Page 388

388 (07/2026) Chapter 2:Eligibility • Section 5: Financial eligibility » The total value of the trust shall be considered a resource available to the individual. » Any payments made from the trust to or for the benefit of the individual shall be excluded as income. » Payments from the trust other than to or for the benefit of the individual are considered as a transfer of assets covered in the 140 section of the OARs (beginning with 461-140-0210).

Š If the trust is irrevocable, treat it as follows:: » For OSIPM individuals in a non-standard living situation, if, under any circumstances, the funds transferred into the trust are unavailable and the trustee has no discretion in which to distribute funds to or for the benefit of the individual, the individual is subject to a transfer of resources penalty as outlined the 140 section of the OARs (beginning with 461-140-0210). » If, under any circumstances, payments could be made to or on behalf of the individual, the share of the trust from which the payment could be made shall be considered a resource. For OSIPM individuals in a non-standard living situation, payments made for any reason other than to or for the benefit of the individual shall be considered a transfer of assets subject to disqualification per the 140 section of the OARs (beginning with 461-140-0210). » If, under any circumstances, income is generated by the trust and could be paid to the individual, such income will be considered as unearned income. For OSIPM individuals in a non-standard living situation, payments made for any reason other than to or for the benefit of the individual shall be considered a transfer of assets subject to disqualification per the 140 section of the OARs (beginning with 461-140-0210). » If any change in circumstance makes assets (income or resources) from the trust unavailable to the individual, a disqualifying transfer will be assessed as of the date of the change (again, for OSIPM individuals in a non-standard living situation). » The provisions of this rule may be waived for an irrevocable trust if ODHS|OHA determines denial of benefits would create an undue hardship on the individual. ƒ The local branch may determine undue hardship if, among other things: ` The absence of the services requested may result in a life-threatening situation, or ` The individual was a victim of fraud or misrepresentation. ƒ An assistant director of ODHS or their designee may otherwise determine that an undue hardship exists, based on the facts presented. Special needs trust Special needs trusts are not considered in determining eligibility for OSIPM. A special needs trust is characterized by all of the following: • It contains the assets of an individual determined disabled by SSI criteria • It was created prior to age 65 • It is established by one of the following:

Š The individual’s parent or grandparent

Š The individual’s legal guardian or conservator, or

Š A court