(Revised 11/02 ML #2829)
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- In the case of a trust which requires or permits the trustee to take available public benefits into consideration in determining the amount distributed to a beneficiary who is a household member, the amount treated as available from the trust is the amount that would be available if the household was ineligible for LIHEAP benefits.
- In the case of a beneficiary who has in good faith sought trust benefits including bringing an action against the trustee to secure a court order requiring distributions, and a court order, not reasonably subject to appeal, determines some lesser amount to be available, the amount determined by the court to be available will be treated as available for LIHEAP purposes.
- In a case where a member of the household is a trustee, but no household member may be a beneficiary of the trust, no trust asset or income may be treated as available to the household.
- A "support trust" is a trust which has, as an express purpose, provision of support to a beneficiary. The trust will include language stating a purpose such as "to provide for the care, support, and maintenance" of the beneficiary. No particular language is required, but words such as "care," "maintenance," "support," or "comfort" are usually present. The term includes trusts that afford the trustee "absolute" or "sole" discretion as long as it appears that the grantor had, as a purpose, assuring that the beneficiary was provided some reasonable degree of support and maintenance.
