To be eligible for a New Jersey Able Account, you must have a disability as defined by the Social Security Administration.
The account can be opened with as little as $25, and contributions can be made up to the annual limit.
A New Jersey Able Account allows you to save and invest money for disability-related expenses without affecting your eligibility for public benefits.
You can use the funds in your account to pay for qualified disability expenses, such as medical expenses, education, and home modifications.
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Achieving a Better Life Experience Act
The Achieving a Better Life Experience Act, or ABLE Act, allows individuals with disabilities to save money for disability-related expenses without affecting their government benefits. This is a game-changer for many people with disabilities who want to maintain their independence.
An ABLE account is a tax-favored savings account specifically designed for individuals with disabilities diagnosed before the age of 26. It's like a savings or checking account, but with special benefits.
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Funds deposited into an ABLE account are disregarded when determining eligibility for most federal means-tested benefits, such as Medicaid and Food stamps. This means that having an ABLE account won't affect your government benefits.
Income earned on an ABLE account receives preferred federal tax treatment, similar to a 529 college savings account. The income tax is deferred, and you won't have to pay taxes unless you make a withdrawal for a nonqualified disability expense.
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Eligibility and Requirements
To be eligible for a New Jersey ABLE account, you must meet two main requirements. First, you must have been diagnosed with a disability before your 26th birthday, or if you don't have a diagnosis, a certification supported by competent medical records and documentation may suffice.
The disability must also result in functional limitations that are expected to last for 12 months or more, or if you're blind, or meet the disability requirements for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).
You can only have one ABLE account in existence at a time, and the beneficiary of the account must be the only account owner. This means you can't have multiple ABLE accounts, and the account must be in the name of the person with the disability.
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Who Is Eligible?
To be eligible for an ABLE account, you must meet two main requirements. First, you must have been diagnosed with a disability before your 26th birthday. This can be done with a diagnosis from a doctor, and if you don't have a diagnosis, a certification supported by medical records and documentation may suffice.
The disability must also result in functional limitations that are expected to last for 12 months or more, or if you're blind, or you meet the disability requirements for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).
You can open an ABLE account at any age, but it must be in the name of the person with the disability. Typically, the account owner or authorized legal representative certifies that they have the required documentation during the enrollment process.
Here are the key eligibility requirements:
- Diagnosed with a disability before age 26
- Has functional limitations expected to last 12 months or more, or is blind, or meets SSI or SSDI requirements
Remember, if you're unsure about your eligibility or have questions about the requirements, you can seek guidance from a professional or call the Social Security Administration for more information.
Important Requirements
To open an ABLE account, you must meet certain requirements. You can only have one ABLE account in existence at a time, and the beneficiary of the account must be the only account owner.
The law no longer imposes federal citizenship requirements to establish an ABLE account, but it may be difficult to open an account without a social security number. To be eligible, an individual must have a disability that began before age 26, and they must meet the required severity of disability in one of two ways: receiving Supplemental Security Income payments or Social Security Disability Insurance Benefits, or having a licensed physician sign a document stating they have "marked and severe" functional limitations.
You can only contribute up to the maximum annual federal gift tax exemption amount to an ABLE account, which is $18,000 per year. Anyone, including the beneficiary, family, friends, and others, can make contributions to an ABLE account.
The total value of the account cannot exceed the state limit for a 529A account, which varies by state. In New Jersey, the limit is $305,000. If your ABLE account exceeds $100,000, you will lose your SSI eligibility, but keep your Medicaid eligibility. If the account exceeds $305,000, you will be ineligible for both programs.
Here are the key eligibility requirements:
- Age requirement: The account beneficiary must have been diagnosed with a disability prior to their 26th birthday.
- Disability requirement: The disability must result in functional limitations that are expected to last for 12 months or more, or if the person is blind, or meets the disability requirements for SSI or SSDI.
The age requirement will be expanded to include people with a disability that began before age 46 on January 1, 2026. If you're unsure about your eligibility, consult with a professional or contact the Social Security Administration for guidance.
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Opening and Managing an ABLE Account
To open an ABLE account, you'll need your personal information, such as your name, address, date of birth, and Social Security number. You'll also need financial information, like your bank account number and routing number, for the initial deposit.
Most ABLE accounts can be opened online, and you can choose to designate an authorized legal representative to help manage your account and identify a beneficiary. You'll also have choices about the types of ABLE account and features you'll select, such as using a debit card or pre-paid card, as available in the plan you choose.
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Absolutely, do not wait to open an ABLE account! You can start with the savings option and debit card, and it's perfectly fine if you decide not to invest right away. If your plan offers investment options, you can always choose to invest later once you learn more.
The annual deposit limits are subject to change each calendar year, and employed account owners may be eligible to contribute even more. You can visit the ABLE Contribution Limits webpage to access up-to-date information for annual contribution limits, ABLE to Work, and state plan balance limits.
Anyone can deposit money directly into an ABLE account, including the account owner, family, friends, or employers, and even a special needs or pooled trust. A 529 qualified tuition plan may be rolled over into an ABLE account, and contributions may be made using various methods, such as checks, direct deposit, electronic fund transfers, Ugift, or other gifting programs.
To be eligible to open an ABLE account, you must have a disability that began before age 26, and you must meet the required severity of disability in one of two ways: receiving Supplemental Security Income payments or Social Security Disability Insurance Benefits, or having a licensed physician sign a document stating that you have "marked and severe" functional limitations.
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The beneficiary of the account, meaning the person with the disability, must be the only account owner, and you cannot have multiple ABLE accounts. Another person, such as a parent or guardian, can be given access or authority over the account to assist the person in need.
The total annual contribution to the account may not exceed the maximum annual federal gift tax exemption amount unless the beneficiary is working. The current exemption is $18,000 per year, periodically adjusted upward for inflation.
Understanding ABLE Account Costs and Features
There are 49 ABLE plans available across the country, so it's essential to take a close look at the options in your state first.
In New Jersey, for example, selecting the state's ABLE plan may come with tax credits or deductions, which can be a significant advantage.
You can have only one ABLE account, so it's crucial to make an informed decision about which plan is best for you.
Using Funds
You can use funds from an ABLE account for qualified disability expenses (QDEs), which can include basic living expenses. The Social Security Administration considers food a QDE, giving families more flexibility in how they use these funds.
Funds in an ABLE account can be used for a wide range of expenses, including education, housing, transportation, and employment training and support. This can help the account owner increase their independence and improve their quality of life.
Some examples of qualified disability expenses include education, health and wellness, housing, transportation, and assistive technology. It's also worth noting that qualified disability expenses can be broadly interpreted and applied to permit the inclusion of basic living expenses.
Distributions from an ABLE account may be made for qualified disability expenses, and some examples of these expenses include:
- Education
- Health and wellness
- Housing
- Transportation
- Legal fees
- Financial management
- Employment training and support
- Assistive technology
- Personal support services
- Oversight and monitoring
- Funeral and burial expenses
Keep in mind that distributions made from the account that are deemed to be non-qualified expenditures will be subject to a 10% penalty for income tax purposes and may affect eligibility for federal means-tested benefits.
Comparing Plan Costs and Features
There are 49 ABLE plans available across the country.
You should look at the state where you live first because there may be tax credits or deductions if you select your state's ABLE plan.
You can only have one ABLE account.
The ABLE NRC Decision Guide, "Selecting and Opening an ABLE Account", will help you make your choice.
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Federal Benefits and ABLE Accounts
Setting up an ABLE account won't negatively impact your state and federal benefits if it's correctly set up and administered.
However, we need to consider two major federal benefit programs: SSI and Medicaid. SSI payments will be suspended if your account balance exceeds $100,000, but your SSI benefits won't be terminated.
Medicaid benefits aren't impacted by an ABLE account balance of less than $100,000. This $100,000 account balance limitation is crucial to keep in mind, especially for SSI eligibility.
Special Considerations
An ABLE account can be used in combination with a trust, such as a special needs trust (SNT) or pooled trust (PT), to provide additional benefits. This combination can be especially useful for covering shelter costs without reducing SSI payments.
Having both an ABLE account and a trust can provide a safety net for individuals with disabilities and their families. An ABLE account works well on its own or in combination with a trust account.
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Using a Trust
You can have a trust, such as a special needs trust (SNT) or a pooled trust (PT), in addition to an ABLE account. A trust can be a useful tool to help manage funds for a person with a disability.
A trust can deposit funds into an ABLE account to cover shelter costs without reducing SSI payments, which is a significant advantage. This means you can use a trust to cover essential expenses while keeping the person's SSI benefits intact.
You can also have all three: an ABLE account, a special needs trust (SNT), and a pooled trust (PT). This can provide even more flexibility and options for managing funds.
The Downside
The state of New Jersey is a priority creditor for any ABLE funds left upon death, requiring reimbursement for Medicaid payments made on behalf of the beneficiary.
If an ABLE account owner dies and has assets left in the account, the state will file a lien claim for those funds, considering itself a creditor, not a beneficiary.
An exception to this rule is if a person with a disability leaves their ABLE account to another member of their immediate family with a disability.
This means it's essential to be sensitive to the beneficiary's health and consider this issue when setting up an ABLE account.
The state of New Jersey has laws that limit Medicaid payback for ABLE account owners who use their state's ABLE plan.
ABLE account assets will be disregarded when determining eligibility for most federal means-tested benefits, but there are exceptions for SSI and Medicaid.
The first $100,000 in an ABLE account is disregarded when determining SSI eligibility, but funds above this amount will be treated as resources.
This $100,000 account balance limitation is a crucial factor for SSI eligibility and Medicaid benefits.
Alternative to Creating a Special Needs Trust (SNT)
An alternative to creating a Special Needs Trust (SNT) is to consider an ABLE account, which can provide a simple and less costly option for saving for the future while protecting eligibility for public benefits. The ABLE Act became law in 2014, offering a new option for individuals with disabilities and their families.
The ABLE account can be used for qualified disability expenses, which can include basic living expenses as well as medical necessities. Some examples of qualified disability expenses include education, health and wellness, housing, transportation, and personal support services.
An ABLE account can be opened at any age, and the account is always opened in the name of the person who has the disability. To be eligible, the individual must have a disability that began before age 26, and they must meet the required severity of disability.
Here are some key benefits of an ABLE account:
- No penalty for withdrawals: Unlike a 401(k) or IRA, you won't face penalties for withdrawing funds from an ABLE account.
- Tax-free growth: The funds in an ABLE account grow tax-free, which means you won't have to pay taxes on the earnings.
- No impact on SSI: An ABLE account won't impact your Supplemental Security Income (SSI) eligibility, as long as the balance is below $100,000.
The ABLE account can be used in conjunction with a trust account, and it's worth noting that an individual can have both an ABLE account and a trust account. A trust can deposit funds into an ABLE account to cover shelter costs without reducing SSI payments.
Frequently Asked Questions
What disabilities qualify for an ABLE account?
To qualify for an ABLE account, you must have a physical, intellectual, or mental disability that meets the eligibility criteria for SSI or SSDI benefits based on blindness or disability. Eligibility is automatic for those receiving SSI or SSDI due to a disability.
Sources
- https://www.lsnjlaw.org/legal-topics/disability/ssdi-ssi/pages/able-accounts-aspx
- https://www.newjerseylawyersblog.com/new-jersey-able-account-update/
- https://www.ablenrc.org/what-is-able/what-are-able-acounts/
- https://www.finra.org/investors/investing/investment-accounts/able-accounts
- https://hnwlaw.com/elder-law/understanding-a-special-needs-trust-in-new-jersey/an-able-act-account-a-powerful-alternative-to-a-special-needs-trust/
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