CalWORKs Policy - Department of Public Social Services

inaccessible to the AU if all of the following are
met:
1. The trustee administering the funds is either
a court, institution, corporation, organization
which is not under the direction/ownership of
an AU member; or an individual appointed
by the court who has court imposed
limitations.
2. The funds held in irrevocable trust are
either:
a) Established from the AU’s own funds
(funds must be used to make
investments on behalf of the trust or pay
educational/medical expenses) of any
AU member named by the AU who
created the trust; or
b) Established from a non-AU member
funds by a non-AU member regardless of
how funds will be used.
3. The trust investments do not involve/assist
any business/corporation under the
control/direction/influence of an AU member.
4. The trust arrangement will not end during
the Redetermination period.
5. An AU member does not have the power to
revoke the trust arrangements/change the
name of the beneficiary during the
Redetermination period.
Are applicant/participants required to
petition the court to release a trust fund?
No, with the implementation of welfare reform,
this is no longer a condition of eligibility. Based
on the Food Stamp regulations, the EW must
make a reasonable determination and evaluate
if the funds are accessible. If the funds are
inaccessible, no further action is taken. If the
funds are accessible, the EW must investigate
and determine whether the funds may be
exempt under any other provision.
See FS 63-501 Resource Determination for
more information.