Page:United States Statutes at Large Volume 113 Part 3.djvu/316

 113 STAT. 1834 PUBLIC LAW 106-169—DEC. 14, 1999 "(B) the term 'corpus' means, with respect to a trust, all property and other interests held by the trust, including accumulated earnings and any other addition to the trust after its establishment (except that such term does not include any such earnings or addition in the month in which the earnings or addition is credited or otherwise transferred to the trust); and "(C) the term 'asset' includes any income or resource of the individual (or of the individual's spouse), including— "(i) any income excluded by section 1612(b); "(ii) any resource otherwise excluded by this section; and "(iii) any other payment or property to which the individugQ (or of the individual's spouse) is entitled but does not receive or have access to because of action by— "(I) the individual or spouse; "(II) a person or entity (including a court) with legal authority to act in place of, or on behalf of, the individual or spouse; or "(III) a person or entity (including a court) acting at the direction of, or on the request,of, the individual or spouse.". (b) TREATMENT AS INCOME. —Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) is amended— (1) by striking "and" at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting "; and"; and (3) by adding at the end the following: "(G) any earnings of, and additions to, the corpus of a trust established by an individual (within the meaning of section 1613(e)), of which the individual is a beneficiary, to which section 1613(e) applies, and, in the case of an irrevocable trust, with respect to which circumstances exist under which a pay- ment from the earnings or additions could be made to or for the benefit of the individual.". (c) CONFORMING AMENDMENTS. —Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended— (1) by striking "and" at the end of subparagraph (E); (2) by adding "and" at the end of subparagraph (F); and (3) by inserting after subparagraph (F) the following: "(G) that, in applying eligibility criteria of the supplemental security income program under title XVI for purposes of determining eligibility for medical assistance under the State plan of an individual who is not receiving supplemental security income, the State will disregard the provisions of section 1613(e);". Applicability. (d) EFFECTIVE DATE. —The amendments made by this section 42 USC 1382a shall take effect on January 1, 2000, and shall apply to trusts °°*®- established on or after such date. SEC. 206. DISPOSAL OF RESOURCES FOR LESS THAN FAIR MARKET VALUE UNDER THE SSI PROGRAM. (a) IN GENERAL.—Section 1613(c) of the Social Security Act (42 U.S.C. 1382b(c)) is amended— (1) in the caption, by striking "Notification of Medicaid Policy Restricting Eligibility of Institutionalized Individuals for Benefits Based on";

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