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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 134 on his/her 100th birthday, the entire $50,000 is considered to be a payment which could be made to the individual under some circumstance and is a resource. 67.6.3.1. Individual's Assets Form Only a Part of the Trust In the case of an irrevocable trust where the assets of the individual (or spouse) were transferred along with the assets of another individual(s), these provisions apply to the distributions made from an individual’s (or spouse’s) assets in the trust. Distributions made from the third party’s trust assets must be evaluated under Trust Policy A. See Chapter E – 64. Example: Jimmy Smith is an adult with cerebral palsy. His grandparents left $75,000 in trust for him in their wills. Recently (after 1/1/00), Mr. Smith won an employment discrimination lawsuit and was awarded a $1,500 judgment which was deposited into the trust established by his grandparents. The $1,500 of Mr. Smith's funds is subject to these provisions, Trust Policy B, and could be a resource if payment could be made to or for Mr. Smith's benefit. The $75,000 deposited by his grandparents is not subject to these provisions but must be evaluated under Trust Policy A. 67.6.3.1.1. Disbursement Consult the trust document to determine from which portion of the trust disbursements were made. If the trust document does not specify, a statement from the trustee regarding the source of the disbursements will be determinative. If the trustee is unable to provide a statement, presume that disbursements were made first from the portion of the trust established with the funds of other individuals. When that portion is depleted, presume that disbursements were made from the portion of the trust established with funds of the individual. 67.6.4. Exceptions to Counting Irrevocable Trusts Established on or after 1/1/00