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Page 9 of 11 § 10:71-4.11 Trusts DMAHS rejected the determination of an ALJ to the effect that a county social services board erred when it classified a $ 653 payment received monthly by a special needs trust for a disabled Medicaid applicant as "available income" for purposes of an eligibility determination. While the ALJ correctly stated what was required to remove annuity income from available income, the language of the annuity contract did not meet those requirements and thus the annuity was properly considered to be available income. N.U. v. DMAHS and Morris Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 7715-2016, 2016 N.J. AGEN LEXIS 1310, Final Administrative Determination (October 4, 2016). County social services board erred when it classified a $ 653 payment received monthly by a special needs trust for a disabled Medicaid applicant as "available income" for purposes of an eligibility determination because the applicant did not personally receive the annuity income payments, which were payable only to the trustee of the trust and were subject to the trustee's disposition. N.U. v. Morris Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 07715-16, 2016 N.J. AGEN LEXIS 710, Initial Decision (August 1, 2016). Eligibility date that was established for a Medicaid applicant was correct. Even though a Qualified Income Trust was established by her as of March 4, 2015, the QIT was not properly funded with the applicant's pension and Social Security payments until March 2016. That being so, the applicant did not qualify for Medicaid until March 2016. R.C. v. Gloucester Cnty. Div. of Social Servs., OAL DKT. NO. HMA 05451-16, 2016 N.J. AGEN LEXIS 531, Initial Decision (June 16, 2016). Medicaid applicant who was advised, in March of 2015, to establish a Qualified Income Trust (QIT) to handle her excess income but did not accomplish the same until January 2016 was not entitled to an eligibility date that was retroactive to the date of her January 2015 application because she was not income-eligible for Medicaid until the QIT was established. G.S. v. Hudson Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 20755-15, 2016 N.J. AGEN LEXIS 457, Initial Decision (June 7, 2016). Pension and disability benefits paid by a qualified pension plan that was governed by ERISA and that were deposited into a bona fide special needs trust established per 42 U.S.C.S. § 1396p(d)(4)(A) and governing state law were "available" to the disabled payee for purposes of determining her Medicaid eligibility because, as a matter of law, such payments could not be assigned to the special needs trust. That being so, such payments constituted "available income" that was countable in determining the payee's income for the purpose of eligibility for the Medically Needy Program. P.R. v. DMAHS and Hunterdon Cnty. Div. of Social Servs., OAL DKT. NO. HMA 05481- 12, 2015 N.J. AGEN LEXIS 766, Initial Decision (December 15, 2015). ALJ rejected the determination of a county social services board that an applicant was entitled to Medicaid benefit eligibility as of May 2015 and reset the eligibility date as January 2015 because the applicant applied for benefits in April 2014, the PAS occurred in 2014 and the applicant was financially eligible in November 2014. An earlier eligibility date was appropriately awarded because the board did not advise the applicant and her representatives that they were required to establish a Qualified Income Trust despite the fact that they had specifically asked about a QIT. Once they were advised that a QIT was required, they expeditiously established one. P.C. v. Middlesex Cnty. Bd. of Soc. Servs., OAL DKT. NO. HMA 11293-15, 2015 N.J. AGEN LEXIS 510, Initial Decision (November 23, 2015). Agency acted properly in adjusting the amount of income available for the purpose of determining a recipient's Medicaid eligibility based on the agency's discovery that the recipient was the beneficiary of a trust and was receiving monthly income distributions in the approximate amount of $ 350. The agency was not foreclosed from taking such action by the fact that the trust income was reflected on tax returns and bank statements because it was not disclosed on the Medical application. Gr.B. v. Warren Cnty. Bd. of Soc. Servs., OAL DKT. NO. HMA 09157- 15, 2015 N.J. AGEN LEXIS 515, Initial Decision (August 14, 2015). Assets held by a 1999 trust granted by a nursing home resident who applied for Medicaid benefits in 2013 were treated as resources of the resident that were properly considered in determining whether her resources exceeded the eligibility ceiling. The fact that the trust permitted the resident to withdraw any amount that she wished provided