ABLE Accounts: A Savings Opportunity for Qualified Individuals with Disabilities

The Achieving a Better Life Experience Act (ABLE), signed into law on December 19, 2014, opens new pathways to financial stability for millions of Americans with disabilities and their families.

Words you should know

ABLE

ABLE is the abbreviation for the Achieving a Better Life Experience Act signed into law on December 19th, 2014. ABLE amends the tax code to allow states to establish ABLE programs that offer eligible individuals with disabilities and families the opportunity to open one ABLE account, a tax-advantaged savings account to help pay for the extra costs of living with a disability.

What is an ABLE Account?

ABLE accounts are tax-advantaged savings accounts for individuals with disabilities and their families. Contributions may be made to an ABLE account by the account beneficiary, family members, friends, or an employer. There are no restrictions on who can contribute to an account.

There are restrictions on how much can be contributed to an ABLE account each year. Each state sets limits as to the maximum contributions over time that can be contributed to an ABLE account. For individuals with disabilities who are recipients of Supplemental Security Income (SSI), the ABLE Act sets further limitations.

Why the need for an ABLE account?

For parents raising a child with a disability or a working-age adult with a disability, there are extra costs associated with the disability that occur on a regular basis. Those extra costs could include healthcare, medications, assistive technology like screen readers or communication devices, personal assistance services, transportation, and home and vehicle modifications for improved access and use. Government benefits and programs may cover some of these costs and set resource limits that impact eligibility. However, ABLE accounts provide an opportunity for individuals with disabilities and their families to set money aside in a savings account managed by state ABLE programs as a supplement.

For a young adult, a working-age adult, or an entrepreneur with a disability, contributions to an ABLE account become an important way to help improve their health, independence and quality of life. The ABLE account lets people set short and longer term financial goals, create and manage a budget, engage others to become contributors and from a circle of support. They will also establish a plan for spending the savings for qualified disability expenses.

Who is eligible to be an ABLE account beneficiary?

The ABLE Act limits eligibility to individuals with significant disabilities where the disability started before the person turned 26. If a person meets this age requirement and they also receive Social Security benefits under SSI and/or SSDI, they are automatically eligible to establish an ABLE account with the state program of their choice. If the person is not receiving Social Security disability benefits, but still meets the age requirement, there are other eligibility criteria. The person does not have to prove inability to work, nor is there any type of income or asset test that would limit a person’s eligibility for opening an ABLE account.

To learn more about all state ABLE programs, there is an interactive map on the ABLE National Resource Center website. You can try out a comparison tool that provides questions and answers about state ABLE programs and compare up to three state programs at the same time.

Qualified Disability Expense

Funds contributed to an ABLE account and income growth from the selected investment choices short- and long-term can be used to pay for “qualified disability expenses” (QDE). A QDE covers the cost of many products and services that assists the ABLE account beneficiary to increase and/or maintain their health, independence or quality of life. A QDE may include expenses related to education, housing, transportation, employment training and support, healthcare, financial and legal services and technology-related assistance.

Source: National Disability Institute

How to open an ABLE Account?

To open an ABLE account, eligible individuals with disabilities and families may choose which state ABLE program best meets their needs. An ABLE account is not for every individual with disabilities and their families. To open an ABLE account, the person must meet the eligibility requirements related to age and level of disability. Even if an individual meets the eligibility requirements, there are other factors to consider. These include current debt status, other protected savings, and financial needs and goals.

To select the right ABLE state program, think about:

• fees and costs to open and maintain an account
• choice of investment options
• withdrawal restrictions
• ability to understand the account and make informed financial decisions
• features of the account to help an individual save, manage, and grow the account savings

What else you need to know

Please note that, upon the death of the beneficiary, the state in which the beneficiary lived – or may have received Medicaid services – may file a claim for all or some of the funds remaining in the account after all qualified disability expenses have been paid. The state can’t take back more money than it spent on the beneficiary on Medicaid-related expenses, starting at the time the account was originally opened. This is known as the Medicaid Payback Provision. Check with your state ABLE program administrator for more information.

When to open and make deposits to an ABLE account: Next Steps

Like other long-term savings plan, such as the 529 college savings plan, the earlier you open an account, the more time your investments have to grow. This means your account can make more money in the long run.

Each individual and family will have to decide when opening an ABLE account will be possible and make the most sense to meet their needs. There is no age limitation of any current state ABLE program that says you need to open the account before the individual with a disability reaches a certain age.

Once you decide to open an ABLE account with your selected state ABLE program, be sure to create a plan that sets financial goals and identifies the need for saving. Be sure to manage the account and establish spending priorities, and regularly review the account statement.

Stay up to date

As tax codes are updated over the years, this information may change. Please visit the ABLE Accounts page on the IRS website for the most current information.