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ABLE Act

ABLE (Achieving a Better Life Experience) ACT 2013

A person can open an ABLE Account if the person was determined to be disabled prior to age 26.

Disabled means the person is, “entitled to benefits based on blindness or disability under title II or XVI of the Social Security Act…”.

Most money an SSI recipient receives is counted against them and reduces the amount they receive from Social Security. An ABLE Account allows a person who receives Medicaid or Social Security Supplemental Income (SSI) to keep some additional money and their benefits.

There are some restrictions:

➢ only one ABLE account per beneficiary

➢ yearly contributions to the account cannot exceed the annual gift tax exclusion amount

➢ if the account exceeds $100,000 at any time, SSI benefits will be suspended but there is no impact to AHCCCS/DDD/ALTCS benefits

➢ only withdrawals for “qualified disability expenses” are tax free

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