ABLEnow, Virginia’s ABLE program, assists people with special needs in saving money while still receiving disability payments.
Residents and non-residents of Virginia may enroll in ABLEnow, Virginia’s ABLE program. Details regarding Virginia’s ABLE program may be found here.
ABLE accounts are bank accounts that enable persons with special needs to save money while still receiving disability payments. The federal ABLE (Achieving a Better Life Experience) Act inspired ABLE accounts, however they are formed and administered at the state level.
ABLE accounts are not yet available in all jurisdictions, and each state will have somewhat different laws and processes for creating and utilizing an ABLE account.
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Save Money Without Being Punished
People with special needs must demonstrate that they do not have enough money to maintain themselves independently when applying for disability payments. Money saved in a regular bank account is taken into consideration when determining eligibility for disability payments.
As a consequence, persons with special needs are unable to save money that they earn or acquire via inheritance or gifts. On a daily level, this implies that persons with special needs must live on very little money in order to get government assistance.
One solution to this problem is to utilize a special needs trust, which gives a location to preserve money for the benefit of the person with special needs (without affecting his or her eligibility for benefits). Special needs trusts, on the other hand, must be governed by a trustee, not the individual with special needs who benefits from the trust. This not only gives a special needs person minimal control over his or her resources, but it also inhibits the individual’s independence.
ABLE accounts cover this need by allowing persons with special needs to manage a small bank account without jeopardizing their eligibility for SSI, Medicaid, or other government assistance.
Federal ABLE Account Regulations
The federal ABLE Act establishes the fundamental guidelines for all ABLE accounts. (The federal act may be found at https://www.congress.gov/bill/113th-congress/house-bill/647/.) When states approve and execute the ABLE Act, they must follow federal guidelines while also adding their own. Here are a few examples of federal regulations:
Qualifications due to disability To be eligible for an ABLE account, a person must have a debilitating condition that started before the age of 26.
There is just one account. Each individual may only have one ABLE account.
Anyone may deposit funds into the account. Anyone, even the owner with a handicap, may contribute to an ABLE account.
Contributions are yearly limited. The 2022 limit is $16,000.
Many people limit their accounts at $100,000. The amount of an ABLE account cannot exceed $100,000 for persons who qualify for SSI. See the state regulation, below, for people who do not qualify for SSI.
The use of money is restricted. Funds in an ABLE account must be used for Qualified Disability Expenses (QDE)—expenses “connected to the account holder’s blindness or disability.”
If utilized appropriately, account money are not taxed. Income generated from ABLE account money is not taxed. Contributions are paid after-tax money, and QDE dividends are tax-free.
Medicaid is paid using unused monies. When a disabled person dies, any assets left in an ABLE account are used to pay Medicaid for services provided by that program.
Learn more about the federal regulations governing ABLE Bank Accounts.
When individual states enact the ABLE Act and establish ABLE accounts for its inhabitants, they may additionally establish regulations and procedures concerning:
Minimum deposits are needed to start an account.
Fees
Accounts are available to non-residents.
Contribution deductions in state income taxes
Account transfers
Credit cards
Portfolios of investments
Virginia ABLE Accounts
Virginia was the first state to enact ABLE legislation after Congress enacted the federal statute. The following are some specifics of Virginia’s ABLE account.
ABLEnow is a common name.
URL: https://www.able-now.com/
Code of Virginia sections 23.1-700 to 23.713
Virginia529 is the program manager.
Vanguard and Fidelity are two investment managers.
Account maximum: $500,000 ($100,000 to maintain SSI eligibility).
Maximum annual contribution: $16,000 (If you work and are not enrolled in an employer-sponsored retirement plan, you may contribute an additional $12,880 or the amount of your yearly income, whichever is less, for a total annual contribution maximum of $28,880.) More information about this option may be found here.
Out-of-state residents are welcome: Yes
The minimum amount required to start an account is $0
Yes, a debit card is available.
Investment possibilities: There are four investment alternatives, each with a different level of risk. The initial $2,000 is deposited into an account connected to your ABLEnow card, and the remaining monies are invested as you see fit.
Account fees: $3.25 per month (waived if the account hits $10,000).
Investment administration cost: 0.15% yearly fee imposed weekly on investment balances.
Annual administration fee of 0.10% imposed quarterly on investment balances.
Asset management costs are decided by the investment portfolio manager and range from 0.37% to 0.4%.
Contributions to an ABLEnow account in Virginia are eligible for a state income tax deduction of up to $2,000 per donor.