Monies held in trust for an individual applying for or receiving Temporary Assistance for Needy Families (TANF) must have the availability of the funds determined.  Funds held in trust are considered available both when actually available and when the applicant or recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance.  In this circumstance, a decision regarding availability is made by the worker.  • 1  Funds may also be held in trust and under the control of someone other than the TANF parent or caretaker relative, such as the courts, agencies, other individuals, or the Bureau of Indian Affairs (BIA).  The availability of these funds is determined by using the procedures described in (1) and (2) of this Section.

• (1) Funds held in trust by courts, agencies, or other individuals.  Certain information must be obtained at the time of application or at the time it is learned a trust is in existence.  This information must include a copy of the trust instrument, when applicable, a copy of all relevant court documents including Journal Entry, Order, Settlement Agreement, and documentation as to date, amount, and purpose reflecting any prior disbursements.
  • (A) Release of trust by written petition or written request.  The availability of the trust can only be determined after a written petition to the court for the release of the total funds has been made or a written request is made to the trustee if the trust is not a court supervised account.  The individual is instructed in writing to petition the court in writing or submit a written request to the trustee for release of the total amount of the funds in the trust account.
    • (i) The written notice to the TANF caretaker relative informs him or her the petition or request must be filed with the court or submitted to the trustee within 30 calendar days from the date of the notice and that failure to do so results in case denial or closure due to the county not being able to determine eligibility.  A copy of the petition or request must be submitted by the caretaker relative to the worker.  Upon receipt of a copy of the petition or request, the trust account at issue is considered unavailable.  The caretaker relative is instructed to provide the worker with a copy of the court or trustee's response.
    • (ii) When the TANF caretaker relative complies timely with the petition or request but cannot get a response from the court or trustee, the worker offers assistance, such as writing a letter, with his or her written permission, to the court or trustee.  • 2
    • (iii) When the trustee's response to the petition or request is explicit as to the availability of funds, the worker takes appropriate action.  Otherwise, the information is submitted under cover memo to Family Support Services Division (FSSD) TANF Section.  If necessary, a decision is obtained from the Legal Division about the availability of the funds held in trust.
    • (iv) A decision regarding trust availability is rendered in one of two ways.
      • (I) Trust is not available.  The trust monies are considered unavailable to the child(ren) and further review is not needed unless the trust instrument is amended.
      • (II) Trust is available.  The trust monies are considered available as a resource in determining eligibility.
  • (B) Periodic review.  If the funds are determined to be unavailable to the individual, they are excluded as a resource at that time.  However, at the next redetermination or reapplication the worker obtains information from the court or trustee regarding any modification to the trust instrument and any disbursements.  • 3  Any disbursements are considered as income the month received.  If modification or disbursements have not occurred, the funds continue to be considered as unavailable.
• (2) Funds held in trust by BIA.  Interests of individual Indians in trust or restricted lands are not considered a resource in determining eligibility for assistance under the Social Security Act or any other federal or federally assisted program.