ARSD 67:12:05:10. Personal property held in trust considered a resource

The department must consider personal property held in trust as a resource when applying the resource limit in § 67:12:05:05 if the trust instrument: (1) Is revocable; (2) Allows the administrator to sell property subject to the trust and use the proceeds to meet the needs of any member of the assistance unit; or (3) Allows the administrator to invade the principal and use the principal to meet the needs of any member of the assistance unit. The department shall consider a personal property trust created to render an applicant, recipient, or dependent child eligible to receive public assistance to be a transfer that results in ineligibility. The department shall account for the income received from a personal property trust in the same manner as any other income.