made to or for the benefit of the individual, the income on the corpus from which the payment could be made is considered an available asset; (3) The payments in paragraphs (1) and (2) from the corpus or from the income on the corpus is considered income to the individual; and (4) The portion of the corpus from which no payments could be made to or on behalf of the individual is considered assets disposed and subject to the provisions of subchapter 7. [Eff 09/30/13] (Auth: HRS §346-53; 20 C.F.R. §416.1201; 42 C.F.R. §431.10; 45 C.F.R. §233.20; 42 U.S.C. §1396p) (Imp: HRS §346-29; 20 C.F.R. §416.1201; 42 C.F.R. §431.10; 45 C.F.R. §233.20; 42 U.S.C. §1396p)

§17-1725.1-19 Assets of the sponsor of a non- citizen. (a) The sponsor of a non-citizen who executed an affidavit of support pursuant to section 213A of the INA on or after December 19, 1997, shall have their assets and their spouse's assets deemed as available to a non-citizen requesting medical assistance. (b) The assets of a non-citizen's sponsor and the sponsor’s spouse shall be deemed available to the non-citizen until such time as the non-citizen: