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Page 10 of 11 § 10:71-4.11 Trusts that she replaced those assets within 24 hours rendered the trust assets "available" to the resident even if the condition on the withdrawal - which was that the assets be replaced within 24 hours - could not be satisfied. Because that provision created a "circumstance" under which the resident could access trust assets, the trust corpus was an available resource for purposes of Medicaid eligibility. L.L. v. Ocean Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 3611-14, 2015 N.J. AGEN LEXIS 393, Initial Decision (July 22, 2015). Though the documents establishing a special needs trust for a disabled adult satisfied all regulatory requirements, the funds held there were properly considered assets of the beneficiary for the purposes of the application of the rules governing eligibility for Social Security and Medicaid benefits because the trust assets were actually utilized for a whole variety of purposes that were beyond the narrow confines of federal and state law such that it no longer qualified as a special-needs trust. The evidence established that at least $ 8,000 of the original $ 60,329.44 deposited had been given to relatives of the beneficiary for one purpose or another. Leaving aside many other expenditures that arguably yielded some benefit to others besides the beneficiary, this meant that at least 13% of the funds had been used in a way that benefited family members. Since the trust thus was not used for the sole benefit of the beneficiary, it no longer qualified as a special needs trust, and the Division of Medical Assistance and Health Services properly considered those assets in determining that the beneficiary's assets exceeded the statutory limit. D.C. v. DMAHS, OAL DKT. NO. HMA 10265-14, 2015 N.J. AGEN LEXIS 111, Initial Decision (February 20, 2015). Decision of the Division of Medical Assistance and Health Services to deny an applicant's eligibility for Medicaid was appropriate under N.J.A.C. 10:70-5.1. The income and corpus of a family trust was not specifically excludable for purposes of determining Medicaid eligibility and must be treated as countable assets for the purpose of determining Medicaid eligibility under N.J.A.C. 10:71-4.11(e)2i. As such, the applicant's countable income exceeded the resource limit of $ 4,000 for the Medically Needy program. K.L. v. Div. of Medical Assistance and Health Serv. and Gloucester County Bd. of Social Serv., OAL DKT. NO. HMA 11454-2014, 2015 N.J. AGEN LEXIS 37, Initial Decision (January 13, 2015). Camden County Board of Social Services and Division of Medical Assistance and Health Services improperly denied an application for Nursing Home Medicaid. The administrative law judge concluded that the applicant's trust was irrevocable and the only payment from the trust that was not made to or for her benefit under N.J.A.C. 10:71- 4.11(e)1iii was a payment for cash in the amount of $ 500. As a result, her assets at the time of her application for Medicaid placed her resources at under $ 2,000 pursuant to N.J.A.C. 10:71-4.5(c). Camden Cnty. Bd. of Social Serv. and Div. of Medical Assistance and Health Serv., OAL Dkt. No. HMA 11618-13, 2014 N.J. AGEN LEXIS 272, Initial Decision (May 20, 2014). Medicaid applicant's irrevocable trust arrangement was void because it violated New Jersey's public policy against shielding assets to become Medicaid eligible, pursuant to N.J.S.A. 30:4D-6(f), and therefore the trust res was considered an available resource. Because public policy considered the trust null and void, it was as if the trust assets were available to the applicant throughout the duration of the trust and at the time of the Medicaid application made on February 8, 2006; thus, the transfer of assets did not occur until February 8, 2006, pursuant to N.J.A.C. 10:71-4.10(m)1, and the penalty period for the transfer began on that date. J.S. v. DMAHS, OAL Dkt. No. HMA 4896-06, 2006 N.J. AGEN LEXIS 1054, Initial Decision (December 19, 2006). Initial Decision (2006 N.J. AGEN LEXIS 456) adopted, which concluded that a special needs trust, of which petitioner was a beneficiary, was an excludable resource under N.J.A.C. 10:71-4.4(b)6 for purposes of determining Medicaid Only eligibility because petitioner was not the grantor, the trust was not funded by any of petitioner's assets, a trustee other than petitioner had sole discretion to disburse trust funds, petitioner could not compel the distribution of the corpus or income, and petitioner was not the beneficiary of any remaining funds upon the trust's termination. A.M. v. DMAHS, OAL Dkt. No. HMA 8525-05, 2006 N.J. AGEN LEXIS 586, Final Decision (June 26, 2006). Where trust property was described, in testimony, as the family home, and under the Trust Agreement co-trustees could in their sole discretion distribute all or any part of the trust principal reasonably necessary for the Settlor's