The federal Omnibus Budget Reconciliation Act of 1993, known as OBRA, is a federal law that defines who can have a special needs trust and still qualify for public benefits, and how the trust can be established. OBRA allows people with disabilities to place their own money into an irrevocable pooled special needs trust and still be eligible for SSI and Medicaid. These trusts, sometimes also referred to as OBRA trusts, can be set up to prevent personal funds from being counted as the person’s assets, so the individual’s eligibility for SSI and Medicaid services is not jeopardized. The pooled trust program must be set up and managed by a nonprofit organization such as CCT, and should be established within the same month that the funds are received to ensure that public benefits will not be interrupted.
CCT’s First-Party Pooled Special Needs Trust is established by a Grantor and self-funded by the individual with a disability. The Grantor can be the Beneficiary, the Beneficiary’s Guardian, parent, or grandparent, or the Court.
Please note: As of June 1, 2016, the Self-Funded Pooled Disability Trust was renamed to First-Party Pooled Special Needs Trust.