Hello and Welcome. My name is George Gray. I’m a partner in the law firm of Gray and Feldman with offices in Penfield NY. My areas of practice include wills, trusts, and estates and providing special needs planning for families of an individual with a disability.  During the course of my representation, I am often asked “what is an estate plan, what are its elements, and why are they important”

The receipt of unearned income during a month will generally result in a dollar-for-dollar reduction in Supplemental Security Income benefits (“SSI”); subject only to the $20 exclusion amount.  Whether a gift card/certificate is deemed income depends upon the restrictions placed upon its use.  

If a special needs trust (a “SNT”) pays a credit card bill, the consequence of that payment depends upon what was on the bill!  For example, if the SNT pays a restaurant charge made while the beneficiary is home, it will reduce his or her Supplemental Security Income (“SSI”) benefit.  If, on the other hand, the SNT pays a charge for clothing it will not result in a reduction of SSI benefits

The answer to the question is: “It Depends.”  The SNT should not pay for a restaurant meal while the beneficiary is at home; but, it can pay for restaurant meals while the beneficiary is on vacation!