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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 137 • The trust provides that to the extent any amounts remaining in the beneficiary's account upon the death of the beneficiary are not retained by the trust, the trust will pay to the State the amount remaining up to an amount equal to the total amount of medical assistance paid on behalf of the beneficiary under a State Medicaid plan. Note: There is no age restriction under this exception. 67.6.4.3. Undue Hardship The counting of an irrevocable trust as a resource is not applicable in any month for which counting the trust would cause undue hardship to the individual. Counting the trust as a resource resumes for any month(s) in which undue hardship does not exist. 67.6.4.3.1. Applicability Consider the possibility of undue hardship under this provision only when: • Counting an irrevocable trust as a resource results in the individual's ineligibility for AG due to excess resources; • The individual alleges in a written statement or information in the file indicates that not receiving AG would deprive him/her of food or shelter; and • The trust specifically prohibits disbursements or prohibits the trustee from exercising his/her discretion to disburse funds from the trust for the individual's support and maintenance Note: Since an individual may revoke a revocable trust and access the funds for his/her support and maintenance, the requirements for undue hardship cannot be met if the individual established a revocable trust.