An Achieving a Better Life Experience (ABLE) account is a tax-advantaged savings account to which contributions can be made to meet the qualified disability expenses of the owner, or designated beneficiary. ABLE accounts receive favorable treatment and are excluded from resources in whole or in part, for purposes of certain means-tested Federal programs.

The Stephen Beck, Jr., Achieving a Better Life Experience (ABLE) Act became law on December 19, 2014. The law aims to increase financial independence and improve quality of life while easing financial hardship faced by many individuals with disabilities and their families.

In order to be eligible to own an ABLE account, a person must be:

• receiving Supplemental Security Income (SSI) based on blindness or disability that began before age 26;
• in SSI suspense due solely to excess income or resources but otherwise eligible for SSI based on blindness or disability that began before age 26;
• receiving Social Security Disability Insurance benefits (DIB), childhood disability benefits (CDB), or widow’s with disabilities or widower’s benefits (DWB) based on blindness or disability that began before age 26; or
• the subject of a disability certification.
• A disability certification, to be signed by the individual or someone else establishing the ABLE account for the individual:
• Certifies that the individual is blind or has a physical or mental impairment that results in marked and severe functional limitations and that such blindness or disability began before age 26;
• Includes a certification that the individual has a copy of the diagnosis relating to his or her relevant impairment(s), signed by a physician.
• Conditions on SSA’s “List of Compassionate Allowances Conditions” are deemed to meet the requirements for filing a disability certification if the condition was present and produced marked and severe functional limitations before the individual attained age 26.

Most ABLE programs simply require individuals to certify that they have a disability and are eligible to open an account.  You do not, generally, have to send in medical records or diagnoses in order to open an ABLE account. The person must make the proof available for the IRS or the ABLE program if requested to satisfy the disability certification requirement.  Account owners must recertify their eligibility annually.

The person with the disability is the owner and the beneficiary of the ABLE account. Therefore, you may see “owner” and “designated beneficiary” used interchangeably when you get information about ABLE accounts.

Up to and including $100,000 in the person’s ABLE account is excluded from being treated as a countable resource for SSI benefits calculations.

Up to and including $100,000 in an ABLE account is disregarded.  Only assets above $100,000 count as a resource for SSI purposes.  If the ABLE account balance exceeds $100,000 by an amount that causes the SSI recipient to exceed the $2,000 resource limit, either alone or with other resources, SSI benefits will be suspended without a time limit (assuming that the individual otherwise remains eligible for SSI).  SSI benefits are reinstated for all months in which the ABLE account balance no longer causes the individual to exceed the resource limit and the individual is otherwise eligible for SSI.

No. Medicaid eligibility continues even if the ABLE account exceeds $100,000 by an amount that causes the recipient to exceed the SSI resource limit, whether alone or with other resources, as long as the individual remains otherwise eligible for SSI.

Any person may contribute to, or deposit funds into, an ABLE account. (The Internal Revenue Code defines a person as including an individual, trust, estate, partnership, association, company, or corporation.)

Yes.  Beneficiaries who receive Social Security or SSI benefits can deposit their benefits into their ABLE accounts. If the beneficiary has a representative payee (payee), the payee must ensure that the ABLE account adheres to all requirements of the Representative Payee Program. For more information for payees who use ABLE accounts to manage benefits, please visit our website: Social Security - Representative Payee Program - Payee and ABLE Accounts (ssa.gov).

For information on representative payees’ use of ABLE accounts to manage funds, please visit Use of ABLE Accounts by Representative Payees.

Total contributions from all sources are limited to the annual gift tax exclusion, unless the account owner is employed (see below).  In 2022, the gift tax exclusion limit is $16,000. In 2023, the gift tax exclusion is $17,000.

Yes.  ABLE account owners who are employed, and for whom certain retirement plan contributions have not been made for the taxable year, may contribute additional funds to their ABLE accounts beyond the annual gift tax exclusion limit ($16,000 in 2022; $17,000 in 2023).  The additional annual contributions may not exceed the federal poverty level for a one-person household (in the designated beneficiary’s state of residence) for the previous calendar year or the designated beneficiary's compensation for the current taxable year, whichever is less.

A distribution is any payment from an ABLE account. Distributions (other than returns of contributions) may be made only to, or for the benefit of, the designated beneficiary.  Distributions for Qualified Disability Expenses are not counted as taxable income.

Qualified Disability Expenses (QDE) are expenses that relate to the disability or blindness of the designated beneficiary and that are for the benefit of the designated beneficiary in improving health, independence, or quality of life. Such expenses include, but are not limited to, expenses related to the designated beneficiary’s: education; housing; transportation; employment training and support; assistive technology; healthcare, prevention and wellness; financial management and administrative services; legal fees; account oversight and monitoring; funeral and burial expenses; and basic living expenses.

A distribution for a housing expense or for an expense that is not a QDE is counted as a resource, if the designated beneficiary retains the distribution into the month following the month of receipt. If the designated beneficiary spends the distribution within the month of receipt, there is no effect on SSI eligibility.

The ABLE account may be established by a person selected by the eligible individual; or If an eligible individual (whether a minor or adult) is unable to establish their own ABLE account, an ABLE account may be established on behalf of the eligible individual by: the eligible individual’s agent under a power of attorney or, if none, by a conservator or legal guardian; spouse, parent, sibling, grandparent of the eligible individual; or a representative payee appointed for the eligible individual by the Social Security Administration (SSA), in that order. An account opened by a representative payee appointed by SSA must meet all of the SSA account rules and requirements.

You can open an ABLE account by going directly to an ABLE program’s website or by calling their customer service.  Some state programs may offer paper enrollment.  You can view a list of all state ABLE programs and websites at www.abletoday.org/able-programs.

States administer ABLE programs.  You can view a listing of all state ABLE programs at www.abletoday.org/able-programs.

No.  Eligible persons or their authorized legal representatives may open an account in their own State’s plan or in a State plan that is available to out-of-State residents.  Some State plans are available only to residents of that State.  It is important to look at one’s home State plan first in case there are tax benefits for owning an ABLE account with that plan.

Only one ABLE account can be owned no matter what plan you enroll in.

ABLE accounts are transferrable to siblings who are also eligible individuals. See state plan disclosure documents for specific details.

Earnings on an ABLE account and distributions from the account for QDEs are not counted as taxable income.