Treatment of irrevocable trust amounts.
For purposes of determining an individual’s eligibility for, or amount of benefits under, medical assistance:
(a)#
If there are circumstances under which payment from an irrevocable trust could be made to or for the benefit of the individual, the portion of the corpus from which, or the income on the corpus from which, payment to or for the benefit of the individual could be made is considered a resource available to the individual, and payments from that portion of the corpus or income: 1. To or for the benefit of the individual, are considered income of the individual. 2. For any other purpose, are considered transfers of assets by the individual subject to s. 49.453.
(a)(1)#
To or for the benefit of the individual, are considered income of the individual.
(a)(2)#
For any other purpose, are considered transfers of assets by the individual subject to s. 49.453.
(b)#
Any portion of an irrevocable trust from which, or any income on the corpus from which, no payment could under any circumstances be made to or for the benefit of the individual, is considered to be an asset transferred by the individual subject to s. 49.453. The asset is considered to be transferred as of the date of the establishment of the trust, or, if later, the date on which payment to the individual was foreclosed. The value of the trust shall be determined for purposes of s. 49.453 by including the amount of any payments made from that portion of the trust after that date.