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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 133 under any circumstance, no matter how unlikely or distant in the future, are a resource. Determine if the Undue Hardship (Chapter E - 66.6.4.3), Special Needs (Chapter E - 66.6.4.1), or Pooled Trust (Chapter E - 66.6.4.2) exclusions apply. If there are no circumstances under which payment from the trust could be made to or for the benefit of the individual or the individual's spouse, it is not a resource. Develop the establishment of the trust as a transfer of resources. See Resource Transfers Chapter G. 67.6.1. Payments to an Individual Payments are considered to be made to the individual when any amount from the trust, including amounts from the principal or income produced by the trust, is paid directly to the individual or someone acting on his/her behalf, e.g., guardian or legal representative. 67.6.2. Payments on Behalf of/for the Benefit of an Individual Payments are considered to be made on behalf of or to or for the benefit of an individual if payments from the principal or income of the trust are paid to another person or entity so that the individual derives some benefit from the payment. Such payments could include purchase of food, clothing, shelter, household goods, personal items, medical services or personal attendant care. 67.6.3. Value The resource value of an irrevocable trust is the total amount of payments that can be made from the individual’s portion of the trust to or for the benefit of the individual or spouse. Restrictions within the trust may limit the amount and purpose of distributions. Examples • An irrevocable trust provides that the trustee can disburse $2,000 to, or for the benefit of, the individual out of a $20,000 trust. Only $2,000 is considered to be a resource. The other $18,000 is considered to be an amount which cannot, under any circumstances, be paid to the individual. It is not a resource and may be subject to the transfer of resources rule. • If a trust contains $50,000 that the trustee can pay to the beneficiary only in the event that he/she needs a heart transplant or