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consideration as a resource by other federal laws. Non-recurring means this payment is not expected to be received as a lump sum again. It is a one-time only payment.
At the time it is anticipated or known that a certain lump sum payment will be received more than once it is considered recurring and counted as income to the AG (see Section 2880.05.00).
If a reported lump sum added to existing resources exceeds the allowable resource limit, the AG should be given an opportunity to provide updated verification of current resources. If the AG declines to do so, or the amount of resources still exceeds the limit, assistance will be discontinued.
At application point, eligibility for the budget month, is determined based on resources owned on the date of the interview. 2615.75.00 TRUST FUNDS
All trusts which involve a member of the AG must be carefully evaluated to determine whether the trust principal will be counted as a resource. 2615.75.05 TRUST FUNDS (S)
Any funds in a trust (or transferred to a trust), the income produced by that trust will be considered inaccessible to the AG if all four of the following criteria apply: • The trust arrangement is not likely to cease during the certification period, and no AG member has the power to revoke the trust arrangement or change the name of the beneficiary during the certification period. • The trustee administering the funds is either: o a court, or an institution, corporation, or organization which is not under the direction or ownership of any AG member; or o an individual appointed by the court who has court-imposed limitations placed on his use of the funds. • Trust investments made on behalf of the trust do not directly involve or assist any business or corporation under the control, direction, or influence of an AG member. • The funds held in irrevocable trust are either: o established from the AG's own funds, if the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational; or o medical expense of any person named by the AG creating the trust; or o established from non-AG funds by a non-AG member. 2615.75.10 TRUST FUNDS (C)
Trust funds are normally considered available if the recipient is the creator (settlor) of a revocable trust. Questions regarding the availability of trust funds are to be referred to the DFR attorney for a decision.