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1. What is an ABLE account?
ABLE Accounts, which are tax -advantaged savings accounts for
individuals with disabilities and their families, were created as a result
of the passage of the Stephen Beck Jr., Achieving a Better Life
Experience Act of 2014 or better known as the ABLE Act. The
beneficiary of the account is the account owner, and income earned by
the accounts will not be taxed. Contributions to the account, which can
be made by any person (the account beneficiary, family and friends),
must be made using post -taxed dollars and will not be tax deductible
for purposes of federal taxes, however some states may allow for state
income t�py deductions for contribution made to an ABLE account.
F. Why the need for ABLE accounts?
Millions of individuals with disabilities and their families depend on a
wiI^ variety of public benefits for income, health care and food and
housing assistance. Eligibility for these public benefits (SSI, SNAP,
Medicaid) require meeting a means or resource test that limits
eligibility to individuals to report more than $2,000 in cash savings,
retirement funds and other items of significant value. To remain
eligible for these public benefits, an individual must remain poor, For
the first time in public policy, the ABLE Act recognizes the extra and
significant costs of living with a disability. These include costs, related
to raising a child with significant disabilities or a working age adult witl�
disabilities, for accessible housing and transportation, personal
assistance services, assistive technology and health care not covered
by insurance, Medicaid or Medicare.
For the first time, eligible individuals and their families will be allowed
to establish ABLE savings accounts that will largely not affect their
eligibility for SSI, Medicaid and other public benefits. The legislation
explains further that an ABLE account will, with private savings, "secure
funding for disability -related expenses on behalf of designated
beneficiaries with disabilities that will supplement, but not supplant,
benefits provided through private insurance, Medicaid, SSI, the
'teneficiary's employment and other sources."
3. Am I eligible for an ABLE account?
The ABLE Act limits eligibility to individuals with significant disabilitie
with an age of onset of disability before turning 26 years of age. If yo
meet this age criteria and are also receiving benefits already under S
and/or SSIDI, you are automatically eligible to establish an ABLE
account. If you are not a recipient of SSI and/or SSDI, but still meet th
age of onset disability requirement, you could still be eligible to open
an ABLE account if you meet Social Security's definition and criteria
regarding significant functional limitations and receive a letter of
certification from a licensed physician. You need not be under the ag
of 26 to be eligible for an ABLE account. You could be over the age o
26, but must have had an age of onset before the individual's 26
birthday.
4. Are there limits to how much money can be put in an ABLE account?
The total annual contributions by all participating individuals, including
family and friends, for a single tax year is $15,000. The amount may be
adjusted periodically to account for inflation. Under current tax law,
$15,000 is the maximum amount that individuals can make as a gift to
someone else and not report the gift to the IRS (gift tax exclusion). The
total limit over time that could be made to an ABLE account will
be subject to the individual state and their limit for education -related
529 savings accounts. Many states have set this limit at more than
$300,000 per plan. However, for individuals with disabilities who are
recipients of SSI, the ABLE Act sets some further limitations. The first
$100,000 in ABLE accounts would be exempted from the SSI $2,000
individual resource limit. If and when an ABLE account exceeds
$100,000, the beneficiary's SSI cash benefit would be suspended until
such time as the account falls back below $100,000. it is important to
note -that while the beneficiary's eligibility for the SSI cash benefit is
suspended, this has no effect on their ability to receive or be eligible to
receive medical assistance through Medicaid.
Additionally, upon the death of the beneficiary the state in which the
bIMneficiary lived may file a claim to all or a portion of the funds in the
Mccount equal to the amount in which the state spent on the
beneficiary through their state Medicaid prograrn. This is commonly
known as the "Medicaid Pay -Back" provision and the claim could
recoup Medicaid related expenses from the time the account was
open.
5. Which expenses are allowed by ABLE accounts?
A "qualified disability expense" means any expense related to the
designated beneficiary as a result of living a life with disabilities. Thesd
may include education, housing, transportation, employment training
and support, assistive technology, personal support services, health
care expenses, financial management and administrative services and
other expenses which help improve health, independence, and/or
quality of life.
i.. Can I have more than one ABLE account?
No. The ABLE Act limits the opportunity to one ABLE account per
eligible individual.
7. Do I have to wait for my state to establish a program before opening an
account?
No. While the original law passed in 2014 did stipulate that an
individual had to open an account in their state of residency, this
provision was eliminated by Congress in 2015. This means that
regardless of where you might live and whether or not your state has
decided to establish an ABLE program, you are free to enroll in any
state's program provided that the program is accepting out of state
residents.
To determine which state ABLE programs are accepting out of state
programs, please refer to the individual state pages. Examples of state
ABLE programs accepting enrollment nationwide include: Ohio,
Nebraska, and Tennessee. An example of a state ABLE program only
accepting in-state residents would include the Florida ABLE United
program.
8. Will states offer options to invest the savings contributed to an ABLE
account?
Like state 529 college savings plans, states do offer qualified
individuals and families multiple options to establish ABLE accounts
with varied investment strategies. Each individual and family will need
to project possible future needs and costs over time, and to assess
their risk tolerance for possible future investment strategies to grow
their savings. Account contributors or designated benearies are
limited, by the ABLE Act, to change the way their money is invested in
the account up to two times per year.
9. How is an ABLE account different than a special needs or pooled trust?
An ABLE Account will provide more choice and control for the
beneficiary and family. Cost of establishing an account will likely be
considerably less than either a Special Needs Trust (SNT) or Pooled
Income Trust. With an ABLE account, account owners will have the
ability to control their funds and, if circumstances change, still have
other options available to them. Determining which option is the most
appropriate will depend upon individual circumstances. For many
families, the ABLE account will be a significant and viable option in
addition to, rather than instead of, a Trust program. For more
information, the webinar on ABLE Accounts, Trusts, Financial and
Benefits Planning is archived on our website along with its slides and
transcript.
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As of January 2018 there are over 40 ABLE programs nationwide inviting
eligible individuals to open an ABLE account, most of whichare enrolling
individuals regardless of their state of residence. When comparing State
ABLE programs you may want to consider the following questions in ord
to find a program that best meets your needs: I
I
What proof will the ABLE program require for you to document in
order to open an account or show that your disbursements are
qualified expenses?
Is there a minimum contribution to open an ABLE account?
Is there a fee to open an account and, if so, how much is that fee?
® Is there a required minimum contribution to your account? If so,
what is the amount?
• Are the fees front end loaded or are they reduced if you leave your
funds invested for several years?
® Are there restrictions on how often you can withdraw funds from
your account?
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14 What are the investment options the state ABLE program offers?
In Are the options likely to meet your needs for limiting risk with the
growth of your contributed dollars to the ABLE account?
91 Does the program offer any unique or value added program
elements to help you save, contribute to your account, grow the
account, and manage your invested dollars?
13 Does the state program offer any unique or value added program
elements (such as a match or rewards program, financia ' I literacy
info or program for beneficiaries) to help you save, contribute to
your account, grow the account, and manage your invested
dollars? If so, what is it?
Does your state have a program and, if so, do they offer
income tax for contributions to their account? I
Is there a "debit card/purchasing card" available with the
program? Are there added costs to this? I
For a more detailed understanding of how you can begin to compant
programs and things to think about when preparing to open an ABLIA
account, please click here.