009.08(A)(v)(6)(c) PAYMENT CAN BE MADE FROM TRUST.

The following applies when payment may be made to the individual or the individual’s spouse under the terms of the trust: (1) Payments from income, or from the corpus, made to or for the benefit of the applicant or recipient or this individual’s spouse are treated as income to the individual. (2) If there are any circumstances under which payment from the trust corpus could be made to or for the benefit of the applicant or recipient, or this individual’s spouse, the portion of the corpus from which payment to or for the benefit of the applicant or recipient, or this individual’s spouse could be made must be considered a resource that is available to the individual. (3) Any portion of the corpus that could be paid to or for the benefit of the applicant or recipient, or this individual’s spouse is treated as an available resource. (4) Payments from income or from the corpus that are not made to or for the benefit of the applicant or recipient, or this individual’s spouse, are treated as transfers of assets for less than fair market value.