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Different names for first-party special needs trusts you may hear include: Payback special needs trust. Litigation special needs trust. Miller trust. (d)(4)(A) SNT. (d)(4)(C) SNT.
The trustee works in very close contact with the beneficiary and/or their caregiver to manage the trust and its financial distributions to pay for these things. The main takeaway regarding distribution of SNT funds is this: The beneficiary never sees the money directly, but the money is used to pay for their needs.
Typically, a third party special needs trust is set up by the family of the disabled person. The family then gifts money to the trust, rather than the disabled person, so the gifts do not interfere with the disabled persons Supplemental Security Income (SSI), Medicaid, vocational rehabilitation, and subsidized housing.
What are the main benefits of an SDT? The asset value limit of $781,250 (indexed annually on 1 July) and income from the trust may be disregarded for the purposes of the principal beneficiary's income support payment. Assets above that limit are added to the assessable assets of the principal beneficiary.
Cons of Special Needs Trusts The trust must be maintained, and yearly management costs can be high. Depending on who manages the fund, there may be a minimum amount required to set up the trust. It may be financially difficult for the settlor to actually establish the trust, depending upon their circumstances.