Such appointment may be outright or in further trust, and need not be equal or proportionate. No such appointment shall be made to the Grantor, the Grantor's creditors, estate or estate creditors. The Agency determined that this provision of the Trust Agreement meant that the entire trust corpus was available to the Appellant. To determine eligibility, an applicant's or recipient's net income must be calculated. In addition, resources are compared to the applicable resource level.
Net income is derived from gross income by deducting exempt income and allowable deductions.
If an applicant's or recipient's net income is less than or equal to the applicable monthly standard of need, and resources are less than or equal to the applicable standard, full Medical Assistance coverage is available. The applicant or recipient will be given 10 days from the date he or she is advised of the excess resource amount to reduce the excess resources by establishing either a burial fund. In addition, they will be advised that they may spend excess resources on exempt burial space items during this 10 day period. Eligibility determinations must include a snapshot comparison of excess resources as of the first of the month to viable bills. This comparison must be done for each month in which eligibility is sought, including each of the retroactive months.