How to Administer a Special Needs Trust

Methods of Distribution

A Trustee should never give the beneficiary money to purchase exempt assets. Cash distributions are always considered countable income. SSI rules say that if you give the beneficiary anything that he or she has a legal right to convert to cash (e.g., a second home or ), it will be counted as a resource. Reimbursements to the beneficiary for purchases he or she has made are counted as income even if the purchases are for exempt assets.

Purchase of Services

 Services are not counted as income against the beneficiary's SSI benefits, because they are not easily convertible to cash. Examples of services are:

  • Auto repair
  • Local and long-distance telephone service
  • Education and travel
  • Recreation and entertainment
  • Gardening
  • Medical care and social services.
  • Paying the Beneficiaries Bills

Bills the trustee pays for the beneficiary are not income if the beneficiary receives no asset as a result of paying the bill. If the beneficiary receives any asset as a result of paying a bill, the value received is counted under in-kind income rules.

Methods of Distributing In-kind Income

"In-kind income" exists when you give the beneficiary something other than money.such as food, shelter, or clothing.

Example: If you give the beneficiary cash to purchase a television set, the beneficiaries SSI will be reduced dollar for dollar after the first $20. If you purchase a television set directly and give the set to the beneficiary, then benefits are unaffected if the beneficiary's house hold goods are less than $2,000.

You may give the beneficiary the right to obtain the goods and services (e.g., a non-refundable gift certificate to the appliance store). When you give the beneficiary any right to receive services or goods it should be non-transferable and non-refundable to avoid any argument that it could be converted to cash.

Assets Owned by the Trust

Consider purchase items or service in the name of the trust, if their ownership by the beneficiary would cause a loss of benefits. If the beneficiary does not have control of the item, it is probably not an asset or resource to the beneficiary.

Example: SSI allows the purchase of van by the beneficiary. For disabled persons with mobility limitations, a van that is inoperative can cause severe restrictions, but a second van is a countable resource. The Special Needs Trust could purchase a second van in the name of the trust. The beneficiary can have the beneficial use of the van without interfering with eligibility for benefits.

In-Kind Support and Maintenance

The receipt, or right to receive, food, shelter, or clothing is known as "In-Kind Support and Maintenance," (ISM). The beneficiary's SSI benefits will be reduced if he/she receives ISM. SSI benefits are specifically intended to pay for a person's food, clothing and shelter. If that person receives those goods or services from another source then less SSI income is needed. If Social Security determines that ISM is given to a SSI beneficiary, his or her benefits will be reduced, but not dollar-for-dollar. When a beneficiary is given food, shelter, or clothing, his/her SSI will be reduced by either $168.66 or the actual value of what is provided - whichever is smaller.

Presumed Maximum Value (PMV)

Under the PMV rule, ISM is valued at the lesser of its actual value or at its "presumed" value of one-third of the federal benefit portion, plus the $20 general income exclusion. In 2002, the PMV amounts to a set $201.66 ($446 federal portion divided by 3 plus $20). The fixed dollar reduction applies to any single month in which ISM is received, regardless of the actual value of the total food, clothing, or shelter received in that month . If you directly pay the beneficiary's rent, his/her SSI benefits will only be reduced by $201.66, even if the rent payment was $1,000. If the actual value of the ISM that the beneficiary receives is below $201.66, Social Security will adjust the reduction downward from $201.66 to reflect the actual value of the ISM the beneficiary actually received. Since SSI is a supplemental income program, the greater the beneficiary's other income (such as from Social Security Disability), the less SSI the beneficiary will receive. If the beneficiary receives only a little SSI each month, then the reduction in SSI benefits due to the receipt of ISM may be fatal to the beneficiary's SSI and Medi-Cal benefits

For example, if the beneficiary only receives $100 per month in SSI, the imposition of a $201.66 PMV reduction will eliminate the entire SSI and Medi-Cal benefit.

Issues Regarding Residences

The disabled beneficiary may own a home outright without jeopardizing government benefits. If a trust owns the home in which the disabled child resides, it is treated as in-kind support for SSI and Medi-Cal eligibility and could disqualify the child for benefits. This can be avoided by charging rent in an amount that will not jeopardize eligibility for SSI and Medicaid.