ABLE/STABLE-NH ACCOUNTS (FSM) |
Previous Policy |
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ABLE/STABLE-NH Accounts are a tax-advantaged savings account plan for individuals who are blind or disabled, Funds from ABLE/STABLE-NH accounts are used to pay for Qualified Disability Expenses (QDE). (See FSM Glossary Q-words for examples of QDEs)
Treatment: Excluded Resource
ABLE/STABLE-NH Account Contributions
Individuals can contribute their own resources, including resources that would otherwise be countable to their own ABLE/STABLE-NH account. Doing so would reduce their countable resources when determining eligibility.
Example 1: John contributes $3,000 of his own personal resources into his ABLE/STABLE-NH account from his IRA account. After the transfer of resources to the ABLE/STABLE-NH account, John’s personal countable resources are now reduced when determining his eligibility.
If an individual is contributing their own income to their ABLE/STABLE-NH account that income is still used in determining eligibility, there is no reduction in countable income when determining eligibility.
Example 2: Jose receives SSDI of $2,500 a month; he puts $2,000 monthly from his SSDI benefit into his STABLE-NH Account. When determining his countable income for all BFA programs we would still count his SSDI of $2,500 a month, because there is no reduction in his countable income. However, we would not count the $2000 added to his STABLE-NH account as a countable resource.
Third party contributions to an ABLE/STABLE-NH account as well as disbursements from an individual’s Special Needs Trust or Pooled Trust to an individual’s ABLE/STABLE-NH account are not counted as a resource or income for that individual.
Example 3: Martha receives a $10,000 contribution from her families Pooled Trust that was established for her in her youth. The transfer of funds from the Pooled Trust to her ABLE/STABLE-NH account are not counted as a resource or income for Martha.
Note: There is no special treatment for contributions made to another person’s ABLE/STABLE-NH account. Therefore, someone contributing to another individual’s ABLE/STABLE-NH account and then applying for Medicaid coverage for themselves may find that their contribution would constitute a transfer of assets.
ABLE/STABLE-NH Account Distributions
Distributions from ABLE/STABLE-NH accounts are not counted as a resource or as income as long as they are used for a QDE for the individual.
References: 7 CFR 273.8(e); 26 CFR 592A; 74 USC 722.500