The Stephen Beck Jr. Achieving a Better Life Experience (ABLE) Act was passed by Congress in December of 2014. The ABLE Act established a way for people with eligible disabilities to save money in a tax-free account without losing their state or federal benefits. The protections offered by ABLE accounts are similar to that of a special needs trust, but there are many differences between the two options related to eligibility, contributions, use of funds, and Medicaid payback provisions.
Here are some of the differences between the two savings options for people with disabilities. These should be considered carefully when determining which option is best for the beneficiary and the donor.
No requirement or limitation; beneficiaries over age 65 may be subject to a penalty
No requirement or limitation
No requirement or limitation
Onset of qualifying disability prior to age 26
Can be established by a parent, guardian, court, or capable person with a disability
Can be established by parent, power of attorney, guardian, or person with a disability
Unlimited
One per beneficiary
The Arc Oregon
Account holder or authorized agent
None – no minimums or maximums
2018 Annual contribution max: $15,000
Protected SSI asset max: $100,000
Lifetime contribution max: $310,000
Any expense for the sole benefit of the beneficiary that is not covered by public benefits; payments may not be made directly to the beneficiary
Qualified disability expenses and basic living expenses; Taxes and penalties apply for non-qualified expenses
First-party funds must be used to reimburse state for Medicaid benefits; Third-party funds are not subject to payback rules and may be directed by the donor
Remaining funds upon death of beneficiary must be used to reimburse state for Medicaid benefits regardless of the source of funds
See our Fee Schedule page for details
$35 Annual Fee, plus .3% to .37%
$10 paper statements delivery fee
$2.50 check disbursement fee
We review and approve all requests to avoid adverse effects on means-tested benefits and protect beneficiaries from financial exploitation.
No oversight provided to insure disbursements are qualified or that only authorized persons with the beneficiary’s best interests in mind have access to the account.
Absolutely! There are many situations in which an ABLE account and an OSNT account can work well together to support a person’s financial and lifestyle goals. You may deposit and access money from both accounts, or transfer money from an OSNT account into an ABLE account to pay for needs that are not allowable under special needs trust rules. Download our information sheet about how this works and/or contact our office for more details.
For more information visit the Oregon ABLE Savings Plan website.
We are happy to discuss the options with you to help determine which would work best for you
The Arc Oregon
2405 Front Street NE #120 | Salem, OR 97301
Phone (503) 581-2726 | Fax (503) 363-7168
The Arc Oregon
2405 Front Street NE #120 | Salem, OR 97301
Phone (503) 581-2726 | Fax (503) 363-7168
