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TANF Policies Reflect Racist Legacy of Cash Assistance | Center on Budget and Policy Priorities

TANF Policies Reflect Racist Legacy of Cash Assistance | Center on Budget and Policy Priorities
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Providing for the futures of people with special needs

In many families, parents decide to leave their property and money to their children. However, for individuals living with disabilities, leaving property or money to them could cause them to lose eligibility for government benefits. Often, a person with special needs will be eligible for monthly Supplemental Security Income (SSI) and Medicaid health coverage. Those benefits make a crucial difference for many, specifically for those who require caregiving services in the home. To provide extra support, the Omnibus Budget Reconciliation Act of 1993 gave authority for the use of a Special Needs Trust. Specifically, 42 U.S.C. 1396p (d)(4)(A) and (d)(4)(C) state that a Special Needs Trust (SNT) can preserve a person’s financial eligibility for Medicaid and SSI regardless of the amount and provide additional funds. However, the trust must be managed by a trustee.

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