Page:United States Statutes at Large Volume 113 Part 3.djvu/315

 PUBLIC LAW 106-169—DEC. 14, 1999 113 STAT. 1833 SEC. 204. REQUIREMENT TO PROVIDE STATE PRISONER INFORMATION TO FEDERAL AND FEDERALLY ASSISTED BENEFIT PRO- GRAMS. Section 1611(e)(l)(I)(ii)(II) of the Social Security Act (42 U.S.C. 1382(e)(l)(I)(ii)(II)) is amended by striking "is authorized to" and inserting "shall". SEC. 205. TREATMENT OF ASSETS HELD IN TRUST UNDER THE SSI PROGRAM. (a) TREATMENT AS RESOURCE. —Section 1613 of the Social Security Act (42 U.S.C. 1382b) is amended by adding at the end the following: "Trusts "(e)(1) In determining the resources of an individual, paragraph Applicability. (3) shall apply to a trust (other than a trust described in paragraph (5)) established by the individual. "(2)(A) For purposes of this subsection, an individual shall be considered to have established a trust if any assets of the individual (or of the individual's spouse) are transferred to the trust other than by will. "(B) In the case of an irrevocable trust to which are transferred the assets of an individual (or of the individual's spouse) and the assets of any other person, this subsection shall apply to the portion of the trust attributable to the assets of the individual (or of the individual's spouse). "(C) This subsection shall apply to a trust without regard to— "(i) the purposes for which the trust is established; "(ii) whether the trustees have or exercise any discretion under the trust; "(iii) any restrictions on when or whether distributions may be made from the trust; or "(iv) any restrictions on the use of distributions from the trust. "(3)(A) In the case of a revocable trust established by an individual, the corpus of the trust shall be considered a resource available to the individual. "(B) In the case of an irrevocable trust established by an individual, if there are any circumstances under which pa3anent from the trust could be made to or for the benefit of the individual (or of the individual's spouse), the portion of the corpus from which payment to or for the benefit of the individual (or of the individual's spouse) could be made shall be considered a resource available to the individual. "(4) The Commissioner of Social Security may waive the application of this subsection with respect to an individual if the Commissioner determines that such application would work an undue hardship (as determined on the basis of criteria established by the Commissioner) on the individual. "(5) This subsection shall not apply to a trust described in subparagraph (A) or (C) of section 1917(d)(4). "(6) For purposes of this subsection— "(A) the term 'trust' includes any legal instrument or device that is similar to a trust;

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