This in-depth training manual or outline (updated June 2023) covers how Supplemental Needs Trusts work (both individual and pooled), when an asset or lump sum may be deposited into an SNT. For Community Medicaid only, income may also be placed into an SNT. Explains how lump sums and SNTs affect eligibility for SSI, Medicaid, Section 8, SCRIE/DRIE, SNAP, Temporary or Public Cash Assistance/HASA, and other public benefits, including new rules on the Veteran's Pension.
The 2023 edition includes:
-
BIG NEWS on a new ASSET TEST for Public Housing and Section 8, which goes into effect Jan. 1, 2024, unless local housing authorities delay implementation.
-
April 2024 NEW: UPDATE since the outline was posted - in Dec. 2023, the NYC Housing Authority posted its revised Admissions & Continued Occupancy Policy (ACOP) eff Jan. 1, 2024. Chapter 7, Sec. E covers ASSETS, but does not yet state the HOTMA asset limit. In various places, such as Chapter 8, the ACOP states, the "effective date of HOTMA provisions: December 1, 2024," From this statement it appears that the new asset limit described in the 2023 edition of NYLAG's manual will not be effective in NYC until Dec. 1, 2024. NYLAG has not yet fully reviewed the ACOP and has not yet revised the outline to include any changes that may result at least in NYC based on this revised policy manual.
The 2022 changes included:
- Powers of Attorney executed after Sept. 1, 2009 do not need a Statutory Gift Rider (SGR) to establish a pooled income trust, (and SGR's dropped altogether for POA's executed after June 13, 2021) - GIS 20 MA/03 – Clarification of GIS 19 MA/04, “Clarification of Policy for Treatment of Income Placed in Medicaid Exception Trusts” See more here about the directive and how the policy shift came about from advocacy from the NYS Bar Association Elder Law & Special Needs Section.
- Increases in deposit and asset limits for ABLE accounts - also see National ABLE Resource Center and NYS ABLE site
- MEDICAID - Lookback & transfer penalty for community-based long term care – delayed from 1/2022 - not likely to start before 2024 (delayed because of COVID rules)
- HEADS UP for 2023 increases in Medicaid and MSP income & asset limits
- Temporary Assistance asset test increases coming Oct. 2022 - thanks to Susan Antos of Empire Justice Center for updating this section
- SNAP changes - thanks to Abby Biberman, NYLAG, for updates
- Updated Public Housing/Section 8 chapter
- July 2022 Changes in procedure to submit disability documents to local Medicaid agency
The 2019 changes included:
Other information about Pooled Income Trusts - See Related Articles below.
