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VIRGINIA DEPARTMENT OF SOCIAL SERVICES RESOURCES

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household provided that the following four criteria are met:

1) The trust arrangement is not likely to cease during the certification period and no household member has the power to revoke the trust arrangement or change the name of the beneficiary during the certification period;

2) The trustee administering the fund is either:

a) A court, or an institution, corporation, or organization which is not under the direction or ownership of any household member; or,

b) An individual appointed by the court who has court-imposed limitations placed on the use of the funds which meet the requirements of this chapter;

3) Trust investments made on behalf of the trust do not directly involve or assist any business or corporation under the control, direction, or influence of a household member; and,

4) The funds held in irrevocable trust are either:

a) Established from the household's own funds, if the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational or medical expenses of any person named by the household creating the trust, or

b) Established with funds of a person outside the household.

If the trust arrangement does not meet the four conditions listed above, the household must initiate court action to establish inaccessibility within the application processing timeframes for determining eligibility. Until the court renders a decision, the trust is available to the household.

10. Governmental payments designated for the restoration of a home damaged in a disaster, if the household is subject to legal sanctions in the event the funds are not used as intended. These types of payments include:

a. The Department of Housing and Urban Development or through the Individual and Family Grant Program.

b. The Small Business Administration as disaster loans or grants.

11. Resources that have been prorated as income for self-employed persons will not count as a resource. This includes profits from the annual sale of crops.

12. Resources of nonhousehold members, including ineligible students. See Part VI.C.1 for a list of these persons. The resources of disqualified household members are countable, however. (See Parts VI.C.2 and XII.E.)

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