Page:United States Statutes at Large Volume 107 Part 1.djvu/651

 PUBLIC LAW 103-66—AUG. 10, 1993 107 STAT. 625 "(ii) payments from the trust to or for the benefit of the individual shall be considered income of the individual, and "(iii) any other payments from the trust shall be considered assets disposed of by the individual for purposes of subsection (c). "(B) In the case of an irrevocable trust— "(i) if there are any circumstances under which payment from the 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 the incUvidual could be made shall be considered resources available to the individual, and payments from that portion of the corpus or income— (I) to or for the benefit of the individual, shall be considered income of the individual, and "(11) for any other purpose, shall be considered a transfer of assets by the individual subject to subsection (c); and "(ii) any portion of the trust from which, or any income on the corpus from which, no payment could under any circumstances be made to the individual shall be consiaered, as of the date of establishment of the trust (or, if later, the date on which payment to the individual was foreclosed) to be assets disposed by the individual for purposes of subsection (c), and the value of the trust shall be determined for purposes of such subsection by including the amount of any payments made from such portion of the trust after such date. "(4) This subsection shall not apply to any of the following trusts: "(A) A trust containing the assets of an individual under age 65 who is disabled (as defined in section 1614(a)(3)) and M^ich is established for the benefit of such individual by a parent, grandparent, legal guardian of the individual, or a court if the State will receive all amounts remaining in the trust upon the death of such individual up to an amount eauai to the total medical assistance paid on behalf of the individual under a State plan under this title. "(B) A trust established in a State for the benefit of an individual if— "(i) the trust is composed only of pension. Social Security, and other income to the individiud (and accumulated income in the trust), "(ii) the State will receive all amounts remaining in the trust upon the death of such individual up to an amount equal to the total medical assistance paid on behalf of the individual under a State plan under this title, and "(iii) the State makes medical assistance available to individuals described in section 1902(a)(10XAXii)(V), but does not make such assistance available to individuals for nursing facility services under section 1902(a)(10XC). "(C) A trust containing the assete of an individual who is disabled (as defined in section 1614(a)(3)) that meete the following conditions: "(i) The trust is established and managed by a nonprofit association. "(ii) A separate account is maintained for each beneficiary of the trust, but, for purposes of investment and management of funds, the trust pools these accounto.

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