Count trust funds or restricted bank accounts as income or cash and securities only if actually available. If they are available in lump sum, count as cash and securities. If available in regular installments, count as income.
Where a trust fund or restricted account (controlled by the Probate Court) is involved, advise the Probate Court in writing that the person is a Temporary Assistance applicant or participant explain that FSD must consider all legally available resources. Inquire whether the trust fund or restricted account is available to the claimant. Inquire if it is available in the entire lump sum or in regular payments. Base the decision on how to utilize resource in the Court’s reply.
If the Probate Court does not reply within 20 days, verbally follow up. On pending applications or applications to add a child or person, immediately approve or reject assuming the trust fund or restricted account is unavailable. Follow-up will be conducted after a decision on the application is made. If the information is still unavailable after a verbal follow-up, assume the funds are not available. Exclude them in determining eligibility on cash and securities. Unless the claimant indicates otherwise, assume no income is available from these funds. If further information regarding the trust fund or restricted account is received from the Probate Court at a later time, reconsider availability of the funds.
For restricted accounts not controlled by the Probate Court, determine whether or not the account is available. If the restricted account is clearly available to the individual, count as income or cash and securities, as appropriate. If the restricted account is clearly unavailable, exclude in determining eligibility.
Consider an Individual Development Account (IDA) to be a restricted account. Do not consider any portion of the account to be available to the claimant.
Consider an Achieving Better Life Experience (ABLE) account to be a restricted account. Do not consider any portion of the account to be available to the claimant.