Trusts

(A) For purposes of this subsection, an individual shall be considered to have established a trust if any assets of the individual (or of the individual’s spouse) are transferred to the trust other than by will.

(B) In the case of an irrevocable trust to which are transferred the assets of an individual (or of the individual’s spouse) and the assets of any other person, this subsection shall apply to the portion of the trust attributable to the assets of the individual (or of the individual’s spouse).

(C) This subsection shall apply to a trust without regard to— (i) the purposes for which the trust is established; (ii) whether the trustees have or exercise any discretion under the trust; (iii) any restrictions on when or whether distributions may be made from the trust; or (iv) any restrictions on the use of distributions from the trust.

(A) In the case of a revocable trust established by an individual, the corpus of the trust shall be considered a resource available to the individual.

(B) In the case of an irrevocable trust established by an individual, if there are any circumstances under which payment from the trust could be made to or for the benefit of the individual (or of the individual’s spouse), the portion of the corpus from which payment to or for the benefit of the individual (or of the individual’s spouse) could be made shall be considered a resource available to the individual.

The Commissioner of Social Security may waive the application of this subsection with respect to an individual if the Commissioner determines that such application would work an undue hardship (as determined on the basis of criteria established by the Commissioner) on the individual.

This subsection shall not apply to a trust described in subparagraph (A) or (C) of section 1396p(d)(4) of this title .

For purposes of this subsection—

(A) the term “trust” includes any legal instrument or device that is similar to a trust;

(B) the term “corpus” means, with respect to a trust, all property and other interests held by the trust, including accumulated earnings and any other addition to the trust after its establishment (except that such term does not include any such earnings or addition in the month in which the earnings or addition is credited or otherwise transferred to the trust); and

(C) the term “asset” includes any income or resource of the individual (or of the individual’s spouse), including— (i) any income excluded by section 1382a(b) of this title ; (ii) any resource otherwise excluded by this section; and (iii) any other payment or property to which the individual (or of the individual’s spouse) is entitled but does not receive or have access to because of action by— (I) the individual or spouse; (II) a person or entity (including a court) with legal authority to act in place of, or on behalf of, the individual or spouse; or (III) a person or entity (including a court) acting at the direction of, or on the request of, the individual or spouse.