182-516-0130  <<  182-516-0135 >>   182-516-0140

WAC 182-516-0135

Self-settled trusts established before August 11, 1993.

(1) A revocable or irrevocable self-settled trust established before August 11, 1993, under this section is one:
(a) Established other than by will by a beneficiary or that beneficiary's spouse;
(b) Under which that beneficiary may be the beneficiary of all or part of the payments from the trust; and
(c) Under which the distribution of those payments is determined by one or more trustees who are permitted to exercise any discretion with respect to the distribution to the beneficiary.
(2) For trusts established under subsection (1) of this section, the maximum value the trustee may distribute, under any circumstances, to the beneficiary is unearned income.
(3) If a trust does not meet subsection (1)(c) of this section:
(a) The trust is an available resource to the extent that trust assets can be used for the beneficiary; and
(b) Any asset that cannot be used for the beneficiary is an uncompensated asset transfer.
(4) This section does not apply to any trust or initial trust decree established before April 7, 1986, for the sole benefit of an intellectually disabled client who resides in an intermediate care facility for the intellectually disabled.
[Statutory Authority: RCW 41.05.021, 41.05.160 and 42 U.S.C. 1396p. WSR 18-04-037, ยง 182-516-0135, filed 1/30/18, effective 3/2/18.]
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