Elder Law

CMS issues new POMS for trusts

By dvanar

A new Programs Operations Manual System (POMS), used by Social Security Administration employees to administer the Social Security and Supplemental Security Income (SSI) programs, has recently been issued by the Center for Medicare and Medicaid Services (CMS) for trusts under the heading ?SI 01120.200 Trusts ? General, Including Trusts Established Prior to 1/1/00, Trusts Established with the Assets of Third Parties and Trusts Not Subject to Section 1613(e) of the Social Security Act.?

Among other changes, the new POMS appears to authorize the practice of shielding alimony and/or child support from being considered as countable income under the SSI and Medicaid programs by providing in a court order that the child support and alimony be paid to a special needs trust rather than directly to the divorced spouse or disabled child.

Read the new section:  SSA - POMS: SI 01120.200 - Trusts - General, Including Trusts Established Prior to 1/1/00, Trusts Established with the Assets of Third Parties and Trusts Not Subject to Section 1613(e) of the Social Security Act - 01/13/2009

Full post as published by Law Office of Donald D. Vanarelli Blog on January 21, 2009 (boomark / email).