ABLE savings accounts are special bank accounts for individuals with disabilities where the funds don’t count as assets or resources for the purpose of SSI disability benefits or Medicaid. (ABLE stands for Achieving a Better Life Experience Act, a federal law passed in 2014.)
Historically, individuals receiving SSI or Medicaid benefits weren’t able to save over $2,000 because of asset limits, preventing them from planning for emergencies or saving for a down payment on a car or house. And parents of children and young adults with disabilities weren’t able to give them funds to help them plan for the future.
ABLE savings accounts now allow parents and relatives of individuals with disabilities (or the individuals themselves) to contribute funds to the account, without causing the individuals to lose eligibility for government benefits. In addition, SSI recipients will no longer need to quickly spend the lump sum of back payments they receive when they are first approved for SSI (which can be as high as $15,000 or more); they can instead put the money into an ABLE savings account for future use.
Anyone is allowed to contribute to an ABLE account, but only $15,000 (in 2018) from all sources is allowed to be put into an ABLE account per year. And an individual can only have one ABLE bank account.
Any income earned from investments in the account is not subject to income tax, and the account can grow until it reaches $100,000, after which point individuals lose their eligibility for SSI. (The maximum amount for Medicaid is much higher, but varies by state; generally, states use the same limit as they do for their 529 college savings plans.)
Unlike with special needs trusts, there is no trustee who manages the account; the beneficiary of the account (the disabled person) is the owner of the account and is able to spend the money as he or she wishes. (In the case of a minor or incapacitated person, a parent or person with power of attorney can be given signature authority over the account.)
To qualify to use an ABLE account, an individual must have a disabling condition that began before age 26. This requirement can be met by being entitled to disability benefits through SSI (Supplemental Security Income) or SSDI (Social Security Disability Insurance) or by having a written diagnosis from a physician indicating that individual has a physical or mental impairment that:
Individuals over 26 can have an ABLE account as long as their disability began before they turned 26.
Most of the rules regarding ABLE accounts come from federal law. Federal rules about the money put in and taken out of an ABLE account include the following:
While most of the rules regarding ABLE accounts are laid out in federal law, ABLE accounts are only available in states that have passed laws and regulations to make them available. So far only about half of the states have ABLE programs up and running. Notably, California and Texas are still working on implementation, but ABLE account enrollment is open in New York, Florida, Illinois, Pennsylvania, and about 20 other states. Each state sets its own annual fees and investment options.
Some states have decided not to provide ABLE accounts, but if your state doesn’t have an ABLE program, you may be able to open an account in another state. Only some states have opened their programs to residents of other states, including Illinois, Ohio, and Pennsylvania; Florida and Vermont are among the states that do not allow out-of-state residents to participate in their ABLE account programs.
For information on your state’s ABLE program, as well as a link to your state’s ABLE program so that you can open an account, see Nolo’s section on state ABLE account programs.