009.08(A)(v)(6)(b) TRUSTS ESTABLISHED ON OR AFTER AUGUST 11, 1993.

In accordance with Sections 1917 (c) and (d) of the Social Security Act, the following regulations apply to all trusts created on or after August 11, 1993: (i) These regulations apply to any recipient who establishes a trust, who is a beneficiary of a trust, and who is an applicant or recipient of the Aged, Blind, or Disabled, or State Disability Program. An individual is considered to have established a trust if their assets or assets of a spouse were used to form a part or the entire corpus of the trust other than by will. These include trusts established by: (1) The individual; (2) The individual’s spouse; (3) A person, including a court or administrative body, with legal authority to act in place of or on behalf of the individual or the individual’s spouse; or (4) A person, including any court or administrative body, acting at the direction or upon the request of the individual or the individual’s spouse. (ii) Where a trust includes the assets of another person, as well as the assets of the applicant or recipient, or this individual’s spouse, the rules in this section apply only to the portion of the trust attributable to the assets of the applicant or recipient and this individual’s spouse.