1. (a) A trust or restricted account is one in which moneys are held by a person (trustee) for another (beneficiary) with specific instructions for withdrawal.
2. (b) Trust funds that are legally available to help meet a transitional employment assistance (TEA) family member’s needs must be considered a countable resource.
3. (c) Trusts that have, as the only restriction, the requirement of prior court approval are considered accessible until a formal request for withdrawal has been made to the court and the court has formally denied the request.
4. (d) Trusts that are not accessible to meet the individual’s basic needs, e.g., the court has denied a withdrawal request, are not considered in determining the family’s TEA eligibility.
5. (e) If there are questions concerning the accessibility of a specific trust account, the pertinent trust documents and other information describing the situation should be sent to the Assistant Director of the Office of Program Planning and Development, Slot S333, for review and request of an Office of Chief Counsel of the Department of Human Services opinion, if necessary.

6. (f)

   1. (1) If a trust is determined to be inaccessible, it will be reported to the Third Party Liability Unit as a third-party resource for Medicaid purposes if the individual is Medicaid eligible.
   2. (2) In this situation, the family should be advised that the trust will be considered a third-party resource.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “07/01/97”