003.05(A)(vi)(2)(e) AVAILABILITY.

Consistent with this chapter and Section 1917(d) of the Social Security Act, and supplementing and not impairing the applicability of any additional requirement contained within this subsection, a trust, or any relevant portion, is considered an available resource if: (i) The trust was funded with the assets of the applicant or client or the spouse of the applicant or client and there is any circumstance, no matter how remote, in which distribution can be made from the trust to the applicant or client, unless and to the extent an exception contained within this chapter applies; (ii) The applicant or client or the spouse of the applicant or client is both a trustee and a beneficiary of the trust; (iii) The terms of the trust require a distribution to the applicant or client or the spouse of the applicant or client; (iv) The applicant or client or the spouse of the applicant or client, as a matter of general trust administration or interpretation, can compel distribution from the trust; (v) The applicant or client or the spouse of the applicant or client has the ability to receive loans or payments from the trust based on a current or future right to trust distributions; (vi) The applicant or client or the spouse of the applicant or client can modify, terminate, or revoke the trust and receive trust assets; (vii) Regardless of the terms of the trust, the trustee has made trust assets available to the applicant or client or the spouse of the applicant or client; or, (viii) The Supplemental Security Income program has determined the trust is an available resource for the applicant or client or the spouse of the applicant or client.