HB273 (2007) Detail

Relative to special needs trusts.


CHAPTER 166

HB 273-FN – FINAL VERSION

28Mar2007… 0440h

05/10/07 1409s

2007 SESSION

07-0354

01/04

HOUSE BILL 273-FN

AN ACT relative to special needs trusts.

SPONSORS: Rep. Bleyler, Graf 9; Rep. Carson, Rock 3; Rep. Butcher, Ches 3; Rep. McLeod, Graf 2; Sen. Odell, Dist 8; Sen. Estabrook, Dist 21; Sen. Hassan, Dist 23; Sen. Burling, Dist 5; Sen. Sgambati, Dist 4

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill provides that disbursements from qualifying special needs trusts shall not be counted as unearned income when determining eligibility for public medical assistance unless they are used for food or shelter, as those terms are defined for the purposes of the federal Supplemental Security Income program.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

28Mar2007… 0440h

05/10/07 1409s

07-0354

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to special needs trusts.

Be it Enacted by the Senate and House of Representatives in General Court convened:

166:1 New Paragraph; Public Assistance to the Blind, Aged, or Disabled Persons, and to Dependent Children; Eligibility for Assistance; Special Needs Trusts. Amend RSA 167:4 by inserting after paragraph IV the following new paragraph:

V. Distributions of the income or principal, or both, of a special needs trust to or for the benefit of the disabled beneficiary shall be disregarded for income eligibility purposes of all categories of public medical assistance to the same extent that such distributions are disregarded for purposes of Title XVI of the Social Security Act. Funds expended by a trustee of a special needs trust to purchase or maintain assets owned by the trustee in his or her capacity as trustee of the trust shall also be disregarded for such income eligibility purposes. For the purposes of this paragraph “special needs trust” means any trust established by a third party for the sole benefit of an individual who is considered disabled under the provisions of section 1614(a)(3) of the Social Security Act, and any trust funded with the resources of such an individual and complying with the provisions of section 1917(d)(4) of such Act.

166:2 Effective Date. This act shall take effect November 1, 2007.

Approved: June 18, 2007

Effective: November 1, 2007