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Page 5 of 5 § 10:71-4.2 Countable resources applicant could obtain rental income from a life estate or that such theoretical rental income must be or could be counted as "available income" within the meaning of N.J.A.C. 10:71-5.1(b)1. Given that such an interpretation of existing rules would have a significant impact upon the public at large and given the need for uniformity throughout the state, the status of such theoretical rental income was properly the subject of formal rule-making in compliance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. H.S. v. DMAHS and Atlantic Cty. Bd. of Soc. Servs., OAL Dkt. NO. HMA 10450-12, 2013 N.J. AGEN LEXIS 12, Initial Decision (January 23, 2013). Initial Decision (2005 N.J. AGEN LEXIS 669) adopted, which concluded that a July 7, 1993 irrevocable trust, which had entitled the Medicaid applicant to payments at the discretion of the trustee and terminated that discretion upon the applicant becoming a nursing home resident, had to be counted as an available resource notwithstanding that the trust was a pre-August 11, 1993 trust. L.C. v. DMAHS, OAL Dkt. No. HMA 3857-05, 2005 N.J. AGEN LEXIS 1475, Final Decision (December 7, 2005). Research References & Practice Aids LAW REVIEW AND JOURNAL COMMENTARIES: Protecting the Home in Government Benefits Planning. Gary Mazart. 164 N.J.Law. 34(Mag.) (Oct. 1994). NEW JERSEY ADMINISTRATIVE CODE Copyright © 2025 by the New Jersey Office of Administrative Law End of Document