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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2016

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Regulatory Flexibility Act Form

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26 USC §529A, Qualified ABLE programs
§201 of the Social Securities Act, Federal old-age and survivors insurance trust fund and federal disability insurance trust fund
§1602 of the Social Securities Act, Basic eligibility for SSI benefits
16 Del.C. Ch. 96A §9601A-§9608A, Delaware Achieving a Better Life Savings Accounts
Delaware has published legislation addressing the implementation and administration of the Stephen Beck, Jr., ABLE Act of 2014, in Delaware under 16 Del.C. Ch. 96A, Delaware Achieving a Better Life Experience Savings Accounts. The purpose of 16 Del.C. Ch. 96A is to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life.
In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services (DHSS)/Division of Medicaid and Medical Assistance (DMMA) gives public notice and provides an open comment period for thirty (30) days to allow all stakeholders an opportunity to provide input on the Delaware Social Services Manual provisions regarding Delaware Achieving a Better Life Experience (ABLE) Savings Accounts. Comments must be received by 4:30 p.m. on May 31, 2016.
Stephen Beck, Jr., Achieving a Better Life Experience (ABLE) Act of 2014,
ABLE Program” means a program established and maintained by a State (or agency or instrumentality thereof) through which interested individuals can open ABLE accounts.
Contributions” means the deposit of funds into an ABLE account. Any person can contribute to an ABLE account. (Note that “person,” as defined by the Internal Revenue Code, includes an individual, trust, estate, partnership, association, company, or corporation.) However, the Internal Revenue Service (IRS) limits the total annual contributions any ABLE account can receive from all sources to the amount of the per-donee gift-tax exclusion in effect for a given calendar year.
Designated beneficiary” means the eligible individual who established and is the owner of the ABLE account.
Distributions” means the withdrawal or issuance of funds from an ABLE account. The designated beneficiary or the person with signature authority determines when distributions are made. Distributions may be made only to or for the benefit of the designated beneficiary.
Eligible Individual” means a resident of this State or a contracting state who is:
Person with signature authority” means a person who can establish and control an ABLE account for a designated beneficiary who is a minor child or is otherwise incapable of managing the account. The person with signature authority must be the designated beneficiary’s parent, legal guardian, or agent acting under power of attorney. We consider the designated beneficiary to be the owner of an ABLE account, regardless of whether someone else has signature authority over it.
Qualified disability expense” or “QDE” means an expense related to the blindness or disability of the designated beneficiary and that are for the benefit of the designated beneficiary. In general, a QDE includes, but is not limited to, the following types of expenses:
Qualified disability expense for housing” means expenses for purposes of an ABLE account are the same as they are for in-kind support and maintenance purposes, except that they do not include food. QDEs for housing are payments for:
Rollover” means the distribution of all or some of the funds from one ABLE account to the ABLE account of a member of the original, designated beneficiary’s family. For the purposes of a rollover, a member of the designated beneficiary’s family means a sibling, which includes step-siblings and half-siblings, whether by blood or by adoption.
20330.2.1.2.1 The name of the designated beneficiary;
20330.2.1.2.2 The State ABLE program that is administering the account;
20330.2.1.2.3 The name of the person who has signature authority (if different from the designated beneficiary);
20330.2.1.2.4 The unique account number assigned by the State to the ABLE account;
20330.2.1.2.5 The account opened date; and
20330.2.1.2.6 The first-of-the-month account balance or information sufficient to derive a first-of-the-month balance.
Distributions for QDEs not related to housing should be excluded as a resource if retained beyond the month received. This exclusion applies for as long as:
20330.2.1.6.1.1 The designated beneficiary maintains, makes contributions to, or receives distributions from the ABLE account.
20330.2.1.6.1.2 The distribution is unspent; and
20330.2.1.6.1.3 The distribution is identifiable.
(NOTE: Excludable funds commingled with non-excludable funds must be identifiable in order to be excluded.)
Distributions from a designated beneficiary’s ABLE account for housing-related QDEs or for expenses that are not QDEs that are retained into the month following the month of receipt are countable as a resource. If the distribution is spent within the month of receipt it has no effect on eligibility.
Last Updated: December 31 1969 19:00:00.
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