South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:04 - Long-term care income requirements
Section 67:46:04:16 - Income from trust

The income from a trust that is considered available to the beneficiary is the maximum payment that is permitted under the terms of the trust assuming the full exercise of discretion by the trustee, whether or not that discretion is exercised.

If a trust instrument is not specific as to the beneficiary's ownership interest, the income is divided by the number of owners.

A payment made from the trust to the beneficiary or for the benefit of the beneficiary is income and is considered under the provisions of this chapter.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Consideration of revocable and irrevocable trusts, § 67:46:05:32.02.